CHAPTER XXVI 
SUMMARY OF OBSERVATIONS AND RECOMMENDATIONS

Police and the weaker sections of society
26.1 For determining the special role and responsibility of the police towards weaker sections of the society, it would not be possible to evolve precise parameters for identifying and labelling any particular section of the society as weak in absolute terms. It is the relative state of helplessness or defencelessness of a person or class of persons in securing the legal rights to which they are entitled under the law of the land in regard to their life, property and other matters that should determine his or their 'weakness' for this purpose. Those who arc subjected to social injustice and different forms of exploitation on account of poverty or ignorance besides age old traditions, customs, beliefs and the interplay of vested interests that have grown around them, would constitute the weaker section as viewed from this angle. We would, therefore, adopt this parameter for the police to identify the weaker section in any given context and determine police response to their situation in accordance with our observations and recommendations in this Chapter.
(Para 19.1)
26.2 State Governments may set up Special Courts under section 15A(2)(iii) of the Protection of Civil Rights Act to bring down the large pendency of cases in court.
(Para 19.6)
26.3 Government may consider further amending the Act to specify that no appeal or application for writ or an order passed by the State Government for imposing a collective fine under section 10A shall be entertained by any court until the fine amount is deposited with a specified authority. 
(Para 19.7)
26.4 In the recording and reporting of crime statistics regarding atrocities on Scheduled Castes, no uniform criteria appear to have been adopted in the States. The Ministry of Home Affairs may issue comprehensive guidelines for classifying crimes as 'atrocities' to ensure proper recording and analysis of all such offences over a period of time on a country wide basis.
(Para 19.9)
26.5 An undue emphasis on mere statistical reviews is likely to induce suppression of crime by nonregistration of cases. Complaints from individual members of Scheduled Castes regarding isolated instances of victimisation may get ignored by the
police unless they are backed by a collective demand from a group for appropriate police action under the law. State Governments also tend to rely on statistics of recorded crimes to claim improved performance in the maintenance of law and order. It is important for all concerned to see the danger of a false statistical picture deluding them into a belief that all is well while in fact atrocities might be continuing without any notice by the police. Police inaction would in turn encourage further atrocities and the situation would thus deteriorate in the field, contrary to statistical claims in Legislature debates.
(Para 19.10)
26.6 Special Cells may be set up in the police department in each State to :— 
(i) monitor the progress of investigation of cases under the PCR Act or other atrocities .against Scheduled Castes/Tribes registered in district police stations,
(ii) make inquiries or investigations into complaints from Schedule Castes/Tribes or other weaker sections of the people that may be received directly in the cell,
(iii) discuss with the prosecuting staff the progress of cases pending trial to ensure satisfactory marshalling and presentation of evidence in court,
(iv) collect statistical and other relevant data for reviewing the state of implementation of the PCR Act from time to time, and
(v) collect intelligence regarding the actual ground situation and identify areas which require special attention for protecting the Scheduled Castes/Tribes and other weaker sections of the people from exploitation and injustice
(Para 19.12)
26.7 Besides the above-mentioned cell which would function as a part of the police set up in the State, a composite cell may be constituted at the district level to look into a wide variety of complaints that might emanate from the Scheduled Castes/Tribes, not necessarily linked with criminal offences as such but relatable to lapses in administrative measures meant for their relief. Since the work of this cell will be mostly in the nature of making an inquiry after scrutiny of departmental documents and ascertaining the factual position in the field by examining affected persons, it would be desirable to staff this composite cell with senior and experienced officers from the Revenue, Police, Social Welfare, Education, Cooperation and Development departments within the district. It would be further helpful to this cell if an auditor or accounts officer from the local fund audit set up in the State or any other similar agency is also associated with the cell in the inquiry work. wherever necessary.
(Para 19.14)
26.8 The head of this composite cell at the district level should be an officer of the rank of Sub-Divisional Officer and its work may be overseen and periodically reviewed by a District Committee of which the District Collector could be the Chairman and the District Superintendent; of Police could be the Vice-Chairman, with the District Social Welfare Officer and District Educational Officer as its members along with some representatives from the public, known for their interest and involvement in social work.
(Para 19.14)
26.9 A suitably constituted State level Committee under the chairmanship of the Minister in charge of Social Welfare can periodically review the working of the composite cells in districts.
(Para 19.14)
26.10 The special cell envisaged as part of the police set up for handling inquiries and investigational work connected with the PCR Act and atrocities on Scheduled Castes/Tribes may be referred to as "Special Investigating Cell''. The composite cell at the district level which will have a wider charter of duties and responsibilities to look into a variety of complaints relating to the interests of Scheduled Castes/Tribes may be called the District Civil Rights Cell (DCRC). The States level Committee to oversee the working of DCRCs may be called the State Civil Rights Committee (SCRC). The SCRC and the DCRCs may be declared as committees set up under Section 15A(2)(iv) of the PCR Act and clothed with necessary authority and powers under the . relevant rules.
(Para 19.14)
26.11 An important cause for the dissatisfaction of the Scheduled Castes and other weaker sections of society about lack of police response to their plight in certain situations is that the police do not take cognizance of their complaints of ill-treatment at the hands of the upper castes, pleading the excuse that the complaints arc non-cognizable under the law. Such complaints usually relate to non-cognizable offences like hurt under section 323 I.P.C., assault under sections 352 or 355 I.P.C. and insult or criminal intimidation under sections 504 or 506 I.P.C. Police response to a non-cognizable complaint should be suitably specified in law to facilitate effective response on either of two grounds; namely, (i) to protect a member of the weaker section from exploitation or injustice or (ii) to prevent a possible breach of public peace that might result from absence of effective
action on the complaint of a non-cognizable offence which has the potential for generating public reaction with consequent repercussion on public order. Section 155 of the Code of Criminal Procedure may be amended on the lines indicated in the report to facilitate this response by police.
(Para 19.15 and para 19.17)
26.12 A sample survey has disclosed several deficiencies in the scheme of allotment of land to the landless poor who include a large number of Scheduled
Castes. The following remedial measures arc suggested :—
(i) There is clear need for a separate comprehensive legislation setting out the procedure for the allotment of land (house site as well as agricultural land) to landless poor, particularly Scheduled Castes and Scheduled Tribes. This legislation should also spell out an effective procedure for eviction of unauthorised occupants after the allotment has been duly made under the law. The State itself should assume responsibility to initiate eviction proceedings on the basis of information or intelligence that may be available to it, instead of leaving it to the aggrieved allottee to make a complaint as such.
(ii) Section 441 IPC relating to criminal trespass
may be amended on the lines adopted in Uttar Pradesh.
(iii) Police officers from the local police station should also be associated with the act of formally handing over vacant possession of
land to the landless as and when it is done by the Revenue or other authorities directly concerned with it. A brief record should be made in the police station records also about the fact of such handing over and the identity of the parties concerned.
(iv) It should then be deemed a part of police duties to collect intelligence about violations of such allotment orders and make a report thereof to the Revenue authorities concerned for immediate corrective action under the law. Police should also simultaneously take action for investigating the connected offence of criminal trespass. While police responsibility will be confined to the investigation and prosecution of the offender, his actual eviction from the land will be done by the Revenue or other authorities concerned under the provisions of the existing law or the separate law as proposed earlier.
(v) While framing a separate legislation to govern the allotment of land to the landless poor, State Governments might keep in view some of the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which appear to be very effective forpurposes of eviction of unauthorised occupants.
(Para 19.22)
26.13 Police headquarters in each State should periodically compile and circulate among the field officers a detailed note indicating the scope and responsibility of the police for the investigation of specified offences under several Central and State Acts meant for the economic and social uplift of the weaker sections of the society like the Bonded Labour System (Abolition) Act of 1976, Minimum Wages Act of 1948, Assam Moneylenders Act of 1934, Rajasthan Scheduled Debtors (Liquidation of Indebtedness) Act of 1976, etc.
(Para 19.23)
26.14 One of the situations resulting in considerable distress and hardship to the weaker sections of the community relates to motor vehicle accidents resulting in death or serious injury to persons on the road. A system has been institutionalised in Tamil Nadu in which the police are required to furnish relevant information and data in a prescribed form to the Motor Vehicle Accident Claims Tribunal as soon as investigation is taken up in any accident case. Copies of these statements are also simultaneously furnished to the district committee of the State Legal Aid and Advice Board which immediately gets into action for initiating the prescribed processes for getting the compensation amount to [he victim. The Tamil Nadu State Legal Aid and Advice Board has reported that the total amount of compensation awarded during the period from 1st January, 1979 to 31st October, 1979 in respect of motor accident cases has totalled to Rs. 2,76,250 which is a vast improvement over the position as it obtained before the scheme came into operation. This scheme is commended for adoption in all States and .Union Territories.
(Para 19.25)
26.15 There is also another scheme in Tamil Nadu for immediate payment of cash relief to the victim or his family in motor vehicle accident cases on the assessment and recommendations of the investigating police officer. This payment is sanctioned through a simple procedure at the district level itself and, therefore, the cash relief is promptly secured for the victim, on the initiative of the police. This monetary relief may go upto Rs. 1,000 depending on the circumstances of the case, and is without prejudice to any further payment that may be ordered later as compensation by the Motor Vehicle Accident Claims Tribunal. This scheme is also commended for adoption in all States and Union territories.
(Para 19.26)
26.16 Motor Vehicle Accident Claims Tribunals may be conferred with the powers of a criminal court for enforcing attendance of witnesses.(Para 19.27) 
26.17 Section 110 E of the Motor Vehicles Act may be amended to provide for the execution of the compensation award as a decree of the court so that the amount can be recovered through court earlier than by the present procedure of recovery of arrears of land revenue.
(Para 19.28)
26.18 In the Second Report of the Commission the setting up of a State Security Commission has been recommended to oversee the working of the police in certain aspects. The overall quality of police response to complaints from weaker sections in different situations would be assessed and taken note of by the State Security Commission in the normal course. It might facilitate a better appreciation of police performance in this regard if it could be so arranged that one of the non-official members of the State Security Commission is from the Scheduled Castes/ Scheduled Tribes.
(Para 19.29)
26.19 Beyond observing that the composition of the staff in the police system as a whole should reflect the general mix of communities as exist in society and thereby command the confidence of the different sections of society that the system would function impartially without any slant in favour of any community as such, we would not advise the fixation of any rigid percentages for staffing the police system on the basis of caste or community.
(Para 19.30)
26.20 Police personnel at different stages of training may be motivated and oriented to deal with the problems of weaker sections with due understanding and sympathy.
(Para 19.31)
Village police
26.21 Though the village chowkidar has become practically useless as far as regular police work is concerned, a total abolition of this system without an alternate scheme, equally simple and inexpensive, for aiding police work in the villages would create difficulties for the regular police who now have in the village chowkidar at least one contact point, however, inefficient it may be, to attempt collection of information in any specific situation. Since collection of information is a fundamental requisite of all field work in the police, the police will be greatly handicapped if (hey do not have at the village level at least one functionary who will have his ears to the ground and be in a position to help them with useful information whenever needed.
(Para 20.4)
26.22 The village chowkidari system should not, therefore, be given up altogether but should be made to function effiectively by eliminating the existing deficiencies and, what is more important, linking it effectively with the functioning of a group also at the village level. .While the services of an individual functionary like the chowkidar would be required on a continuing basis to keep a general vigil in the village from the police angle, the services of a group as such may be required only at intervals in specified situations. For example, arranging crime prevention and relief work in a cyclone or flood affected area, organising preventive measures against movements of dacoit gangs that might be suspected at any particular time, arranging preventive patrols against sabotage of communication lines or other vital installations that might lie in the rural area when there is a threat of such sabotage, etc., are tasks for the performance of which a village level defence group would be more effective than a lone village chowkidar.
(Para 20.16)
26.23 The existing chowkidari system may be retained and strengthened with the following provisions built into the system :—
(i) Minimum age limit of 20 years for appointment and maximum age limit of 60 years for remaining in service may be adopted.
(ii) Ability to read and write the regional language should be insisted upon.
(iii) He should be a resident of the village. Preference should be given to a person having some avocation in the village which would give him the means of reasonable livelihood without total dependence on the
remuneration he might get from Government.
(iv) He may be assigned some village common land for cultivation and enjoyment of its produce, subject to his continued functioning as chowkidar satisfactorily.
(v) He should be under the administrative control of the Police Department and should
be paid through them on a regular monthly basis.
(vi) His pay should be fixed at a reasonable level which would appear attractive by the standards of village economy.
(vii) He should not be involved in the performance of tasks concerning other Government departments. If the other departments require the services of a similar village level functionary for their purposes, they should
be separately appointed and administered by them.
(viii) His duties will include—
(a) general maintenance of vigil in the village from the point of view of crime prevention; and
(b) being alert and sensitive to any intelligence regarding village affairs which are likely to lead to a law and order situation and pass on such intelligence promptly to the regular police.
(ix) He should also have powers to arrest and detain persons who may be either caught red handed while committing certain specified offences in the village or may be found in possession of property in circumstances which create the suspicion of the commission of any of the specified offences. The chowkidar will hand over to the regular police without delay any person so arrested along with the property seized from him, if any.
(Para 20.19)
26.24 Besides the village chowkidar there should be village defence parties organised in such a manner that they can be got together whenever an occasion needs their services for collective action to deal with any specific situation in the village. They may be organised for one village or a group of villages as may be found operationally convenient. One of the members of the village defence party should be designated as the dalapati who will function as their leader. The village chowkidar shall, ex officio, be a member of the village defence party. The organisation and set up of the village defence party and the dalapati including the procedure for their appointment and administrative control and their duties and responsibilities may be broadly on the lines of the Karnataka
pattern as detailed in paragraphs 20.6 to 20.11 of the report,
(Para 20.21)
26.25 While the administrative control over the village defence parties and dalapatis will remain with the police, it would be desirable to associate a functionary at the Panchayat Union or Block level
in the Panchayat administration in exercising supervision over the work of dalapatis.
(Para 20.24)
26.26 It would greatly facilitate prompt exchange of information relevant to their tasks if a residential telephone is provided for the dalapati in each village defence party wherever technically feasible. In fact this telephone can function in the manner of a Public Call Office which would also facilitate its use by the other members of the village community in an emergency. Such facility would greatly enhance the status of the dalapati and his utility to the village community. Government may consider the grant of an advance to help purchase of cycles by the members of the village defence parties including the chowkidar. The grant of a small allowance to the chowkidar for the maintenance of his cycle may also be considered.
(Para 20.26 and Para 20.27)
26.27 The scheme of village policing as detailed in this report envisages a comprehensive set up including the village chowkidar, village defence parties and the dalapati with appropriate administrative and supervisory control measures to secure the ultimate objective of the system, namely, effective involvement of the village community in self-defence, besides co-operating with the regular police in the performance of police tasks. Village chowkidars are at present functioning in some States under a separate Act enacted a long time ago. Village defence parties have been set up in a few States under' some recent legislation. We recommend the legislation of a separate comprehensive Act by the State Governments to set up the village police system including both as proposed.
(Para 20.28)
Special law for dealing with serious and widespread breaches of public peace or disturbance of public order
26.28 It is clear from a close assessment of the present crime trends that the administration has to be fully geared to handle situations in which violent crimes are most likely to increase, intensity of physical harm and damage done to persons and property will be more, and there will be widespread disturbances to public order. The present style .of police functioning in the event of communal outbursts or other serious breaches of public peace has been more in the nature of a fire fighting operation focussed on the immediate objective of restoring order on the spot. Police operations have not been successful in effective follow-up action through the processes of investigations and court trials to bring home to the law-breakers the penal consequences of their action. Investigations get seriously hampered by the reluctance of witnesses to speak in evidence against the accused persons who, even if arrested by the police, get easily enlarged on bail under the existing law and wield threatening influence on the witnesses. Further, the evidence normally available in such situations does not always establish a direct nexus between the offences and the real instigators to the extent required under the existing law and procedure to attract penal notice. Criminal liability of individuals when they participate in group violence is difficult to establish under the existing law which is essentially designed to deal with acts based on individual knowledge and intention. The consequent ineffectiveness of the existing processes of law is an important cause for the continued prevalence of criminal attitudes and behaviour of the law breakers. The legislative armoury should be specially designed and strengthened to facilitate effective police action in such situations.
(Para 21.18)
26.29 In the context of the law and order situation of the country as it has developed now, we would need some special provisions in law, which would lie between the provisions in normal law applicable to ordinary crime situation on one side and the stringent provisions of an Emergency on the other. These special provisions should be made available in a comprehensive Central legislation which could be invoked and applied to any specified area as and when necessary. An area may be deemed to be a disturbed area and proclaimed as such for this purpose by a State Government if it is satisfied that there is extensive
disturbance of the public peace and tranquillity in that area by reason of—
(i) differences, or disputes between members of different' religious, racial, language or regional groups or castes or communities, or
(ii) occurrence of acts of sabotage or other crimes involving force or violence, or
(iii) a reasonable apprehension of the likelihood of occurrence of sabotage or other crimes as aforesaid.
(Para 21.19)
26.30 Section 151 Cr.P.C. may be amended to enable the police get the arrested person remanded to custody for a period not exceeding 15 days in any case, as a preventive measure.
(Para 21.22)
26.31 A special law to deal with widespread disorder and breaches of public peace should provide for—
(i) notification of any specific area disturbed by widespread disorder and breach of peace as a 'proclaimed area' to which certain provisions of the Act will apply;
(ii) suitable definitions of 'riotous mob', 'instigator', 'public property' and 'sabotage' to identify crimes connected with them;
(iii) control over movements of persons in the proclaimed area;
(iv) tighter control over possession and use of arms and explosives;
(v) externment of bad characters from a specified area;
(vi) preventive detention for a period not exceeding three months;
(vii) attachment of criminal liability to instigators for unlawful acts committed by riotous mobs on their instigation;
(viii) Special Courts to deal with offences under the Act as also other specified offences;
(ix) presumption regarding culpable mental state unless rebutted by the accused;
(x) presumption regarding some aspects of evidence arising from documents;
(xi) tightening the provisions regarding 'bail' and
(xii) fixing time limits for the completion of investigations and commencement of proceedings in court.
A draft for the proposed special law which may be called "The Disturbed Areas Criminal Law Amendment) Act" is furnished in Appendix IX of the report.
(Para 21.35}
Corruption in police
26.32 Several administrative and legal measures for plugging the loopholes and securing better supervision over police performance for, the avoidance of corruption and allied malpractices have. been recommended to the States following the Conference of Inspectors General of Police and the Heads of State Anti-Corruption Bureaux. Most of these malpractices can be substantially reduced by a system of surprise checks and inspections and effective supervision by honest and well motivated officers at different levels of command within the hierarchy itself. However, the reward and punishment mechanism of the system has become totally ineffective because of increasing political interference and, therefore, the senior officers, however, determined and committed they might be to the cause of anti-corruption work, find themselves unable to deal with some corrupt officers who have political contacts and are able to draw political intervention on their behalf whenever anything is attempted to be done to discipline them. The patent inability of a superior officer to deal with a known corrupt subordinate immediately lowers his prestige in the department and induces other subordinates also to seek and develop political contacts as a protective cover to escape punishment for their malpractices. We earnestly believe and trust that the implementation of the measures suggested in chapter XV of our Second Report to insulate the police system from political interference would go a large way in promoting an appropriate climate for effectively dealing with the problem of corruption in police.
(Para 22.7)
26.33 The basic responsibility for maintaining the honesty of the force and weeding out the corrupt elements should rest on the supervisory levels in the force and they should be enabled to discharge this responsibility effectively. In this context, their capacity to punish the dishonest personnel should not be diluted in any manner, and likewise their capacity to place honest officers in important and sensitive posts should not also be interfered with.
(Para 22.8)
26.34 To secure honesty and integrity for the system as a whole it is important that the postings of officers in charge of police stations should be the exclusive responsibility of the district Superintendent of Police and likewise the Chief of Police should have the exclusive responsibility for selecting and posting Superintendents of Police in charge of districts.
(Para 22.9)
26.35 The provisions in the service rules for compulsory retirement after completion of 20 years of service should be resorted to without hesitation to weed out officers with corrupt reputation. Evidence regarding this reputation should be assessed by a suitably constituted high level committee in the police headquarters whose satisfaction on the adequacy of material for this purpose should be held final and acted upon. A senior representative from the State Judiciary or the Law Department of the State may be associated with this high level committee to ensure
an objective assessment of the available material. This committee should function as a Standing Committee and go through this exercise every year without fail. In the case of compulsory retirement ordered on an assessment report from this Committee an appeal may lie to the Government except in cases where the compulsory retirement has been ordered by the Government itself when the appeal shall lie to the State Security Commission envisaged in our Second Report. There shall be only one appeal and the matter shall be deemed closed after the disposal of that appeal. It would be desirable to lay down a time limit of three months for the disposal of such appeals, (Para 22.10)
26.36 In extreme cases where the stipulated minimum number of years of service may not have been crossed, action for weeding out corrupt officers should be taken by availing the provisions of Article 311(2)(c) of the Constitution,. To avoid any doubt regarding the legal propriety of such action under this Article, we would recommend that sub-clause (c) of the proviso to this Article may be amended to read as under :—
"(c) Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State or the maintenance of integrity in public services in the State it is not expedient to hold such an inquiry."
(Para 22.11)
26.37 There should be constant interaction and exchange of intelligence between the Chief of Police and the Head of the State Anti-Corruption Bureau to identify officers of doubtful integrity and plan conjoint action for collection of intelligence to expose their corruption. For this purpose the Chief of Police should freely use his powers under the Conduct Rules to demand from a suspect officer a complete statement of his assets, movable and immovable either owned in his name or in the name of any member of his family, either acquired from his own resources or from the resources of his family members.
(Para 22.12)
26.38 The Conduct Rules applicable to the State police personnel in different ranks may be suitably amended to incorporate a provision on the lines of Rules 16(5) of the All India Services (Conduct) Rules, where it does not exist.
(Para 22.12)
26.39 It is most important that the highest standards of rectitude and straightforward dealings are maintained at the stage of recruitment and training. Personnel for manning these branches in the police should be specially selected with reference to their record of honesty, integrity and commitment to genuine police work, and enabled and encouraged to function without interference.
(Para 22.13)

26.40 Procedures for recruitment to any level in the police (other than the Indian Police Service, regarding which our recommendations will be made separately) should be evolved within the police system itself without involving non-officials or functionaries outside the police department.
(Para 22.13)
26.41 While assessing the qualities of supervisory officers at various levels, the positive action taken by the officer to detect the corrupt elements under his charge and deal with them effectively should be specifically commented upon. A new column with an appropriate heading should be included for this purpose in the Annual Confidential Report.
(Para 22.14)
26.42 The present arrangement of recording the integrity certificate in the Annual Confidential Report may be revised to give the reporting officer three options; one will be to record a positive certificate of integrity if he is convinced that the reported officer enjoys a good reputation and has performed his work with honesty and rectitude, the second will be to say that he has no material to express a precise opinion on the reported officer's integrity at that stage, and the third will be to say specifically that the reported officer lacks integrity, if the reporting officer becomes aware of any material to suspect the former's integrity.
(Para 22.15)
26.43 If annual entries regarding an officer's integrity are recorded in the manner suggested above, there will be no need to obtain a special certificate of integrity at the time of an officer's promotion if he has a consistently good record with positive entries of integrity to this credit. But in cases where the entries do not disclose a precise assessment of integrity, a special certificate of integrity should be called for from the officer who is designated as reviewing officer for the purpose of his annual confidential report, and in the case of officers of the rank of Inspector of Police and above an additional certificate of integrity should be obtained from the Head of the State Anti-Corruption Bureau.
(Para 22.16)
26.44 In line with the procedure we have earlier recommended for the appointment of the Chief of Police in a State we suggest that the posting of the Head of the State Anti-Corruption Bureau should be from a panel of I.P.S. officers of that State cadre prepared by a committee of which the Central Vigilance Commissioner will be the Chairman and the Secretary in the Department of Personnel and Administrative Reforms at the Centre, the Head of the Central Bureau of Investigation, the State Vigilance Commissioner (or in his absence the Chief Secretary of the State) and the existing Head of the State Anti-Corruption Bureau will be members. Posting of the other staff for the Bureau should be left to the Head of the Bureau.
(Para 22.17)
26.45 The tempo of anti-corruption work within the department will largely depend on the initiative and seriousness of purpose shown by the senior officers. If their conduct in day-to-day administration and the manner in which they treat and move with known corrupting elements in society do not inspire confidence among the subordinates from the angle of integrity, it will be very difficult to sustain effective anti-corruption work in their charge. Senior officers whose time is mostly taken up in the management of their own private business in the shape of farms or other property to the prejudice of their regular official duties can hardly inspire and enthuse the subordinate officers to remain straight and honest in all their dealings. We would, therefore, like to underline the special responsibility of the senior cadres in police to function effectively as champions of integrity and cleanliness in all that they do.
(Para 22.18)
26.46 Several policemen are under an erroneous impression that an arrest is mandatory under the law while investigating a cognizable case. A sample study has disclosed that a major portion of arrests made by the police is really not justified from the point of view of crime prevention. There is a clear case for reducing the number of arrests in police work. This will also reduce the scope for allied corruption.
(Para 22.23 & Para 22.25)
26.47 Sections 2(c) and 2(1) Cr.P.C. should be amended to remove the emphasis on arrest in the definition of cognizable and non-cognizable offences.
(Para 22.25)
26.48 Section 170 Cr.P.C. may be amended to remove the impression that it is mandatory to make an arrest in non-bailable cases. In the amended form as recommended in the report, the section would also provide for taking security from an accused for appearance before the investigating officer or the court, without a formal arrest as such.
(Para 22.26)
26.49 Guidelines may be laid down for making arrests as indicated in the report. Departmental instructions may insist that a police officer making an arrest should also record in the case diary the reasons for making the arrest, thereby, clarifying his conformity to the specified guidelines.
(Para 22.28)
26.50 We endorse the recommendations in the 78th Report of the Law Commission regarding release on bail.
(Para 22.29)
26.51 'While on one hand the suggested amendments in law would secure release on bail for a larger number of persons than at present, we are anxious that it should not on the other hand enable hardened criminals to escape restraint on their movements which may be very necessary in the context of certain situations. We arc aware of many instances in several States in which hardened professional criminals after getting released on bail in a case under investigation or trial had committed further offences while on bail, and again got released on bail after the second arrest! To provide for such cases we recommend that the following proviso be added under sub-section (3) of section 437 Cr. P.C—
"Provided that before ordering the release on bail of such person, the Court shall have due regard to—
(a) the likely effect on public order and public peace by the release of such person, and
(b) his conduct after release on bail on a previous occasion, if any,
as may be brought to the notice of the Court by the police officer investigating the case in connection with which the aforesaid person was taken into custody."
(Para 22.30)
26.52 Guidelines may be issued for the use of handcuffs on arrested persons, on the lines indicated in the report.
(Para 22.31)
26.53 Police stations may be provided with adequate imprest amount to meet a variety of contingent expenditure in day to day work. It is very important to remove this deficiency in police stations since it compels even honest officers to wink at certain malpractices by their subordinate officers which in turn breed downright corruption for personal gain.
(Para 22.32) Economic offences
26.54 Tax evasion, manipulation of stocks and share, frauds in licences and permits, profiteering, blackmarketing, hoarding, adulteration of drugs, food stuff, and other essential commodities are examples of economic offences. By their very nature these crimes have no overt aggressive physical aspect as the traditional crimes like murder, dacoity or theft have, but are committed in a highly organised manner involving a lot of background activities and sophisticated methods under a facade of law abiding life to escape detection. These crimes involve high economic stakes and the offenders gain at the enormous expense of the government and the community as a whole.
(Para 23.1)
26.55 Failure in dealing with economic crimes generates cynicism among the ordinary people who tend to exclaim that the rich and influential can get away with non-payment of taxes, dishonest trade practices etc., which help them make more and more money, while the processes of criminal law arc severe with the ordinary people who happen to commit ordinary crimes in situations of economic distress. To
restore the confidence of the ordinary man in the efficacy of the rule of law it is most important to ensure that these economic offences are effectively handled by the police and accused persons concerned are demonstrably brought to book.
(Para 23.3)
26.56 A separate economic offences wing may be set up in the State police on the pattern adopted in Assam where they have a Bureau of Investigation (Economic Offences.) headed by an officer of the rank of Additional Inspector General of Police and staffed by officers drawn from the Police, Sales-Tax, Transport, Forest, Excise, Agriculture, Supply and Audit departments. It is the composite nature of the inquiry staff in this organisation that increases its effectiveness in the investigation of economic offences requiring a deep probe into several matters affecting more than one department.
(Para 23.8)
26.57 Financial considerations should not deter (he State Governments in setting up these wings since it has been amply demonstrated in the case of CBI and a few States that the cost of the additional staff is more than off set by the gain to the State exchequer by way of recovery of concealed income, besides heavy fines realised through courts.
(Para 23.8)
26.58 It would be advantageous from the point of view of building up expertise and optimising the utilisation of the investigating staff if the Economic Offences Wing functions under the overall charge of the Special Inspector General of Police or Additional Inspector General of Police who is anchorage of the State CID.
(Para 23.9)
26.59 A small training course may be developed in the Police training institution in each State which can be conveniently attended by the investigating staff of the State Economic Offences Wing. Lectures on appropriate subjects can be arranged at this course from senior officers of the different departments in the State dealing with the various subjects like sales-tax, entertainment tax, agricultural loans, subsidies, etc.
(Para 23.11)
26.60 A concerted drive in all the States to expose the embezzlement in Co-operative Societies, recover large amounts of embezzled money from the accused concerned and get the powerful and influential accused duly convicted in court, would put down this crime considerably and enable the financial benefit of cooperative movement to reach the sections for whom it is really intended.
(Para 23.12)
26.61 In their Forty-seventh report (1972) the law Commission had recommended that the minimum fine for an economic offence should not be less than the amount of the ill-gotten gains of the offender arising
from the offence committed by him. We, however notice that no amendment has been made in individual economic enactments like the Essential Commodities Act or Drugs and Cosmetics Act or the Prevention of Food Adulteration Act etc., to give effect to this recommendation. This omission may be made good now with appropriate amendments in the different laws concerned.
(Para 23.13)
26.62 The scope of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFBMFOPA) may be enlarged to cover economic offenders also by—
(i) appropriately amending the heading and preamble of the Act, to include economic offenders ;
(ii) including a person convicted under certain specified economic offences like Essential Commodities Act, Prevention of Food Adulteration Act, and Drugs and Cosmetics Act in the category described in section 2(a) of the Act;
(iii) including under section 2(b) of the Act any person in respect of whom an order of detention has been made under the provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Ordinance, 1979 or any similar law for the preventive detention of hoarders and blackmarketeers ; and 
(iv) including in the definition of "illegally acquired property" in section 3(1) ( of the Act any property in the possession of the person which is disproportionate to his known sources of income and for which he cannot satisfactorily account. '
(Para 23.14)
26.63 The State Security Commission envisaged in our Second Report should specially oversee the working of the Economic Offences Wing, assess the results achieved every year and make an annual report in this regard to be laid before the State Legislature.
(Para 23.15) Modernisation of law enforcement 
26.64 From 1969-70 to 1977-78 all the State Governments put together had spent only Rs. 21.76 crore as compared to the Central Government aid amounting to Rs. 43.841 crore in the same period for modernising their police- forces. There is need for a greater involvement of the resources of the State Governments in this matter. 
(Para 24.4)
26.65 Priority may be given for acquisition of scientific equipment in preference to construction of buildings from the Central grant given to States.
(Para 24.5)
26.66 A Central team may be constituted with representatives from the Ministry of Home Affairs, Bureau of Police Research & Development and Institute of Criminology & Forensic Science to visit the
States once in two years and assess the actual ground position in regard to modernisation of the State police. The quantum of Central assistance to the States may be decided with due regard to the assessment reports of this team.
(Para 24.6)
26.67 The Central assistance scheme which operated upto 1978-79 should be continued for another ten years with substantial increase in allotment.
(Para 24.7)
26.68 In the interests of national security as well as police efficiency, the police wireless network should develop its own independent multi-channels for communication through UHF and micro-wave and they may be immediately allotted the necessary frequencies in this range for providing links between with State headquarters and any point in the districts.
(Para 24.14)
26.69 Teleprinter links should be made to cover all the districts and cryptographic machine should be introduced for transmission of classified information.
(Para 24.17)
26.70 Portable pocket sets should be provided to police officers on patrol duty.
(Para 24.18)
26.71 The Bharat Electronics Limited which is now the sole supplier of wireless equipment for the police has not been able to meet their requirements fully from 1974 because of priority accorded to the needs of the Ministry of Defence. Ministry of Home Affairs may quickly examine the following three alternatives and arrange for a satisfactory source of supply of equipment for the police—
(a) a separate captive factory ; or
(b) dedicating an adequate part of the available capacity of BEL, preferably a complete self-contained unit of the organisation, to police needs ; or
(c) farming out standard designs to selected Electronics Corporations set up by various State Governments, or selected industrial units in the private sector having collaboration with leading manufacturers abroad.
(Para 24.19)
26.72 Control rooms with attendant patrol vans should be introduced in all cities with a population exceeding one lakh.
(Para 24.20)
26.73 Proposals for the expansion of the Central Police Radio Training Institute and the enlargement of the Directorate of Coordination (Police Wireless) to include a Forward Planning Branch which arc now pending consideration of the Ministry of Home Affairs may be quickly decided to implement the expansion plant,
(Para 24.22)
26.74 A fully equipped Radio Workshop may be set up in the headquarters of each State and supplemented by regional workshops wherever called for.
(Para 24.23)
26.75 Investigating Officer's Kit Boxes which are lying in disuse in police stations should be brought up to date in their contents by localised arrangements and put to effective use.
(Para 24.24)
26.76 Scene of Crime Vehicles may be developed and made available in all district headquarters and other important towns.
(Para 24.25)
26.77 Two more Central Forensic Science Laboratories may be established, one in the western region and another in the north-eastern region.
(Para 24.26)
26.78 Some allied Units like the Chemical Examiner's Laboratory, Slate Handwriting Bureau, Fire Arms Examination Section, etc., which are functioning separately in certain States should all be brought under the fold of the State Forensic Science Laboratory.
(Para 24.27)
26.79 Regional laboratories may be established to handle certain types of tests which frequently arise in the normal crime work of the State. These regional units may have staff and equipment to deal with chemicals (including alcohol), toxicology, documents and photography.
(Para 24.28)
26.80 The ultimate results achieved by the research studies under the Research Fellowship Scheme of the Ministry of Home Affairs should be properly followed up and documented in the Institute of Criminology and Forensic Science.
(Para 24.30)
26.81 The annual grant given to the Indian Academy of Forensic Sciences by the Ministry of Home Affairs may be increased substantially to meet its financial needs and enable its journal to be issued quarterly instead of half yearly. 
(Para 24.31)
26.82 Single Digit Finger Print Bureaux should be developed in all district headquarters. The Single Digit Bureaux and the State level Finger Print Bureau should all function under the fold of the State Forensic Science Laboratory set up which in turn should be under the administrative control of the Inspector General of Police.
(Para 24.32)
26.83 A 'Central Forensic Science Service' may be set up with a cadre structure suitably designed to provide the personnel for the science wing in the staff of the Bureau of Police Research and Development, Institute of Criminology and Forensic Science, National Police Academy, Central Detective Training Schools, Units of the Government Examiner of Questioned Documents, Central Finger Print Bureau and all Central Forensic Science Laboratories. Modalities for constituting this service and determining its structure and spelling out different methods of recruitment and other service conditions may be gone into by a special committee which may be set up by the Ministry of Home Affairs.
(Para 24.34)
26.84 The existing scheme of Central financial aid to the States for a phased programme of installing computers for police use may be continued to cover all the States very early and meet the requirements of the State Crime Record Bureau and National Crime Record Bureau as recommended in our Second Report.
(Para 24.35)
26.85 The provision of transport for the police at the different levels from the police station upwards may be on the following lines :—
(i) A jeep should be supplied to each police station. Where the officer in charge of a police station is an Inspector of Police, the Sub Inspector in charge of traffic and law and order work may additionally be provided with motor-cycle.
(ii) Jeeps should be supplied to Inspectors in charge of circle.
(iii) Sub-Divisional police officers should be provided with a pick-up van.
(iv) Superintendents of Police and higher officers should be provided with cars or jeeps, whichever would be more suitable for the type of their field duties and responsibility. A jeep would be more useful to an officer mostly engaged in law and order work.
(v) Armed police units in the district should be supplied with vehicles at the rate of one for 25 men.
(vi) Vehicular needs of specialised agencies like Forensic Science Laboratory, Finger Print Bureau, etc. should be determined separately on the merits of each case.
(Para 24.36)
26.86 Police personnel should be encouraged with grants or loans on easy terms for equipping themselves with some kind of transport and also 'paid a suitable monthly allowance for their maintenance.
(Para 24.37)
26.87 A survey of the ground position of vehicles in the different States shows that about 10 to 15% of vehicles in most States are lying off the road undergoing repairs. It takes about three months on an average for the repairs of a vehicle to be attended to. 7% of the vehicles are lying condemned and no replacement has been made. 15% of the vehicles are awaiting condemnation. This is a very sorry state of affairs and needs rectification. We recommend the setting up of separate police motor workshops at least at the range level for expeditious handling of all repair work for police vehicles in each range.
(Para 24.38)
Scriptory work in police
26.88. The Station General Diary which was introduced by the Police Act of 1861 has now come to be regarded as a kind of general purpose register in the police station to record a large variety of information and notes to provide corroboration for the police version of any matter. Enormous scriptory work developed on this account may be avoided by revising the instructions in the Police Manual and limiting the entries in the Station General Diary to the purpose . spelt out in the Police Act.
(Para 25.3}
26.89 Several other provisions in the Police Manuals which prescribe a number of other registers and returns relating to the day to day work in police stations may be scrutinised and suitably revised to limit scriptory work to what is really relevant and important in the present context of police work and realities in the field.
(Para 25.4)
26.90 A Standing Committee may be formed in every State Police Headquarters which should include, among others, a couple of officers from the police station level and Circle Inspector level, for examining if the periodicity of some of the returns could be altered or some of the returns could be lumped together or even discontinued. The Committee could also devise suitable proformae to standardise the collection of data and reduce the load of repetitive scriptory work.
(Para 25.6)
26.91 We would like to draw attention to the existing instructions in the Central Government that no action is to be taken on anonymous or pseudonymous complaints. We commend the adoption of this policy in all States in regard to anonymous and pseudonymous complaints.
(Para 25.7)
26.92 A small statistical cell may be constituted at the State police headquarters to compile information from the material already available in police headquarters whenever required for answering Parliament or State Legislature questions, without making unnecessary references to the subordinate units in the field.
(Para 25.8)
26.93 Repeated inspections of police stations by several officers in the hierarchy generate a lot of S/21 HA/79-9
scriptory work. ft would be adequate if a detailed inspection of the police station is periodically conducted by officers at the sub-divisional level. The administrative cadres at the- higher levels may confine themselves to an overall assessment of the quality of police performance at the circle level and above. Their visits to police stations should be more to acquaint themselves with the actual field conditions and difficulties of the operating staff rather than to do a fault finding exercise in the name of inspection.
(Para 25.10)
26.94 Adequate staff should be sanctioned for the police to handle the scriptory work arising from having to furnish copies of prosecution documents to the accused under Section 173(7) Cr.P.C.
(Para 25.11)
26.95 The supervisory ranks in the police hierarchy, particularly at the level of Inspectors and sub-divisional officers who do not have a full-fledged office to give them ministerial assistance, should be provided with adequate stenographic assistance for expeditious handling of their scriptory work.
(Para 25.12)
26.96 Provision of mechanical aids like typewriters and taperecordcrs at the police station level would be very helpful in reducing the load of scriptory work presently borne by the investigating staff. They may also be encouraged to buy such aids wherever possible by giving them loans or grants for the initial purchase and paying them a monthly allowance for their maintenance. A system of payment of typewriting allowance to the investigating staff is in vogue in the Central Bureau of Investigation in the recent years and we commend it to the State police agencies as well.
(Para 25.13)
26.97 Adequate supply of the standardised forms and registers for police use should be ensured by developing a separate press for the police department, if the Government press is found unable to cope with the requirements.
(Para 25.14)
Sd/. (DHARMA VIRA)
Chairman. Sd/-
(N. KRISHNASWAMY REDDY) Member.
Sd/(K. F. RUSTAMJI) Member.
Sd/. (N. S. SAKSENA) Member.
Sd/. (M. S. GORE)
Member. Sd/(C. V. NARASIMHAN) Member Secretary.
NEW DELHI, 31st January, 1980.