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Law enforcement in India

Law and order system of india

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Through Federalism in India, Federation and Constitution of India

Under the Constitution, police and public order are subjects governed by states. Each of the 28 states has its own police force. The centre is also allowed to maintain its own police forces to assist the states with ensuring law and order. Therefore, it maintains seven central armed police forces and some other central police organisations for specialised tasks such as intelligence gathering, training, investigation, research and record-keeping. These central armed police forces have limited policing powers as they are meant for specialized roles, such as border guarding and internal security.

The Government of India supports State Governments by providing financial assistance for the modernisation of State Police Forces and by sharing intelligence inputs through central security and intelligence agencies to prevent crime and maintain law and order.

The Ministry of Home Affairs (MHA) is the national ministry responsible for internal security, domestic intelligence, border management and the coordination of central and state law enforcement agencies in India. It includes Central Armed Police Forces (CAPFs) and Central Police Organizations (CPOs).

Larger metropolitan cities have their own police forces under their respective state police (except the Kolkata Police, which is autonomous and reports to the state's Home Department). The Indian Police Service (IPS) is an All India Civil Service, which provides leadership at senior ranks across state police forces, central armed police forces, central investigative agencies, intelligence and regulatory bodies.

Central agencies

The Central Government (Federal government of India) has established a number of Central Police Organisations (CPOs) to fulfill diverse law enforcement and security roles. These CPOs can be broadly categorized into two groups:

Central Armed Police Forces (CAPFs): These are armed police forces responsible for internal security, counter-insurgency operations, and border guarding. They include organizations such as the Assam Rifles, Central Reserve Police Force (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police (ITBP), and Sashastra Seema Bal (SSB).

Central Police Organisations (CPOs): This group comprises organizations that perform specialized functions such as police research and development, criminal investigation, intelligence gathering, police training and forensic science. These include:

  • Bureau of Police Research and Development (BPR&D): Conducts research and development in police science and technology.
  • Central Bureau of Investigation (CBI): Investigates serious crimes of national importance, corruption and economic crimes.
  • Directorate of Coordination of Police Wireless (DCPW): Coordinates wireless communication among police forces.
  • Intelligence Bureau (IB): Collects intelligence to counter internal security threats.
  • National Investigation Agency (NIA): Specialised counter-terrorism law enforcement agency. It has nationwide jurisdiction and police powers over scheduled offences.
  • Narcotics Control Bureau (NCB): Investigation and intelligence of narcotics crimes.
  • National Crime Records Bureau (NCRB): Maintains a national database of crime statistics.
  • National Institute of Criminology and Forensic Science (NICFS): Provides training and research in criminology and forensic science.
  • National Disaster Response Force (NDRF): Responsible for disaster management and emergency services in times of calamities.

In addition, there are police training institutions, such as the Sardar Vallabhbhai Patel National Police Academy (SVPNPA) and the North Eastern Police Academy (NEPA). The Railway Protection Force (RPF) is controlled by the Ministry of Railways.

Some intelligence and investigating agencies under the Ministry of Finance also do policing work. They collect and investigate economic offences pertaining to customs, excise, income tax, foreign exchange, money laundering, and narcotics smuggling. Some of these are the Central Economic Intelligence Bureau, the Directorate General of Revenue Intelligence, the Directorate of Enforcement, the Financial Intelligence Unit, the Directorate General of GST Intelligence, and the Directorate General of Income Tax (Investigation).

Most federal law-enforcement agencies are under the Ministry of Home Affairs. The head of each agency is typically an IPS officer. The Constitution entrusts states with the responsibility of maintaining law and order. The central government participates in policing via the Indian Police Service.

Central police forces can assist a state's police force if requested by a state government. During the 1975–77 Emergency, the Constitution was amended on 1 February 1976 to permit the central government to deploy its armed police forces without state permission. The amendment was unpopular, and the use of the central police forces was controversial. After the Emergency was lifted, the Constitution was again amended in December 1978 to restore the status quo.

Central Armed Police Forces

Border Security Force

The Border Security Force (BSF) is responsible for policing India's land borders in peacetime and preventing trans-border crimes. A central police force under the Ministry of Home Affairs, its duties include VIP security, election supervision, guarding vital installations and counter-naxal operations.

The Indo-Pakistani War of 1965, which highlighted the inadequacy of the existing border-management system, led to the formation of the Border Security Force as a unified central armed police force mandated with guarding India's boundary with Pakistan. The BSF's policing capability was used in the Indo-Pakistani War of 1971, against the Pakistani Armed Forces, in areas which were the least threatened. During wartime or when ordered by the central government, the BSF is commanded by the Indian Army; BSF troops participated in the 1971 Battle of Longewala in this capacity. After the 1971 war (which led to the creation of Bangladesh), responsibility for policing the border with Bangladesh was assigned to the force.

Originally charged with guarding India's external borders, the BSF has been tasked with counter-insurgency and counter-terrorism operations. When insurgency in Jammu and Kashmir broke out in 1989 and the Jammu and Kashmir state police and the thinly-deployed Central Reserve Police Force (CRPF) needed extra force to cope with spiraling violence, the central government deployed the BSF to Jammu and Kashmir to combat Kashmiri militants.

BSF operates a Tear-Smoke Unit at its academy in Gwalior, Madhya Pradesh, which supplies tear gas and smoke shells for riot prevention to all state police forces. It operates dog squads, and runs the National Dog Training and Research Centre. The BSF, one of several Indian police forces which have its own air and water wings, provides helicopter, dog and other support services to the state police.

Central Industrial Security Force

The Central Industrial Security Force's (CISF) primary task is to provide industrial security. It guards industrial installations nationwide which are owned by the central government, secures seaports and airports, and provides security for certain non-governmental organizations. The CISF provides security for nuclear-power plants, space installations, mints, oil fields and refineries, heavy-engineering and steel plants, barrages, fertilizer units, hydroelectric and thermal power stations, and other installations partially (or wholly) run by the government.

Central Reserve Police Force

The Central Reserve Police Force's (CRPF) main objective is to assist states and union territories' law-enforcement agencies in maintaining law and order and containing insurgency. It is deployed as an anti-terrorist unit in several regions, and operates abroad as part of United Nations peacekeeping missions.

Indo-Tibetan Border Police

The 90,000-member Indo-Tibetan Border Police (ITBP) is responsible for security along the 2,115-kilometre (1,314 mi) Indo-Tibetan border and its surrounding areas. ITBP personnel are trained in maintaining law and order, military tactics, jungle warfare, counter-insurgency, and internal security. They were also deployed to Indian diplomatic missions located in Afghanistan.

National Security Guard

The National Security Guard (NSG) is a commando unit originally created for counter-terrorism and hostage-rescue missions. Founded in 1986, it is popularly known as the "Black Cats" for its uniform. Like most military and elite-security units in India, it avoids the media and the Indian public is largely unaware of its capabilities and operational details.

The NSG draws its core members from the Indian Army, and the balance is support staff from other central police units. An NSG team and a transport aircraft is stationed at Indira Gandhi International Airport in New Delhi, ready to deploy in 30 minutes.

Sashastra Seema Bal

Sashastra Seema Bal (SSB), founded in 1963, is deployed at the Indo-Nepal and Indo-Bhutan borders. SSB, with over 82,000 personnel, is trained in maintaining law and order, military tactics, jungle warfare, counter-insurgency, and internal security. Its personnel are also deployed to the Intelligence Bureau (IB), Research and Analysis Wing (R&AW), Special Protection Group (SPG), National Security Guard. Officers begin as an assistant commandant (equivalent to deputy superintendent of police on a state force), and retire with the rank of inspector general (IG).

Special Protection Group

The Special Protection Group (SPG), the central government's executive protection agency, is responsible for the protection of the Prime Minister of India and their immediate family. The force was established in 1985, after the assassination of Indira Gandhi. It provides daily, round-the-clock security throughout India to the present Prime Minister and his family. It functions directly under the Cabinet Secretariat of India.

Central investigation and intelligence institutions

Central Bureau of Investigation

The Central Bureau of Investigation (CBI) is India's premier investigative agency, responsible for a wide variety of criminal and national security matters. Often cited as established with the Delhi Special Police Establishment Act, 1946, it was formed by the central government (which controls the Delhi police) with a resolution. Its constitutionality was questioned in the Gauhati High Court Narendra Kumar vs Union of India case on the basis that all areas of policing are exclusive to state governments, and the CBI is a central-government agency. The court ruled that despite the lack of legislation, the CBI is an authorized agency of the central government for national policing. Its ruling was upheld by the Supreme Court of India, which cited the CBI's national importance.

The bureau is controlled by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pensions of the government of India, usually headed by the Prime Minister as the Minister of Personnel, Public Grievances and Pensions. India's Interpol unit, the CBI draws its personnel from IPS officers throughout the country. Specializing in crimes involving high-ranking government officials and politicians, the CBI has also accepted other criminal cases because of media and public pressure (usually due to local-police investigative incompetence).

National Investigation Agency

The National Investigation Agency (NIA), the central agency combatting terrorism, can deal with interstate terror-related crimes without permission from the states. The National Investigation Agency Bill 2008, creating the agency, was moved in Parliament by the Home Minister on 16 December 2008. The NIA was created in response to the 2008 Mumbai attacks as a central counter-terrorism agency. The NIA has nationwide jurisdiction to investigate offences related to terrorism, national security, and other scheduled offences under the NIA Act of 2008. Also dealing with drug trafficking and currency counterfeiting, it draws its officers from the Indian Police Service (IPS), Indian Revenue Service (IRS), and various State Police Services.

Narcotics Control Bureau

The Narcotics Control Bureau (NCB) is responsible for anti-narcotics operations nationwide, checking the spread of contraband and the cultivation of drugs. Officers in the bureau are drawn from the IPS and IRS. It functions under administrative control of Ministry of Home Affairs of the Government of India.

Enforcement Directorate

The Enforcement Directorate (ED) is the law enforcement agency responsible for enforcing economic laws and combating financial crimes. It primarily investigates offences under the Prevention of Money Laundering Act, 2002 and the Foreign Exchange Management Act, 1999.

The agency operates under the Department of Revenue in the Ministry of Finance, Government of India.

Income Tax Department

The Income Tax Department (ITD) is India's premier financial agency, responsible for a wide variety of financial and fiscal matters. The department is controlled by the Department of Revenue in the Ministry of Finance, headed by a minister who reports directly to the prime minister. The Central Board of Direct Taxes (CBDT) is also part of the Department of Revenue. It provides input for policy and planning of direct taxes, and is responsible for the administration of direct-tax laws through the Income Tax Department. The CBDT operates in accordance with the Central Board of Revenue Act, 1963. The board members, in their ex officio capacity, are also a division of the ministry dealing with matters relating to the levy and collection of taxes, tax evasion and revenue intelligence. It is India's official Financial Action Task Force on Money Laundering (FATF) unit. The Income Tax Department draws its staff from Indian Revenue Service officers nationwide, and is responsible for the investigation of economic crimes and tax evasion. Some special agents and agents can carry firearms.

The Directorate of Criminal Investigation (DCI) is headed by the Director General of Intelligence (Income Tax), which was created to address cross-border black money. The DCI conducts unobtrusive investigations of "persons and transactions suspected to be involved in criminal activities having cross-border, inter-state or international ramifications, that pose a threat to national security and are punishable under the direct tax laws."

Commissioners of the ITD's intelligence directorate posted in cities such as Delhi, Chandigarh, Jaipur, Ahmedabad, Mumbai, Chennai, Kolkata, and Lucknow will also conduct criminal investigations for the DCI. The ITD's intelligence wing oversees the Central Information Branch (CIB), which has a repository of data on taxpayers' financial transactions.

Directorate of Revenue Intelligence

The Directorate of Revenue Intelligence (DRI) is an intelligence-based organization responsible for the coordination of India's anti-smuggling efforts. Officers are drawn from the Indian Revenue Service and Group B of the Central Board of Indirect Taxes and Customs.

Central Economic Intelligence Bureau

The Central Economic Intelligence Bureau (CEIB) is the intelligence agency responsible for gathering information and monitoring the economic and financial sectors for economic offenses and warfare.

Directorate General of GST Intelligence

The Directorate General of GST Intelligence (DGGI), formerly the Directorate General of Central Excise Intelligence (DGCEI), is an intelligence-based organization responsible for tax evasion cases related to central excise duty and Goods and Service Tax (GST). Officers are drawn from the Indian Revenue Service and Group B of the Central Board of Indirect Taxes and Customs.

Bureau of Police Research and Development

The Bureau of Police Research and Development (BPRD) was established on 28 August 1970 to modernize the police forces. It researches police issues, including training and the introduction of technology at the central and state levels.

National Crime Records Bureau

In 1979, the National Police Commission recommended the creation of agency to maintain criminal records and a database shareable at the federal and state levels. The National Crime Records Bureau (NCRB) was established by combining the Directorate of Coordination Police Computers, the Central Fingerprint Bureau, the Data Section of Coordination Division of the Central Bureau of Investigation, and the Statistical Section of the Bureau of Police Research and Development.

Central forensic institutions

Central Forensic Science Laboratory

The Central Forensic Science Laboratory (CFSL), a wing of the Ministry of Home Affairs, houses the only DNA repository in South and Southeast Asia. There are seven central forensic laboratories: in Hyderabad, Kolkata, Bhopal, Chandigarh, Pune, Guwahati and New Delhi. CFSL Hyderabad is a centre of excellence in chemical sciences, CFSL Kolkata in biological sciences, and CFSL Chandigarh in the physical sciences. The laboratories are primarily controlled by the ministry's Directorate of Forensic Science (DFS); the New Delhi lab is under the Central Bureau of Investigation, and investigates cases on its behalf.

National Institute of Criminology and Forensic Science

The National Institute of Criminology and Forensic Science (NICFS) was established on 4 January 1972 at the recommendation of a committee appointed by the University Grants Commission (UGC). In September 1979, the institute became a department of the Ministry of Home Affairs with a full-time director. It is headed by senior Indian Police Service officers. The institute trains in cybercrime investigations, and researches aspects of criminology and forensics (including cyber forensics). It is listed as a science and technology organization by the Department of Science and Technology.

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