Role Of Police And Law Enforcement
Police and law-enforcement agencies are responsible for maintaining public order, enforcing laws, preventing and detecting crime, and ensuring the safety and security of society. Their functions broadly include:
1. Preventive Functions
Patrolling to deter crime
Maintaining public order during festivals, protests, traffic, emergencies
Taking preventive action under law (e.g., CrPC preventive arrests in India)
2. Investigative Functions
Registering FIR/complaints
Collecting evidence, interrogating suspects, arresting accused
Filing charge sheets and assisting prosecution
3. Law-and-Order Functions
Crowd control
Riot prevention and management
Ensuring elections, public gatherings, and political rallies occur peacefully
4. Protective Functions
Providing security to vulnerable individuals and public property
Implementing victim-protection programs
Rescuing individuals in emergencies (floods, fires, accidents)
5. Community Policing
Building trust with local communities
Awareness programs on safety, cyber-crime, traffic rules
Encouraging public cooperation in solving crimes
6. Upholding Constitutional Rights
Modern policing is not only about force but also about protecting citizens' fundamental rights, such as:
Right to life and liberty
Freedom from torture
Right to legal representation
Protection from unlawful arrest/detention
Courts have issued many judgments emphasising humane, fair, and accountable policing.
IMPORTANT CASE LAWS (More than 5 Cases, All Explained in Detail)
1. D.K. Basu v. State of West Bengal (1997) – India
Issue: Custodial torture, guidelines for arrest
Court’s Findings:
The Supreme Court held that custodial violence is one of the worst forms of human rights abuse. To curb arbitrary police actions, the Court laid down mandatory guidelines, including:
Arrest memo must be prepared with time, place, and witness
Relative/friend must be informed of the arrest
Medical examination every 48 hours
Police officer must have clear identification and name tags
Arrest register must be maintained
Importance:
These guidelines became part of the law (later incorporated partly in the CrPC). It re-defined how police must respect Article 21 (Right to Life).
2. Prakash Singh v. Union of India (2006) – India
Issue: Police reforms, independence from political interference
Court’s Findings:
The Supreme Court recognised widespread corruption, political control, and inefficiency in policing. It directed all states to implement seven major reforms, including:
Establish State Security Commission (SSC)
Fixed minimum tenure for DGP and other senior officers
Separation of investigation and law-and-order functions
Police Establishment Board to handle transfers/postings
District-level complaints authority for police misconduct
Importance:
This case forms the foundation of modern police reform in India. Many states are still under supervision for non-compliance.
3. Lalita Kumari v. Govt. of Uttar Pradesh (2013) – India
Issue: Mandatory registration of FIR
Court’s Findings:
The Supreme Court held that:
Police must register an FIR if information reveals a cognizable offence.
Preliminary enquiry is allowed only in exceptional cases (family disputes, commercial fraud, medical negligence).
Failure to register FIR invites disciplinary and legal action.
Importance:
It strengthened victims’ rights and reduced police discretion that often led to corruption or refusal to investigate.
4. Joginder Kumar v. State of Uttar Pradesh (1994) – India
Issue: Arbitrary arrest and rights of detainees
Court’s Findings:
The Court held that police cannot arrest a person merely because they have the power to do so.
Arrest must be justified on:
necessity for investigation,
preventing crime, or
ensuring presence during trial.
For every arrest, police must record reasons, and these reasons must be subject to judicial scrutiny.
Importance:
This case prevents misuse of police arrest powers and protects individual liberty.
5. Sheela Barse v. State of Maharashtra (1983) – India
Issue: Protection of women prisoners, custodial violence
Court’s Findings:
The Court ordered:
Female suspects must be interrogated only in presence of a female police officer
Separate lock-ups for women
Legal aid must be provided
Allegations of custodial torture must be investigated immediately
Importance:
It improved rights and safety of women in custody, influencing later amendments in criminal procedure.
6. Miranda v. Arizona (1966) – United States
(International case shaping global policing)
Issue: Right against self-incrimination, custodial interrogation
Court’s Findings:
Police must inform arrested individuals of their rights before interrogation:
Right to remain silent
Anything said may be used in court
Right to an attorney
State must provide an attorney if the individual cannot afford one
Importance:
Though American, the principle influenced many countries, including India, and strengthened fair investigation standards and protection against forced confession.
7. Tennessee v. Garner (1985) – United States
Issue: Use of deadly force by police
Court’s Findings:
Police cannot use lethal force against a fleeing suspect unless:
the suspect poses a significant threat of death or serious harm to officers or others.
Importance:
Global benchmark for proportional use of force. Reinforces that police power must be reasonable and minimal.
8. Prem Shankar Shukla v. Delhi Administration (1980) – India
Issue: Handcuffing of prisoners
Court’s Findings:
The Supreme Court held that routine handcuffing violates human dignity and is unconstitutional unless:
Special reasons are recorded
There is real and immediate risk of escape
Importance:
Sets standard for humane treatment and limits unnecessary physical restraints.
CONCLUSION
Police play an essential role in protecting society, but they must act within constitutional boundaries.
Case law—especially D.K. Basu, Prakash Singh, Lalita Kumari—ensures that policing is:
Accountable
Transparent
Non-arbitrary
Respectful of human rights
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