Question : REPEAL OF INDIAN POLICE ACT



(a) whether Government is considering a proposal to set up a high-powered Committee to study the urgent need for reforms in police service including the repeal of the Police Act of 1861;

(b) if so, the details thereof including the composition, terms of reference etc., of the proposed Committee; and

(c) the time by which the proposed Committee is likely to be set up?

Answer given by the minister


MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI SRIPRAKASH JAISWAL)

(a) & (b) A Committee has been set up by the Government on 20/09/05 to draft a new Police Act to replace the Police Act of 1861. The Committee comprises of the following:-

(i) Shri Soli Sorabjee, former Attorney General, Government of India.

(ii) Shri NC Saxena, IAS(Retd), former Secretary to the Government of India.

(iii) Shri NR Madhav Menon, Director, National Judicial Academy, Bhopal/ Prof. Ranbir Singh, Director, National Law Institute, Hyderabad.

(iv) Shri Ajay Raj Sharma, IPS(Retd), former Director General, Border Security Force.

(v) Director General, Bureau of Police Research & Development, New Delhi.

(vi) Joint Secretary (Police Modernisation)/ Joint Secretary (Police), Ministry of Home Affairs and Director, SVP NPA, Hyderabad to assist the Committee in preparing the draft. Joint Secretary (Police Modernisation) is the Convener of the Committee

(vii) Shri UNB Rao, IPS(Retd), has been appointed Secretary to the Committee.

(viii) The Committee has been authorized to associate any other eminent person/ official in drafting the new legislation.


Terms and Reference of the Committee are as under:-

(a) To examine the Model Police Act prepared by National Police Commission and other draft Model Police Acts and suggest modifications as per the changing role/ responsibility of police in view of the new challenges before it, especially growth and spread of insurgency/ militancy/ naxalism, etc.

(b) To suggest measures for attitudinal changes of police including working methodology, to elicit cooperation and assistance of the community rather than its distrust.

(c) The new Police Act should reflect expectation of the people regarding the police in a democratic setup.

(d) It should emphasis the use of scientific investigation methods to strengthen the criminal justice system. It should enable the police to tackle futuristic trends of organized crime including cyber crimes and technological advantages in the hands of the criminals.

(e) The concerns for human rights, weaker sections, women and the people belonging to scheduled castes/ scheduled tribes have to be addressed.

(f): The said Committee of experts has been asked to submit its report in sixth months. It has already held four meetings. After the draft Act is received by the Government and duly considered, further action on it shall take place.