Police Reforms - Key Points

Supreme Court Judgement on Police Reforms (2006)

• Directed Union and State Governments to set up mechanisms.
  • Establish State Security Commissions.
  • Select Director General of Police with a minimum two-year tenure.
  • Prescribe minimum two-year tenure for police officers on operational duties.
  • Separate investigating police from law & order police.
  • Set up a Police Establishment Board for transfers, postings, and promotions.
  • Constitute Police Complaints Authorities at State and District levels.
• Directed Central Government to set up a National Security Commission.
  • Prepare a panel for selection and placement of Chiefs of Central Police Organizations (CPOs).
  • Minimum two-year tenure for CPOs.
  • Review measures to upgrade effectiveness, improve service conditions, and ensure coordination.

Karnataka Police Act Amendment (2012)

• Establishment of:
  • State Security Commission.
  • Police Establishment Board.
  • State Police Complaint Authority.
  • District Police Complaint Authority.

State Security Commission (Section 20A)

• Established by State Government notification.
• Consists of:
  • Chief Minister (Chairman).
  • Home Minister (Vice Chairman).
  • Leader of Opposition.
  • Retired High Court Judge.
  • Chief Secretary.
  • Additional Chief Secretary/Principal Secretary, Home Department.
  • Director General of Police (Secretary).
• Functions:
  • Laying down policy guidelines.
  • Giving directions for preventive tasks.
  • Evaluating State Police performance.
• Recommendations are binding on the Government.

Police Establishment Board (Section 20B)

• Established by State Government notification.
• Consists of:
  • Director General and Inspector General of Police (Chairman).
  • Three senior police officers (Additional Director General of Police rank or above).
  • Additional Director General of Police (Administration) as Member Secretary.
• Functions:
  • Deciding on transfers, postings, and promotions of officers up to Deputy Superintendent of Police rank.
  • Making recommendations for promotion to Deputy Superintendent of Police rank.

State Police Complaints Authority (Section 20C)

• Consists of five persons:
  • Chairman: Retired High Court Judge.
  • Member: Retired Civil Service Officer (not below Principal Secretary).
  • Member: From Civil Society.
  • Member: Women IPS Officer (not below Deputy Inspector General of Police).
  • Ex-officio Member: Additional Director General of Police (Grievance).
• Looks into complaints against officers of Superintendent of Police rank and above.
• Takes cognizance of allegations of serious misconduct (death, grievous hurt, or rape in police custody).
• Powers: Inquire into allegations, suo moto or on complaint.
• Explanation of Serious Misconduct:
  • $a) death \in police custody$
  • b) grievous hurt, as defined \in section 116 &117 of B N S
  • $c) rape or attempt to commit rape$
  • $d) arrest or detention without due process of law$

District Police Complaints Authority (Section 20D)

• Chaired by the Deputy Commissioner of the concerned district.
• Consists of:
  • Retired Civil Service Officer (not below Assistant Commissioner).
  • Member from Civil Society.
  • Superintendent of Police (ex-officio).
• Looks into complaints against police officers of and below the rank of Deputy Superintendent of Police.
• Power to enquire into misconduct or abuse of power.

Powers of State and District Police Complaints Authorities (Section 20E)

• Have powers of a civil court.
  • Summoning and enforcing attendance.
  • Requiring discovery and production of documents.

Tenure of Officers (Section 20F)

• Officers in operational duties have a minimum tenure of two years, subject to superannuation.

Units in a Police Station (Section 20G)

• Headed by a Station House Officer (Inspector or Sub-inspector).
• Two units:
  • Crime Investigation.
  • Law and Order.