Comprehensive Notes on Community Policing, Criminal Justice System, and Indian Constitution

Community Policing

  • Emerged in the 1970s/1980s, rooted in ancient India.
  • Collaboration between police and community to solve problems.
  • Community members are active allies, not just the police.
  • Requires changes within police organizations.
  • Neighborhood patrol officers mobilize community resources.
  • Constructive partnerships need energy, creativity, understanding, and patience.

Community Policing Initiatives in India

  • West Bengal: Village Resistance Group.
  • Karnataka: Karnataka Village Defense Parties Act of 1964.
  • Tamil Nadu: Janamaithri Suraksha Padhathi, Friends of Police Movement (FOP).
  • Madhya Pradesh: Parivar Paramarsh Kendra.
  • Uttarakhand: Community Liaison Groups.
  • Tamil Nadu: Trichy community policing.
  • Chhattisgarh: Gram/Nagar Raksha Samiti.
  • Mumbai: Mohalla Committee Movement trust (post 1992-93 riots).
    • Addressed health, education, environment, and communal harmony.

Need For Community Policing In India

  • Law and order is a state subject but retains colonial Indian Police Act, 1861 characteristics.
  • Police function in a casual and repressive manner.
  • Feedback mechanisms improve understanding of crimes.
  • Aims for effective crime control, reduced fear, improved quality of life and police legitimacy.
  • Requires police accountability, public share in decision making, and concern for civil rights.
  • John Angell (1971) termed it “democratic policing”.
  • Police and citizens collaborate to address community problems.

Elements of Community Policing

  • Community partnerships.
  • Problem solving.
  • Organizational transformation.

Salient Features of Community Policing:

  • Opportunity for people to decide police services in the community.
  • Participatory process of development.
  • Wider mandate through a personalized approach.

Community Policing Experiments In India

  • Kerala: Janamaithri Suraksha Project strengthens Police and increases accessibility.
  • Tamil Nadu: Friends of Police (FOP) empowers citizens in crime prevention.
  • Assam: ‘AASWAS’ combats violence and insurgency integrating community and police.
  • Karnataka:
    • Chikmagalur: Community interface teams in naxal-affected areas.
    • Mysore: Community police officers to assist in ending chain-snatching.
    • Bangalore: “SLUM DOMINATION” to reduce crime rate.
    • Jana Suraksha Samithis (JSS) to facilitate communication between police and public.

Social Media Platform

  • Bengaluru police use social media to engage with the community.
  • Objectives include awareness, news, crisis management, PR, and community policing.

Conclusion of Community Policing

  • Unique relationship between Police and Public
  • Finds strength in mutual trust.
  • Sensitizes people to perform their role in solving their own problems.

Sorabji Committee (2006)

  • Mandated to draft the Model Police Act.
  • Emphasized a professional, efficient, and accountable police ‘service’.
  • Provided for social responsibilities of the police and adherence to human rights.

Model Police Act: Salient Features (2006)

  • Police to have 5-year and Annual Plans.
  • Creation of State Police Boards for functional autonomy.
  • Stress on accountability.
  • Limited role of DM in coordination.
  • Creation of Citizen policing Committees.
  • Separation of investigation and law & order wings.
  • Encouraging professionalism.
  • Creation of Police Welfare Bureau.

Criminal Justice System in India

  • Agencies enforcing law, adjudicating crime, and correcting conduct.
  • Instrument of social control.

Evolution of Criminal Justice System

  • Ancient systems evolved, British rule codified laws.
  • Lord Warren Hasting: addressed defects in Muslim Criminal Justice System (1774-85).
  • Indian Penal Code (IPC) drafted in 1860.
  • Code of Criminal Procedure (CrPC) enacted in 1973, enforced in 1974.

Recommendations for Reforms

  • Rights of the Accused: Schedule in regional languages.
  • Police Investigation: Separate investigation wing.
  • Court and Judges: Increase judge-population ratio.
  • Witness Protection: Separate law.
  • Vacations of Court: Reduce vacations.

Why Reforms are Needed

  • Ineffectiveness: System is a tool for harassment.
  • Pendency of Cases: Over 5 crore pending cases.
  • Huge Under trials: 67.2% of prison population.
  • Police corruption and workload hinder justice.
  • Malimath Committee (2000) suggested 158 changes.

Madhav Menon Committee (2007)

  • Favors complete revamp.
  • Creation of victim compensation fund.
  • Separate authority for crimes threatening security.

Objective of CJSI

  • Prevent crime.
  • Punish criminals.
  • Rehabilitate criminals.
  • Compensate victims.
  • Maintain law and order.
  • Deter offenders.

Commission of Crime

  • D + W + M+I+P+A+C=CRIME

Key Terms

  • Mens rea = Guilty Mind
  • Actus reus = Guilty Act

The Process of CJSI

  • Registration of FIR.
  • Police investigation.
  • Recording statements.
  • Collecting evidence.
  • Arrest and interrogation.
  • Charge sheet to the court.
  • Court trial.
  • Punishments: Fine, imprisonment, death sentence.

Branches of Criminal Justice System

  • Legislative Branch: Defines crime and penalties.
  • Judicial Branch: Interprets law and determines guilt.
  • Executive Branch: Enforces law and provides leadership.

Major Components

  • Police: Enforce laws, investigate crimes, apprehend offenders.
  • Courts: Apply the law, settle arguments, give punishment.
  • Corrections: Rehabilitate offenders, protect community.

Court Components

  • Judge.
  • Public prosecutor.
  • Defense lawyer.

Needed Reforms

  • Victim-centered laws.
  • Graded criminal liability.
  • Redefined offenses.
  • Guiding principles developed.
  • Judicial precedence for sentencing.

Conclusion

  • Need clear policy and simultaneous improvements in police.

National Flag of India

  • Adopted on 22 July 1947; designed by Pingali Venkayya.
  • Must be made of Khadi.
  • Also known as Tricolor/Tiranga.

Colors of the Flag

  • Saffron: Courage and sacrifice.
  • White: Truth, peace, and purity.
  • Green: Prosperity.
  • Ashok Chakra: Laws of Dharma (righteousness).

Dimensions

  • Ratio: 2:3.
  • Ashoka Chakra: 24 evenly spaced spokes, Navy-blue color.

Symbolism

  • Saffron: sacrifice and renunciation
  • White: peace
  • Green: courage and immortality
  • Ashok Chakra symbolizes righteousness, justice and forwardness.

Timeline of Indian Flag Evolution

  • First flag,1906
  • Madame Cama hoisted in 1907
  • 1921, Gandhi proposed the spinning wheel
  • In 1931 passed to adopt tricolor
  • July 22, adopted as national flag.

Protocols for Displaying the National Flag

  • U.S.Emblems and Names Act (1950).
  • The Flag Code India (2002).

Fundamental Rights

  • Borrowed from the constitution of America
  • Six types of fundamental rights

Important Articles

  • Art 14 to 18 Equality before the law
  • Art 19 Freedom of Speech
  • Right against Exploitation 22,23 and 24
  • Art 20 Protection in respect for a conviction
  • Art 21 Protection of Life

Types of WRITS issued

  • Hebeas Corpus.
  • .Mandamus.
  • Certiorary
  • Prohibition
  • Quo warranto.

Ex-Post Facto Laws Art 20 (1)

  • Provides safeguards who are accused of having criminal offences.

Scope of Article 21

  • Right to live with human dignity.
  • Right to shelter.
  • Right to health

11 Fundamental Duties In India

  • Realize to defend
  • Promote harmony

Karnataka Government

  • elected members are given many legislative authorities ordained by the government of Karnataka with the Chief Minister heading the Government.

Important administrative members

  • Governor: SHRI THAWAR CHAND GEHLOT
  • Chief Minister: SHRI SIDDARAMAIAH

Karnataka Legislature

  • consists of a Legislative Assembly and a Legislative Council.

Political Parties

  • Indian National congress
  • B J P
  • J D (S)

First Chief Ministers of Karnataka

  • K. Chengalaraya Reddy
  • Kengal Hanumanthaiah

Police Reforms

  • Allegations of bribery, corruption, abuse of office.
  • Perception of inefficiency, general incompetence.

Police Reform Committes

  • Dharma Vira (20 Jan 1906 )
  • Ribeiro (1998)
  • Padmanabhaiah (2000)
  • SC Directive (1996)
  • Sorabji (2006)

What do we need to succeed

  • Firm political will.
  • Committed and visionary leadership.
  • Ownership of vision.
  • Public support and respect.

Dharma Vira Notes

  • Constable as first object of reform: Change in aggressive colonial attitude.
  • Mandatory judicial enquiry for alleged rape in police custody

Model Police Bill, 2015

  • Facilitating protection of public property and vital installations and establishments.
  • Maintaining a General Diary for information

Auradkar Committee Report

  • Changes in Sanctioned strength