• As India marks 75 years of independence, the police remain in the media spotlight, often for negative reasons.
• Despite modifications, criminal laws and procedures still exist, and the police department is still hampered by India''s colonial past.

History of reforms in Indian Penal Code

• The process of drafting the Indian Penal Code had begun much earlier in 1834.
• The revolt of 1857 gave a fillip to the drafting of the Police Act and laid the foundation for an organised police force.
• The main objective then was to use the police as a weapon of repression and strengthen the hold the British had over India.
• Most of the constabulary was illiterate and not paid even a ‘living wage’.

Parliamentary Reforms

• The Probation of Offenders Act was passed in 1958.
• Objective- to reform, rather than punish, offenders. 
• The Dowry Prohibition Act was passed in 1961 in order to keep a check on social evil of Dowry.
• Indian Penal Code was amended in 1983 and 1986 by introducing Sections 498A (cruelty by husband and his relatives) and 304B (dowry death) as well as changes made to the Evidence Act.
•  The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, was enacted in 1989.
• The definition of rape has been expanded, and the penalties for offences involving sexual assault have been increased.
• The Protection of Children from Sexual Offences Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, have been enacted.
• Under the Information Technology Act of 2000, electronic documents and signatures have been given legal sanctity to support online transactions and combat cybercrime.
•  The National Investigation Agency was established in 2008 after the deadly 26/11 terror attacks in Mumbai in order to investigate and prosecute offences affecting national security.

Reforms by courts

• The Supreme Court provided relief to the LGBTQ+ community by construing Section 377 of the IPC.
•  Custodial torture and sexual harassment of women have been held to be violations of fundamental rights. 
• The law concerning compensation for crime victims has evolved over time.
• The right to privacy has been recognised as a fundamental right.
• The misuse of Section 124A has been recognized by the Supreme Court, which may also rule on the constitutionality of the sedition.
• Attempts have been made to incorporate elements of the inquisitorial system into the (prevailing) adversarial system by mandating judicial inquiry into custodial death and custodial rape in order to uncover the truth and punish the guilty.

More Reforms needed

• The introduction of the post of direct sub-inspectors (for police stations) and the rank of deputy superintendent of police for natives.
• Quarters were provided to sub-inspectors and officers of lower rank in each province.
• The status of inspectors was on a par with Tehsildars. 
• The power to arrest having been curtailed.
• The use of handcuffs restrained.
• The presence of a lawyer permitted during interrogation.
• CCTV cameras installed in the police stations.
• Human rights bodies allowed to keep a constant eye. 

Challenges of Indian Police Force

• Allegations that the police use excessive force are still a source of concern.
• Despite ‘Police’ being a State subject, no State government has given due attention to police reforms so far as mentioned in Prakash Singh v. Union of India (2006)
• No State or UT has adopted the Model Police Act drafted by Soli J. Sorabjee.
• There are many provisions which were prevalent during the British Rule, still continue to exist not only in the States’ Police Acts but also in the criminal codes. Some of them are-
• The District Superintendent of Police is unable to transfer his Station House Officers without the approval of the District Magistrate in U.P.
•  The performance appraisal report of a Superintendent of Police is still written by the District Magistrate in some States (including Chhattisgarh)
• There has always been fierce opposition to the implementation of the police Commissionerate system in metropolitan areas (as required by the Criminal Procedure Code).

Suggestions

• Police reforms require additional funding by improving soft skills and ensuring investigation in an impartial manner. 
• Unwanted and mechanical arrests need to be stopped.
• More offences can be made bailable and more brought under the ambit of compounding to lighten the burden on jails.
• There is a need of proper training.
• The use of technology and forensic techniques must be encouraged to enhance the quality of evidence.
• Specialised wings need to be established to deal with newer types of crime. 
• The police should be accountable only for their constitutional goal of establishing the rule of law. 

The policing system needs to be reformed to be in tune with present day scenario and upgraded to effectively deal with the crime and criminals, uphold human rights and safeguard the legitimate interests of one and all.