Lok Sabha Question No. 1538 (UNSTARRED), answered on 2020-09-20
Subject: Nexus between Police and Criminals
Ministry: HOME AFFAIRS
Asked by: Deepak Baij

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1538

TO  BE  ANSWERED  ON  THE  20 TH   SEPTEMBER,  2020/  BHADRAPADA 29, 1942 (SAKA)

NEXUS BETWEEN POLICE AND CRIMINALS

†1538. SHRI DEEPAK BAIJ:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether it is a fact that during the last few years, many cases of nexus between police and criminals have come to light in the country;

(b) if so, the details thereof;

(c)  whether  the  Government  is  considering  to  take  steps  for  police reforms in view of nexus between police and criminals and atrocities on poor and farmers by police;

(d) if so, the details thereof; and

(e)  the  reports  submitted  by  various  commissions  for  police  reforms and the details of the action taken on such suggestions?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a) & (b): 'Police' is a State subject falling in List-II (State List) of the Seventh  Schedule  of  the  Constitution  of  India.  It  is  primarily  the responsibility  of  the  State  Governments/UT  Administrations  to  make the police force efficient & capable and its functioning more effective, transparent and accountable.   Any  specific  nexus of certain sections

of  society  or  criminal  and  police  is  an  outcome  of  investigation  by agencies of the State subject to verdict of appropriate courts.

The  Model  Police  Act,  2006,  which  was  circulated  to  all  State governments  has  the  provision  of  constituting  Police  Accountability Commission & District Accountability Authority for ensuring accountability  of  the  police.    Further,  one  of  the  direction  of  the Supreme Court of India in Prakash Singh case on police reforms was to constitute  Police  Complaints  Authorities  at  the  State  and  District levels  for  looking  into  complaints  against  police  officers.  These directions were forwarded to the States/UTs for its implementation.

(c) to (e): Police  reforms  is  an  ongoing  process.  The  Centre  also issues advisories to the States to bring in the requisite reforms in the Police to meet the expectations of the people.

In order to improve the functioning of the police, the Union Government has set up various Commissions/Committees i.e. National Police Commission (1977), Ribeiro Committee (1998), Padmanabhaiah Committee (2000), Malimath Committee on Criminal Justice (2002).

Further, the Government constituted a Review Committee headed by Shri R.S.  Mooshahary  to review  the recommendations of the previous

Commissions and Committees on Police  Reforms  in  December  2004. The  Committee  submitted  its  report  in  March  2005.  The  Committee shortlisted 49 recommendations. These are annexed. The recommendations of the Review Committee have been sent to State Governments and Union Territory Administrations for taking appropriate action.

A component of 'incentives for police reforms' has been included in the implementation structure of the scheme of 'Assistance to States for  Modernisation  of  Police'.  It  has  been  decided  to  keep  certain amount each year for providing incentive/grants to State Government for implementation of Police Reforms. To incentivize the implementation of police reforms as recommended by various committees,  originally  a  provision  of  keeping  up  to  10%  of  the  total annual allocation of the scheme was made.  This incentive component has been increased to 'up to 20%' of the total allocation from the year 2019-20.

Ministry of Home Affairs has introduced a system for ranking of Police stations  in  2018.  It  is  a  two  stage  process  where  3  Police  Stations from  States  having  more  than  750  police  stations,  2  each  from  all other States and Delhi and 1 each from Union Territories  are  selected

## L.S.US.Q.NO.1538 FOR 20.09.2020

from more than 15,000 Police Stations in the country on the basis of rate of conviction in cases of crimes against women, crimes against SCs/STs  and  property  offences.  In  the  second  stage,  performance measurement is done based on parameters like crime prevention and proactive  measures,  disposal  of  cases,  maintenance  of  public  order, infrastructure  assessment  and  citizens  feedback.  Personal  visits  are made by the  surveying  team  to  the  selected  police  stations  for  this purpose.

The guidelines provide for awarding two sets of awards i.e. one for the top  3  best  police  stations  in  the  country  and  another  for  the  best police  station  in  each  State/Union  Territory.  In  the  last  DsGP/IsGP Conference held in December 2019 at Pune, Maharashtra, the best 3 police stations in the country were awarded Shields. Certificates have been provided to the top police stations of the State/UT.

This  initiative  has  worked  as  a  demonstration  effect  for  Police Stations in the country to raise their standard of performance.

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## List of 49 recommendations made by Review Committee

| Recommendations   | Recommendation concerning to the State Governments/ UTs                                     |
|-------------------|---------------------------------------------------------------------------------------------|
| 1.                | Educational qualification &age limit for recruitment as Constables.                         |
| 2.                | Educational qualification &age limit for recruitment of Sub-Inspectors.                     |
| 3.                | Establishment of State Police Recruitment Boards.                                           |
| 4.                | Scale of pay for Constables.                                                                |
| 5.                | Working hours for Constabulary.                                                             |
| 6.                | Promotional prospect for Constables.                                                        |
| 7.                | Training of policemen at all levels.                                                        |
| 8.                | Linkage of promotion with training.                                                         |
| 9.                | Co-relation between training and posting.                                                   |
| 10.               | Police Housing.                                                                             |
| 11.               | * Levels of direct recruitment to Police Service.                                           |
| 12.               | Teeth-to-tail ration in the police force.                                                   |
| 13.               | Police Commissionerate System.                                                              |
| 14.               | Separation of Investigation from Law &Order.                                                |
| 15.               | Manpower strength in Police Stations.                                                       |
| 16.               | Orderly system.                                                                             |
| 17.               | * Internal Security role of Police.                                                         |
| 18.               | Village Police System.                                                                      |
| 19.               | Merger of Women police with regular police.                                                 |
| 20.               | * IPS Cadres for Central Police organization.                                               |
| 21.               | Method of selection of Chief of Police.                                                     |
| 22.               | Tenure of Chief of Police.                                                                  |
| 23.               | Fixity of tenure of key functionaries.                                                      |
| 24.               | Police Establishment Board.                                                                 |
| 25.               | Adequate financial powers for DsGP and CPs.                                                 |
| 26.               | Modernization of Police Forces.                                                             |
| 27.               | Upgradation of Police Training facilities.                                                  |
|                   | Common Central Forensic Science cadre for central organization.                             |
| 29.               |                                                                                             |
| 30.               | Computerisation of Police Stations.                                                         |
| 31.               | Restructuring of Police Stations.                                                           |
| 32.               | Basic facilities in Police Station.                                                         |
| 33.               | Outsourcing of some police duties.                                                          |
| 35.               | Accountability of Police to Public.                                                         |
| 36.               | Police Complaints Board.                                                                    |
| 37.               | Free registration of crime.                                                                 |
| 38.               | Reduction in the number of arrests.                                                         |
| 39.               | New Police Act.                                                                             |
| 40.               | Directorate of prosecution.                                                                 |
| 41.               | Legal advice to police. Confession under Section 25 &26 of the Evidence                     |
| 42.               | Act.                                                                                        |
| 43.               | Federal Offences.                                                                           |
| 44.               | Organized Crime. Tackling Economic                                                          |
| 45.               | Offences. offences.                                                                         |
| 46                | Distinction between non cognizable and cognizable                                           |
| 47. 48.           | Amendments to Section 161 and 162 of Cr. P.C. Amendment of Identification of Prisoners Act. |
| 49.               | * State Security Commission.                                                                |

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