https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

For SMART Police To Be Truly Effective, Empower the Constables First

Retired IAS officer and former Director of LBSNAA, Sanjeev Chopra, writes that India must train the constables in law, forensics, and technology also.
Indian Masterminds Stories

Soon after becoming Prime Minister, Narendra Modi coined the acronym SMART Police. S stood for strict and sensitive, M for modern and mobile, A for alert and accountable, R for reliable and responsive, and T for tech-savvy and trained. However, if much of the police force, which comprises the constabulary, is recruited and trained as per the norms of the colonial era, there is no way in which the seven recommendations made by the Supreme Court in 2006 will bring about the transformative moment for the SMART police as envisaged by the Prime Minister.

THE 2006 SUPREME COURT DIRECTIONS

First, let us examine the 2006 directions of the Supreme Court issued on a Public Interest Litigation (PIL) filed by two former Director Generals of Police, Prakash Singh and NK Singh in 1996. In this PIL, the Supreme Court gave directions to the government to implement the recommendations of the National Police Commission (NPC) constituted in 1977 with wide terms of reference covering police organisation, role, functions and public interface. The NPC produced eight reports between 1979 and 1981. The Supreme Court found merit in their case and gave seven clear directions to the Ministry of Home Affairs and the state governments. These included the establishment of an institutional mechanism to limit political control, ensure merit-based appointment of the DG, minimum tenure of two years for police officers on operational duty – from SHOs to DGPs, separation of the investigation function from that of law and order, and the creation of a Police Complaints Authority, Police Establishment Board and national and state security commissions.

SELECTIVE IMPLEMENTATION BY STATES

Even though some states have implemented select recommendations by nominating retired IAS and IPS officers to the Police Complaints Authority, the Police Establishment Board and Security Commission, the rules relating to the tenure of operational officers, especially the SHOs, have been breached. Most states have also not implemented the main recommendation of separating the investigation function from the law and order and protocol functions at the functional levels.

Dr Sanjeev Chopra

In fact, as pointed out by the Law Commission and the second Administrative Reforms Commission, state police officers often neglect this responsibility because they are understaffed and overburdened with various kinds of tasks. Moreover, crime investigation requires skills, training, time and resources besides adequate forensic capabilities and infrastructure. As such, there is frequent resort to the ‘third degree’, a legacy from the colonial past when ‘order’ took precedence over ‘law’.

This is affirmed by a magisterial study on the ham-handed methods of police investigation, The Truth Machines: Policing, Violence, and Scientific Interrogations in India by Jinee Lokaneeta, published in 2020. She points out that “torture in India is used in a range of cases, from terrorism and murder to theft, even though confessions and evidence acquired under torture are inadmissible in court and policy prevents police from legally recording confessions (a remnant of colonial practice that has often been a sore point for the Indian police). Yet Section 27 of the Indian Evidence Act allows material discovered as a result of a confession, along with the part of the confession that led to its discovery, to be admissible.”

FIRST, SECOND & THIRD DEGREES OF INVESTIGATION

This brings us to a discussion on the first and second degrees of investigation. A first-degree investigation is one in which evidence – both material and circumstantial – is collected by the investigating agency to prove conclusively that the accused is responsible for the alleged crime. The second degree is one where the accused is confronted with this evidence for purposes of corroboration. The third degree is confession obtained by the use or threat of physical force, and includes threat to a close family member. Even though India is a signatory to the United Nations Convention on Torture, our Parliament has yet to enact specific legislation on this. However, it must be acknowledged that of late, the National and State Human Rights Commissions have started taking suo motto cognisance of this.

TRAIN THE MIND, NOT JUST THE BODY

Now let us ask ourselves a question: Why have the pious resolutions by those at the helm not impacted ground reality? The answer lies in the composition of the Indian police force: As per PRS Legislative Research, 86 per cent of the force comprises constables, who are selected for their physical attributes, rather than their cerebral skills. In effect, the overwhelming majority of police personnel in the country continue to be recruited just after they have passed out of school and are trained in an almost military style with great emphasis on physical training, crossing hurdles and obstacles and taught to ‘obey orders’ unquestioningly by senior officers. However, the responsibilities entrusted to a constable are not just routine tasks but include some amount of judgement and decision-making.

Constables are often the first to witness or report to the scene of crime, but the Criminal Procedure Code (CrPC) does not authorise a constable to carry out an investigation by themselves – only a rank above the constable is entitled to be called a police officer. So, a head constable is an officer, but a constable is not. In other words, first- and second-degree investigation is not even an option available to the bulk of the police force, and the constable can therefore only resort to the third degree. It is high time that we amended the CrPC to empower the police constable, even as we take steps to recruit constables who are equipped to handle the challenges of contemporary times.

CHANGE TRAINING PEDAGOGY

As such, the need of the hour is to change the selection criterion and training pedagogy for constables. For the core policing functions, we should recruit graduates and give them two-year intensive training in law, forensics, crime detection, and sensitise them to issues relating to gender, juvenile justice and social legislation. The Model Police Bill, 2015 prepared by the NITI Aayog has also suggested that the police should make a clear distinction between its core and non-core functions and outsource/offload them to civic authorities. So far as the state armed police and India Reserve Battalions are concerned, these should henceforth be filled in by the Agniveers because they have received the training required to be the first line of protection and defence for the district administration.

The foundation of a SMART police can be laid only if we select and train our constables to understand law, forensics, and technology, and have an assured growth trajectory in their professional careers.

(This column is by Dr Sanjeev Chopra, Distinguished Fellow, USI, New Delhi, Fellow of the Royal Asiatic Society of GB & I, London, HRA, LMFSAI, Harvard University, Historian, Columnist, and Festival Director, Valley of Words: International Literature & Arts Festival, Dehradun www.valleyofwords.org)


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
GST Council
GST Reform 2025: New 5% & 18% Slabs Announced | Essentials Get Relief, Luxury Items Taxed at 40% | What’s Changing from Sept 22?
IPS Deepak Bhargav Rajasthan
Who Is IPS Deepak Bhargav? Rajasthan Gaurav Samman Awarded for Stellar Police Service
Uttarakhand ropeway
Uttarakhand Embarks on New Era of Ropeway Infrastructure: 50 Projects Proposed for Green Transport Revolution
Government of Tripura
Major Bureaucratic Shake-up in Tripura: 14 TCS and One IAS Officer Transferred Across Key Posts; Dwij Goel Appointed OSD to DM, West Tripura
Fake IAS
'Take My Visiting Card, I'm an IAS' - What Happened Next Shocked Lucknow Police
PM mitra Park
PM-Mitra Park in Dhar Attracts Rs 12,508 Cr Investment Proposals; Madhya Pradesh Positioned as Textile Hub
Bihar cabinet
Rajgir Stadium to Host International Cricket; Rs 574 Crore Sanctioned for Sports Complex in Punpun
RCIL RAILTel
RailTel Corporation Secures Rs 14.94 Crore Order from Ministry of Home Affairs for IP-Based CCTV Surveillance
ADVERTISEMENT
ADVERTISEMENT
Videos
IPS Shikha Goel
Decoding Digital Dangers: Insights from IPS Shikha Goel on Cyber Crimes
IPS Mukesh Kumar Bhamoo
Managing Elections, Communal Tensions, and Public Safety – Meet IPS Mukesh Kumar Bhamoo | Video Interview
WhatsApp Image 2025-08-25 at 13.56
Operation Hunt: IPS Dr. Karanraj Vaghela’s Mission to Nab Valsad’s Most Wanted
ADVERTISEMENT
UPSC Stories
IAS Minnu P M
“Lazy, Sleepy, Yet Determined”: Minnu P M’s Honest Take on Cracking UPSC
Minnu PM, once a clerk in Kerala Police, cleared UPSC with AIR 150 after five years of struggle. Her...
IPS Ashish Tiwari
From IIT and Investment Banking to Public Service, Meet IPS Ashish Tiwari 
Ashish Tiwari, IIT graduate and former investment banker, chose public service over global finance. As...
WhatsApp Image 2025-08-12 at 7.27
First Attempt IRS, Fourth Attempt IPS: The Relentless Pursuit of Jitendra Kumar Yadav Who Cracked UPSC 3 Times
IPS Yadav is originally from Chhattisgarh. He was first selected for the IRS through UPSC and later for...
Social Media
IAS Sakshi Sawhney Amritsar DC
Punjab Floods: IAS Sakshi Sawhney’s Emotional Appeal to Elderly Man Wins Hearts, Video of Humanity Goes Viral
Viral Video Captures Emotional Moment as Amritsar DC Shows Sensitivity and Courage Amid Relief Effor...
Masahiro Hara
From Go Board to Global Use, How QR Codes Changed the World: IRAS Officer Ananth Rupanagudi Spotlights Masahiro Hara’s Vision
IRAS officer Ananth Rupanagudi shared a video on Masahiro Hara, the inventor of QR codes, highlighting...
IFS Susanta Nanda Video
A Mother’s Duty: Tigress Watches Over Cubs Splashing in Waterhole — Heartwarming Video Shared By Retd. IFS Officer Susanta Nanda
A tender wildlife video shared by Retd. IFS officer Susanta Nanda shows a tigress keeping watch over...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
GST Council
GST Reform 2025: New 5% & 18% Slabs Announced | Essentials Get Relief, Luxury Items Taxed at 40% | What’s Changing from Sept 22?
IPS Deepak Bhargav Rajasthan
Who Is IPS Deepak Bhargav? Rajasthan Gaurav Samman Awarded for Stellar Police Service
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
IPS Shikha Goel
IPS Mukesh Kumar Bhamoo
WhatsApp Image 2025-08-25 at 13.56
ADVERTISEMENT
ADVERTISEMENT