All India Dawah Centres Association (AIDCA) is a group of :
1.Registered Dawah organizations all over India which also includes
2.Individual Da’ees (Person Involved in Teachings of Islam) and
3.Ulama (Scholars in the Teachings of Islam).
Aidca has made efforts to unite all the institutions, organisations, individuals and Ulamas on one platform to stand for justice and truth for the Dawah and civil rights of the Muslim community.
We have established a Legal Infrastructure which is known as “Muslim Legal Cell” (MLC) . In MLC we are making efforts to provide Legal aid to Muslim Community at large and specialize ourselves in the field of Dawah and civil rights of Muslim Community including Reverts.
In ALC we will handle situations like illegal detentions, PILs, Bails, Trials, and other Misc. applications
for the Muslim community. For all this to happen we need more and more paralegal volunteers (a person who works between the lawyer and the victim and has an adequate knowledge of law).
What is Legal Cell and Awareness? & Why?
Aid is also called help and “legal aid” also can be called legal help in simple language. Today we have hospitals for medical aid, we have fire stations for aid in case of fire but are we having any station or any office where a victim can obtain a legal aid or help. The answer is NO.
Coming to the awareness part, Aid or help is given after the accident or incident but awareness is always given before the accident or the incident so that it may be controlled.
We know that in today’s scenario the Muslims being in minority are having the majority in jails. The crime rate in Muslim community is because of many reasons but one of the main reason is they do not have the awareness of the law. So therefore there is need for both Legal Aid Office in every Muslim pocket and awareness programmes for the same.
Legal Aid Centres for what?
A. Legal Aid for Victims are Defensive:
1. Illegal detentions / Arrest
3. Anticipatory Bail.
B. Legal Aid for Injustice and Anti-Islamic Forces are Aggressive:
How to start providing the Legal Cell?
At the time of doing above things we have two questions asked by most of them is
1. Koi lawyer hai kya?
2. Koi setting hai kya?
For all the above what you need is a lawyer. So the “First Aid” of the Legal Aid is the Lawyer. We need to have a full time lawyer representing the Muslim community of particular zone, areas or High Courts. And to help the lawyers we need paralegal volunteers so that they can identify and classify the problems of the victims and feed the lawyers which will not only save time but also give an organised look to the centre.
So we need 1. Lawyer and 2. Paralegal volunteer and of course an office so that the victims should have the go to place.
And some financial backing if the victim is very poor.Then the real Aid begins with sincere follow ups and correct legal direction with proper knowledge. If you are not opting correct directions in the case then you can end up spoiling the case of the victim. In that case you become a person which has increased his legal problems rather than solving the same. So knowledge and training is very important which is required for providing the AID therefore have knowledge before helping or provide a person having the same.
So we know that lawyers are available in abundance in the market but what we do not have is a paralegal volunteer.He is the link between the victim and justice or correct legal direction or the lawyer.
He should have the
3. No other profit
4. The most important thing is Time Pe Time Dena (TPTD)
Now what we Dawah Centre and Daees can do?
We can become the Dawah centre cum legal aid centres in our area and we can become the Daees cum paralegal volunteer of our area.We can have monthly meetings, trainings, Dars e Law , and Ghast e Advocates in our areas for becoming the solution to the problems in our areas. Now we have to stop discussing the problems and start working towards solutions.
Legal Problems in Dawah Activities
What does the Indian Constitution say?
Constitution of India – Part III – Fundamental Rights – Article no 25 says:
Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, All persons are equally entitled to Freedom of conscience and (a person’s moral sense of right and wrong)The right freely to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law.
(a) Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.
(b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I – The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II – In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
In view to the above article we can propagate our religion but subject to public order i.e. communal fights, health and morality. So there are conditions which we have to follow while doing Dawah at large otherwise we can end up in doing criminal offence and get a case registered in our name.
We have the right to buy, own and drive car or a bike but only with a registration number of the car or bike along with a Driving licenses in our name. Without the same we do an offense which punishable and can be fined. Same we have the fundamental right to propagate our religion but with permissions and registration from the local authorities. Doing Dawah without the same would end up you doing a crime and a case can be registered against you.
Where we can end up doing a crime?
Section 295A of Indian Penal Code :
Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.
295A. – Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, By words, either spoken or written, or By signs or By visible representations or otherwise, Insults or attempts to insult the religion or the religious beliefs of that class, Shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
So here we have Daees speaking on the podiums, writing books and Dawah centres Publishing Phamlets, doing street Dawah campaigns. We have to be careful that while Dawah is our fundamental right we cannot publicly make statements for the religious beliefs of other people. Therefore it required for the duaths speaking on the podium to record their lecture and keep an original copy with them so that if any else records and edits it with hate speech then you will the original CD to prove your innocence.
Now we know that Dawah is inviting towards the Kalema La Illaha Il’lallah Muhammad (pbuh) Rasoolul’llah meaning koi mabude barhak nahin siwae Allah ke …. So first there is denouncing of all the deities and then the declaration of oneness of Allah. So while denouncing the religious beliefs and deities of other religion our statements will definitely hurt the people of different faiths. But here if use and take a common terms / names and not proper names of the false deities (mabude baatila) then there can be no complaints or I may say the case will be in your favour in court of law.
Also beware of new unknown daees who joins your group as they can be misguided or immature and can do damage to your Dawah activities. 296.
Disturbing religious assembly :
Who ever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
In accordance to the above we should avoid doing Dawah campaigns in the time of festival of other religious beliefs. At the time of festivals the religious feelings are on top of one’s heart and mind. So any argument can lead to big issues which will not help the field of Dawah.
153. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. And doing acts prejudicial to maintenance of harmony.
(1) Whoever- By words, either spoken or written, or By signs or By visible representations or otherwise, promotes or attempt to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and
which disturbs or is likely to disturb the public tranquillity,
2[or] 2[(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,] shall be punished with imprisonment which may extend to three years, or with fine, or with both. Offence committed in place of worship, etc.—
(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
In accordance to the above we should avoid talking bad towards any religion and also should not instigate our Muslim brothers against any religion which can cause enmity. But a very important point here is this section can also be used by our people against the anti-Islamic forces which indulge in hate speeches to their crowd and sow the seed of enmity in the hearts of innocent people against Islam and Muslims. In this legal aid centres we can file a complaint to the local police station or even go to the magistrate for appropriate action on the same.
Now days whatsapp, Facebook, twitter are in Fashion and so the messages area also getting bolder and bolder day by day. So we have to look down to The Information Technology Act, 2000 so as where we can end up doing crime.
Section 66A under The Information Technology Act, 2000.
Punishment for sending offensive messages through communication service, etc. -Any person who sends, by means of a computer resource or a communication device,- (a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; or
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.
Explanation. -For the purpose of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the
In accordance to the above we should avoid sending offensive messages in form of image, Video or Text to any recipients. And as in section 153 here also we can use this section against the anti-Islamic forces which indulge in such messages and mislead people about Islam and Muslims.
Summarized points for Legal Aid and Awareness in Dawah Activities
1. Get your Dawah centre Registered.
2. Make your Dawah Centre a Legal Aid centre.
3. Make the Daees paralegal volunteers.
4. Appoint Advocates in your area for the Community
5. Have training sessions for Law learning.
6. Paralegal Volunteer who has Passion, Knowledge, Profitless and Remember to “Time Pe Time Dena” for victims.
7. Get Knowledge before helping or provide the person of knowledge.
8. Get Permissions for the Dawah campaigns.
9. Do not use proper names of “mabude baatila” instead use common terms /names in public lectures and Phamlets or books that are distributed in public by the Duaths.
10. Record your lecture if giving in public so that no one can edit it and make case against you and your centre.
11. Use only know volunteers in the Dawah campaigns.
12. Avoid Dawah campaigns at the time of festivals of other religious beliefs.
13. Avoid hate speeches and instigating against other religions.
14. File complaints under section 153 A if any hate speech is given by any anti-Islamic forces.
15. Avoid sending offensive messages in form of image, Video or Text to any recipients.
The above points are what Daees and Dawah centres have to consider while doing Dawah in public. We appeal to all those Who are interested in becoming paralegal volunteer kindly email your Name,Profession,Address,Contact Details on firstname.lastname@example.org
AIDCA Law Awareness Program Notes
- Law Awareness in simple words is General Legal Education of How India Works?
- The Objective of this Law Awareness Workshop is to Empower the citizens of India in law by imparting practical knowledge about basic legal rights and remedies provided under Indian Constitution and Indian Judiciary System, thereby making them fit to face the challenges in real life situations.
- The procedures of approaching and utilizing various channels available for the redressal of grievances and complaints i.e. the police, the executive and the judiciary.
- How to handle situations like Illegal detentions and Arrests, along with procedures followed for Bails, Trails, and other Misc. applications, PIL’s, writs etc.
- Having Knowledge of Religious issues such as Dawah, Conversions, Masjids, Islamic schools and Muslim Personal Law.
- Generating Paralegal Volunteers (a person who works between the lawyer and the victim and has an adequate knowledge of law).
Citizens of India
Resolved to Constitute
Republic of India
And adopted, enacted and gave our selves
The Constitution of India
The Government of India
of the people, by the People, for the people to run India through Legislature, executives and Judiciary.
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens – JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November 1949,
DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
1) Sovereignty means the independent authority of a State. It means that it has the power to legislate on any subject; and that it is not subject to the control of any other State or external power.
2) Socialist state basically means that wealth is generated socially and should be shared equally by society through distributive justice.
3) Secular means that the relationship between the government and the people which is determined according to constitution and law. By the 42nd Amendment in 1976, the term “Secular” was also incorporated in the Preamble. There is no difference of religion i.e. all religion are equally respected and moreover there is no state religion. All the citizens of India are allowed to profess, practice and propagate any religion. Explaining the meaning of secularism as adopted by India, Alexander Owics has written, “Secularism is a part of the basic structure of the Indian Constitution and it means equal freedom and respect for all religions.
4) Democratic: The people of India elect their governments by a system of universal adult franchise; popularly known as “one man one vote”. Every citizen of India, 18 years of age and above and not otherwise debarred by law, is entitled to vote.
5) Republic: In a republic form of government, the head of the state is an elected person and not a heredity monarch’
6) Justice: India seeks to secure social, economic and political justice for its people.
(i) Social Justice:
Social Justice means the absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, colour, religion, sex or place of birth. India stands for eliminating all forms of exploitations from the society.
(ii) Economic Justice:
Economic Justice means no discrimination between man and woman on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equality, end of monopolistic control over means of production and distribution, decentralisation of economic resources, and securing of adequate opportunities to all for earning their living.
(iii) Political Justice:
Political Justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.
7) Liberty: The idea of Liberty refers to the freedom on the activities of Indian nationals. This establishes that there are no unreasonable restrictions on Indian citizens in term of what they think, their manner of expressions and the way they wish to follow up their thoughts in action. However, liberty does not mean freedom to do anything, and it must be exercised within the constitutional limits.
8) Equality: This envisages that no section of the society enjoys special privileges and individuals are provided with adequate opportunities with any discrimination. All are equal in front of law.
9) Fraternity: This refers to a feeling of brotherhood and a sense of belonging with the country among its people. It embraces psychological as well as territorial dimensions of National Integration. It leaves no room for regionalism, communalism, casteism etc., which hinders the Unity of the State
10) Bhāratīya Saṃvidhāna is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. It the longest written constitution of any country on earth. B. R. Ambedkar, chairman of the drafting committee, is widely considered to be its chief architect. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act, 1935 as the country’s fundamental governing document, and the Dominion of India became the republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day.
The constitution has a preamble and 448 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 101 times; the latest amendment became effective on 1 July 2017. It has been clarified by the Supreme Court of India that being a part of Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered.
The Government of India is the union government created by the constitution of India as the 1. Legislative, 2. Executive and 3. Judicial authority of the union of 29 states and seven union territories of a constitutionally democratic republic.
- Legislature: Union Government (Member of Parliament – MP’s)
a) Lok Sabha (Lower House) – House of the People (545 MP’s) Elected by the citizens of India as their representatives.
They make the law subject to the Judicial review of the supreme court.
Motion of no confidence, budget, money bills, ordinary bills, etc.
b) Rajya Sabha (Upper house) – Council of States (245 MP’s) Elected by the state and the president.
Rajya Sabha is granted powers that protect the rights of States against the Union.
c) State Legislative Assembly: The State Government (Member of Legislative Assembly MLA’s)
State Government is a democratically elected body with the governor as the constitutional head. The governor who is appointed for five years appoints the chief minister and on the advice of the chief minister appoints his council of ministers. Even though the governor remains the ceremonial head of the state, the day-to-day running of the government is taken care of by the chief minister and his council of ministers in whom a great amount of legislative powers is vested. Power is divided between the central government and state governments. While the central government handles military and external affairs etc., whereas the state government deals with internal security (through state police) and other state issues. Income for the central government is from customs duty, excise tax, income tax etc., while state government income comes from stamp duty, SGST, GST—components of GST.
- Executives: The executive of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy.
A) President – – Highest post but act on advice of prime minister, Appoints Governors, Judges, Election Commissioner, Civil services, Ambassadors, etc.
B) Prime minister – The Prime Minister of India, as addressed in the Constitution of India, is the chief of the government, chief adviser to the president, head of the council of ministers and the leader of the majority party in the parliament. The prime minister leads the executive of the Government of India.
The prime minister selects and can dismiss other members of the cabinet; allocates posts to members within the Government; is the presiding member and chairman of the cabinet and is responsible for bringing a proposal of legislation. The resignation or death of the prime minister dissolves the cabinet. The prime minister is appointed by the president to assist the latter in the administration of the affairs of the executive.
C) Chief minister –In the Republic of India, a chief minister is the elected head of government of each of Twenty nine states and seven union territories (Delhi and Pondicherry). According to the Constitution of India, the Governor is a state’s de jure head, but de facto executive authority rests with the chief minister. Following elections to the state legislative assembly in a state, the state’s governor usually invites the party (or coalition) with a majority of seats to form the government. The governor appoints and swears in the chief minister, whose council of ministers are collectively responsible to the assembly.
D) Cabinet, Ministries and Agencies – The Cabinet of India includes the prime minister and his cabinet ministers. Each minister must be a member of one of the houses of the parliament. The cabinet is headed by the prime minister, and is advised by the cabinet secretary, who also acts as the head of the Indian Administrative Service and other civil services. Other ministers are either as union cabinet ministers, who are heads of the various ministries; or ministers of state
The same applies to the State Government as it also runs the Ministries through the Cabinet chosen by the Chief minister.
E) Civil Services – 1. Indian Administrative Service (IAS) 2. Indian Forest Service (IFS) 3. Indian Police Service (IPS) The Civil Services of India are the civil services and the permanent bureaucracy of India. The executive decisions are implemented by the Indian civil servants. In the parliamentary democracy of India, the ultimate responsibility for running the administration rests with the elected representatives of the people which are the ministers. These ministers are accountable to the legislatures which are also elected by the people on the basis of universal adult suffrage. The ministers are indirectly responsible to the people themselves. But the handful of ministers are not expected to deal personally with the various problems of modern administration. Thus the ministers lay down the policy and it is for the civil servants to enforce it. All appointments to All India Civil Services are made by the President of India.
There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.
The judiciary interprets the Constitution as its final arbiter. It is its duty as mandated by the Constitution, to be its watchdog, by calling for scrutiny any act of the legislature or the executive, who otherwise, are free to enact or implement these, from overstepping bounds set for them by the Constitution. It acts like a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states, as assigned to them by the Constitution.
While pronouncing decisions under its constitutional mandate, it is expected to remain unaffected by pulls and pressures exerted by other branches of the state, citizens or interest groups. And crucially, independence of the judiciary has been held to be a basic feature of the Constitution, and which being inalienable, has come to mean – that which cannot be taken away from it by any act or amendment by the legislature or the executive. This independence shows up in the following manner: No minister, or even the executive collectively, can suggest any names for appointment as judges, to the President, who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary. Nor can judges of the Supreme Court or a High Court be removed from office once appointed, unless an overwhelming two-thirds of members of any of the Houses of the Parliament back the move, and only on grounds of proven misconduct or incapacity. A person who has been a judge of a court is debarred from practicing in the jurisdiction of that court.
Today we have infrastructures such as hospitals for medical aid, we have fire stations for aid in case of fire but are we having any station or any office where a citizen can obtain a legal aid or help. The answer is NO.
Coming to the awareness part, Aid or help is given after the accident or incident but awareness is always given before the accident or the incident so that it may be controlled. We know that in today’s scenario the Muslims being in minority are having the majority in jails. The crime rate in Muslim community is because of many reasons but one of the main reason is they do not have the awareness of the law. So therefore there is need for both Legal Aid Office in every Muslim pocket and awareness programmes for the same.
The reason of Muslims committing a crime and being undertrials are
- They don’t know what crime or offence is.
- They don’t have knowledge of the consequences of that offence.
- They don’t have an legal infrastructure to protect their rights and defend them from prosecution.
Legal Actions are of 2 types-
- Appeals after Acquittals of a criminal
- Illegal detentions / Arrest
- Anticipatory Bail.
- Appeals after Conviction of a Innocent
The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
At present, the Act contains 484 Sections,  2 Schedules and 56 Forms. The Sections are divided into 37 Chapters.
Any offence committed requires certain documents or can be said as a step to be taken before initiating the criminal proceedings. FIR and complaint are one of those requirements.
a) F.I.R.: First Information Report known as FIR can be described as every information concerning the cognizable offence, provided to the officer in charge of the police station by the victim or the witness or any person who is aware of the commission of the crime.
b) Complaint: Complaint can be defined as any type of accusation excluding a police report, made verbally to the Magistrate, to make him/her take action that a person has committed an offence as per the Criminal Procedure Code. Although, when after investigation it is revealed that a non-cognizable offence is committed, a police report in a case can also be considered as a complaint. In such a condition, the officer who prepares the report is known to be as complainant
The differences between FIR and complaint are as follows:
- FIR is related only to cognizable or criminal offenses. Whereas, police complaint can be cognizable or non-cognizable offenses.
- When the police gets information about the commission of a crime for the very first time, A written document prepared by the police, is known as FIR or first information report whereas A petition filed which is filed with the magistrate contains an accusation regarding the commission of an offence and a prayer is made that the accused should be penalized, is called complaint.
- A complaint has no prescribed format whereas FIR can only be registered in the format prescribed by the law.
- One can make a complaint to the metropolitan magistrate, whereas an informant or plaintiff can lodge FIR to the police officer of their respective police station.
- Except in the case of marriage and defamation any person can make a complaint to the magistrate regarding the offence, wherein only aggrieved party can make a complaint. On the contrary, any person who is an aggrieved party, witness or is having the knowledge of the crime can file FIR.
- Whenever a FIR is lodged, a police officer starts with investigating the matter. Whereas, when complaint is filed, no investigation is done by the police officer until directed by the competent authority.
- First information report may be lodged by any person such as the aggrieved party or an eye witness whereas a complaint can be filed by any person subject to certain exceptions.
Chapter 8: Types of Offences
Any act which causes a violation of the rights of others or causes harm to others and is so dangerous that also affects the society at large is designated as offence. Section 2(n) of CrPC defines an offence as: “Offence” means any act or omission made punishable by any law for the time being in force
Under the Criminal Procedure Code, offences can be classified on the basis of the following three criterions;
- Cognizable and Non Cognizable offences
- Bailable and Non bailable offences
- Offences which will invoke a summons case and Offences which will invoke a warrants case.
DIFFERENCE BETWEEN COGNIZABLE AND NON-COGNIZABLE OFFENCES
a) COGNIZABLE OFFENCES:
Section 2 (c) of the Criminal Procedure Code, 1973 defines Cognizable offences.
Cognizable offence/case means a case in which, a police officer may arrest without warrant, as per the First Schedule of the Criminal Procedure Code, 1973 or under any other law for the time being in force. Cognizable offenses are usually offenses which are serious in nature. Like for example: Waging or attempting to wage war, or abetting the waging of war against the government of India, Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offenses.
Section 154 of the Criminal procedure Code, 1973 provides that under a cognizable offence the Police Officer has to receive the First Information Report (FIR) relating to the cognizable offense.
b) NON-COGNIZABLE OFFENCES:
A non-cognizable offence has been defined in Section 2(l) of Criminal Procedure Code 1973.
Non-cognizable offence means an offence for which, and `non-cognizable case’ means a case in which, a police officer without any warrant has no authority to arrest. Non-Cognizable offenses are not much serious in nature. Example- Assault, Cheating, Forgery, Section 155 of Criminal Procedure Code 1973 provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate. In case of Non-Cognizable offence, it is important for the police officer to obtain the permission from the Magistrate to start the investigation.
c) BAILABLE OFFENCE
In case of bailable offence, the grant of bail is a matter of right. It may be either given by a police officer who is having the custody of Accused or by the court. The accused may be released on bail, on executing a “bail bond”, with or without furnishing sureties. The “Bail Bond” may contain certain terms and conditions, such as:
The accused will not leave the territorial jurisdiction of the state without the permission of the court or police officer. The Accused shall give his presence before police officer every time, he is required to do so. The Accused will not tamper with any evidence whatsoever, considered by police in the investigation.
The court is empowered to refuse bail to an accused person even if the offence is bailable, where the person granted bail fails to comply with the conditions of the bail bond.
EXAMPLES OF BAILABLE OFFENCE: Being a member of an unlawful Assembly // Public servant disobeying a direction of the law with intent to cause injury to any person. // Obstructing public Servant in discharge of his public functions // Giving or fabricating false evidence in a judicial proceeding // Selling any food or drink as food and drink, knowing the same to be noxious // Causing a disturbance to an assembly engaged in religious worship.
d) NON-BAILABLE OFFENCE
A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.
The court may generally refuse the Bail, if:
“Bail Bond” has not been duly executed, or if the offence committed is one, which imposes punishment of death or Life imprisonment, such as “Murder ” or “Rape” or the accused has attempted to abscond, and his credentials are doubtful.
The application for bail shall be filed before the Magistrate, who is conducting the trial. The application after being filed is usually listed on the next day. On such day, the application will be heard, and the police shall also present the accused in court. The magistrate may pass such orders, as he thinks fit.
EXAMPLE OF NON-BAILABLE OFFENCE:
Murder (S.302) IPC // Dowry Death (S.304-B) IPC // Attempt to murder (S.307) IPC // Voluntary causing grievous hurt. (S.326) IPC // Kidnapping (S. 363) IPC // Rape (S. 376) etc.
Chapter 9: Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. The Supreme Court of India can and has from time to time made certain bailable offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain crimes in the society. The State Government has the power to make certain offences bailable or non-bailable in their respective States.
Types of Bail
With the Constitution of India, there is one basic rule with the law as Bail and not Jail. Thus, everyone who is accused of an offence Civil or Criminal has a right to apply for Bail. Only exception for it is if the said or accused is a repeat offence maker or other is a dire possibility of the fleeing away from justice, intimidating the witness or the crime is grave enough. Bail is the kind of security that you provide to the law for them to release you. It is a surety that you would be available in court as and when required in future. As mentioned before bail is the right, its right to freedom and that must apply for it. There are different categories of bails applicable depending upon the type of charges.
- Interim Bail- is for certain period of time granted before hearing to the prosecution.
- Permanent Bail– permanent in nature and granted only after hearing to the petitioner a well as the prosecution.
- Bail Before Arrest– it is granted when the court feels that the accused is falsely involved in the case and an arrest would affect his honor and dignity badly.
- Bail On Arrest under Section 497 of Cr. Pc. Bail can be granted for both bail able as well as non bail able offences after the accused is arrested against a charge.
- Protective Bail– A bail granted so that the accused can approach the provincial court for getting a pre-arrest bail without touching its merit.
- Directly Approaching Superior Court– the Superior Courts can grant pre-arrest bail in some appropriate cases directly if the accused has been deprived or prevented of approaching lower courts.
- Bail For The Convict– Once convicted, bail is granted to the accused even if the appeal for the same is accepted if court finds that there are considerable grounds for his/her release.
- Anticipatory Bail: The concept of Anticipatory Bail comes into place when the accused may rightfully fear arrest in cases of cognizable offences. Bail is a legal relief that a person may be entitled to in order to get temporary freedom until his case is disposed of. Depending on the gravity of the allegations, a person may be able to avoid arrest altogether. However, there are cases in which arrest is made and the accused is set free as per the provisions of the bail as given under the Criminal Procedure Code. In cases of Criminal cases, especially those pertaining to dowry, anticipatory bail comes as a relief to many accused person. It is literally applied for in anticipation of arrest.
Indian Penal Code
The Indian Penal Code (IPC) is the criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions.
Chapter 10: Summons Case / Warrant Case
Under Section 204 of the code, a Magistrate taking cognizance of an offence is to issue summons for the attendance of the accused if the case is a summons case. If the case appears to be a warrant case, he may issue a warrant or summons, as he sees fit. Section 2(w) of the Code defines summons-case as, a case relating to an Offence, and not being a warrant-case. Section 2(x) of the Code defines warrant-case as, a case relating to an Offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Chapter 11: PIL
Public Interest Litigation is directly filed by an individual or group of people in the Supreme Court of India and High Courts of India and judicial magistrate. It was felt that their interests are undermined by the government. In such a situation, the court directly accepts the public good. It is a new legal horizon in which court of law can initiate and enforce action to serve and secure significant Public Interest.
Chapter 12: RTI
Right to Information (RTI) is an Act of the Parliament of India to provide for setting out the practical regime of the right to information for citizens and replaces the erstwhile Freedom of information Act, 2002. Under the provisions of the Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally.
Chapter 13: Understanding Criminal law in India
The most important element of criminal law is that by virtue of its relief, the liberty and life of a person is at stake. Criminal law in India or elsewhere is majorly state controlled. The machinery of the state is involved in the investigation, prosecution and prevention of offences, as these are considered necessary for the prevention of law and order, which is essentially the function of the state. There are two aspects of criminal law, substantive and procedural. Substantive law consists of the offences defined under the Acts and the punishment prescribed for these offences under the provisions of these Acts. Procedural law sets out the procedure to be followed while bringing the offender to the book. The main criminal law framework is as follows:
- Indian Penal Code – it is a codified law of offences and prescribes the penalty for them. Major categories of offences prescribed are offences against the state, offences by or relating to public servants, offences relating to elections, offences against public justice, offences affecting public health, safety and morals, offences affecting the human body, offences against property and offences relating to documents.
- Criminal Procedure Code – the code provides for the procedure for investigation and trial of offences. The Code classifies offences into two categories, cognizable offence and non cognizable offence. For cognizable offence the police officer may arrest the suspect without warrant. For non cognizable offence a person can not be arrested without an arrest warrant.
- Indian Evidence Act – it is common to both civil and criminal trials and provides for the rules for the evidence in the trials.
Burden of proof: In a criminal case the state continues the prosecution even if the victim is not willing to pursue it further. The nature of relief also demands a more stringent proof said as “beyond reasonable doubt.” “Presumption of innocence” is the cardinal principle of criminal law, which says every person is innocent unless proved guilty. Thus the onus of proof lies on the prosecution to prove the case of the accused. The burden of proof in criminal law shifts to the accused only after prosecution has proved its case.
Chapter 14: Investigating & Law Enforcement Agencies in India
Law enforcement in India is performed by numerous law enforcement agencies. Like many federal nations, the nature of the Constitution of India mandates law and order as a subject of the state, therefore the bulk of the policing lies with the respective states and territories of India.
At the federal level, the many agencies are part of the Ministry of Home Affairs and support the states in their duties. Larger cities also operate police Commissionerates, under respective state police. All senior police officers in the state police forces, as well as those in the federal agencies, are members of the Indian Police Service (IPS).
The central agencies are controlled by the central Government of India. The majority of federal law enforcement agencies are controlled by the Ministry of Home Affairs. The head of each of the federal law enforcement agencies is always an Indian Police Service (IPS) officer. The constitution assigns responsibility for maintaining law and order to the states and territories, and almost all routine policing—including apprehension of criminals—is carried out by state-level police forces. The constitution also permits the central government to participate in police operations and organisation by authorising the creation of Indian Police Service.
Central police forces can assist the state’s police force, but only if so requested by the state governments. In practice, the central government has largely observed these limits. During the Emergency of 1975-77, the constitution was amended (effective 1 February 1976) to permit the central government to dispatch and deploy its Central Armed Police forces without regard to the wishes of the states. This action proved unpopular, and the use of the Central Police Forces was controversial. After the Emergency was lifted, the constitution was amended in December 1978 to make deployment of central Police forces once again dependent on the consent of the state government.
Ministry of Home Affairs:
The principal national-level organisation concerned with law enforcement is the Ministry of Home Affairs (MHA), which supervises a large number of government functions and agencies operated and administered by the central government. The ministry is concerned with all matters pertaining to the maintenance of public peace and order, the staffing and administration of the public services, the delineation of internal boundaries, and the administration of union territories.
In addition of being the cadre controlling authority of the IPS, the Ministry of Home Affairs maintains several agencies and organisations dealing with police and security. Police in the union territories comes directly under MHA.
The Minister of Home Affairs is the cabinet minister responsible for Ministry of Home Affairs, whereas the Home Secretary, an Indian Administrative Service (IAS) officer, acts as the administrative head of Ministry of Home Affairs.
Central Armed Police Forces:
- Border Security Force:
The Indian Border Security Force (BSF) is responsible for policing India’s land borders during peacetime and preventing trans-border crimes. It is a central police force operating under the MHA. It performs a variety of duties ranging from VIP security to election duties, from guarding of vital installations to counter-naxal operations.
- Central Industrial Security Force:
The primary task of CISF is providing industrial security.[better source needed] The Central Industrial Security Force (CISF) is used to guard industrial installations around the country owned by the Central government as well as securing seaports and airports. CISF also provides security to certain NGOs. They provide security for atomic power plants, space installations, mints, oil fields and refineries, major ports, heavy engineering plants, steel plants, barrages, fertilizer units, airports, hydroelectric/thermal power plants and other installations partially or wholly run by the government.
- Central Reserve Police Force:
The Central Reserve Police Force (CRPF) is one of the largest Central Police organisations in the world. Its main objective is to assist and help states and union territories’ law enforcement agencies in maintaining law and order and to contain insurgency. It is also deployed as anti-terrorist unit in various regions. It is even operating abroad as part of United Nations peacekeeping missions. It performs a variety of duties ranging from VIP security to election duties, from guarding of vital installations to the counter-naxal operations.
- Indo-Tibetan Border Police:
The Indo-Tibetan Border Police (ITBP) is one of the five main Central Armed Police Forces, responsible for security along the Indo-Tibetan Border, covering 2115 km. The ITBP personnel are trained in the fields of law and order, military tactics, jungle warfare, counter insurgency and internal security
ITBP is an elite and agile force with a strength of about 90,000 personnel. It is involved in war-time and peace-time duties at the border and the surrounding areas.
- National Security Guards:
The National Security Guards (NSG) is a commando unit originally created for counter-terrorism and hostage rescue missions. Raised in 1986, it is popularly known as the “Black Cats” for the uniform worn by its operators. Like most military and elite security units in India, it is media-shy and the general Indian public is largely unaware of its capabilities and operational details.
The NSG draws its core members from the Indian Army and the balance support staff from various central police units. It is India’s premier counter-terror outfit and is typically deployed in situations that would be beyond the capabilities of regular police units. An NSG team with a dedicated transport aircraft is always stationed at Palam a Airport in New Delhi, ready to deploy in 30 minutes. The NSG has also been increasingly tasked with protection of VIPs. This role has expanded in recent years, as several politicians have come to view NSG protection as a status symbol. This has caused some concern among senior NSG officers and Home Ministry officials.
- Special Protection Group:
The Special Protection Group (SPG) is the executive protection agency of the Government of India. It is responsible for the protection of the Prime Minister of India, and his/her immediate families. The force was established in 1985 after the assassination of Indira Gandhi. It provides the security 24 by 7 all over India to Prime Minister including ex prime Ministers and their Family Members at any location across India.
- Sashastra Seema Bal (SSB):
The Sashastra Seema Bal, formed in the year 1963, is one of the five main Central Armed Police Forces, deployed at the Indo-Nepal and Indo-Bhutan borders. SSB is a dedicated Central Armed Police Force having more than 82,000 personnel. The SSB personnel are trained in the fields of law and order, military tactics, jungle warfare, counter insurgency and internal security. SSB personnel also serve in the Intelligence Bureau (IB), Research and Analysis Wing (R&AW), Special Protection Group (SPG), National Security Guards(NSG) etc. on deputations. The officers start from the level of an assistant commandant (A.C), equivalent to the deputy superintendent of police (Dy.SP) in a state and retire at the rank of inspector general(IG).
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. It is often cited to have been established from The Delhi Special Police Establishment Act, 1946. However it must be noted that it was formed not by the Delhi state government but by the Central Government (Home Ministry) which controls the police in Delhi. The CBI thus, was formed by a mere resolution by the Central government than by legislation. This led to a case whereby the constitutionality of this government agency was questioned in the Narendra Kumar vs Union of India case in the High Court of Gauhati, Assam because the matter of all areas of policing (arrests, searches, etc.) is exclusive to state governments whereas the CBI was formed by the Central government with all the areas of policing when such powers regarding policing, are not given to the Central Government. The Gauhati High Court ruled that despite the lack of legislation, the CBI is a formal and authorized agency of the Central government to carry out policing all across the nation. The case was appealed to The Supreme Court of India which also stayed the High Court order in light of the fact that not only does India need a Central Police Force for policing for better integration in law and order but also the fact that the CBI had helped to carry out several pending cases and led to successes in investigations regarding infamous events such as the Anti-Sikh riots, the 2G spectrum scam, etc.
The Central Bureau of Investigation 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. It is India’s official Interpol unit. The CBI draws its officers from the IPS and IRS officers around the country. It is responsible for investigation into various crimes and national security matters. The agency specializes in investigating crimes involving high ranking government officials and politicians and in some instances, criminal cases that don’t necessarily involve politicians or high-ranking officials, have been referred to the agency for investigation because of media and public pressure because of incompetency from the local police investigations.
- Directorate of Revenue Intelligence:
The Directorate of Revenue Intelligence (DRI) is an intelligence-based organisation responsible for the co-ordination of India’s anti-smuggling efforts. Officers in this organisation are drawn from the Indian Revenue Service (I.R.S.) and the Group ‘B’ gazetted/non-gazetted cadre of the Central Board of Excise and Customs.
- Central Economic Intelligence Bureau:
The Central Economic Intelligence Bureau (CEIB) is an Indian intelligence agency responsible for gathering information and monitoring the economic and financial sectors for economic offences and warfare.
- Directorate General of Central Excise Intelligence:
The Directorate General of Central Excise Intelligence (DGCEI) earlier known as the Directorate General of Anti-Evasion is an intelligence-based organisation responsible for the detection of tax evasion cases related to Central Excise Duty and Service tax. Officers in this organisation are drawn from the Indian Revenue Service (I.R.S.) and the Group ‘B’ gazetted/non-gazetted cadre of the Central Board of Excise and Customs.
- National Investigation Agency:
National Investigation Agency (NIA) is the central agency to combat terror in India. The agency is empowered to deal with terror related crimes across states without special permission from the states. The National Investigation Agency Bill 2008 to create the agency was moved in Parliament by Union Home Minister on 16 December 2008. The NIA was created in response to the Nov 2008 Mumbai terror attacks as need for a central agency to combat terrorism was found. It also deals with drug trafficking and currency counterfeiting. It draws its officers from IRS and IPS.
- Narcotics Control Bureau:
The NCB is responsible for anti-narcotic operations all over the country. It checks the spread of contraband as well as the cultivation of drugs. The officers in this organisation are drawn from IPS and IRS.
Bureau of Police Research and Development (BPRD)
The Bureau of Police Research and Development (BPRD) was set up on 28 August 1970 in furtherance of the objective of the Government of India for the modernization of Police Forces. It is involved in a research, relating to problems confronting the Indian police, the training of different ranks of Police in India, and the introduction of technology at both federal and state levels.
The controlling authority of a state police force is the department of home of the state government. The additional chief secretary (home) or principal secretary (home), generally an Indian Administrative Service (IAS) officer, acts the agency executive of the state home department, whereas the chief minister of the state or the state cabinet minister for home is the minister responsible for the state home department.
Each state and union territory of India has a state police force, headed by a director general of police ranked IPS officer.
The state police is responsible for maintaining law and order in townships of the state and the rural areas.
States such as West Bengal, Kerala, Tamil Nadu and Maharashtra have taken steps to get their police force trained by advanced police training schools notably the Scotland Yard, Atlanta City Police of the USA and the World Police Academy of Canada. The Tamil Nadu state police is at the forefront of advancement with the Tamil Nadu Police Academy which now is seeking university status. Kerala Police is also the first police force in South Asia, to adopt community policing for effective and pro-public friendly initiatives and action.
The Police Act of 1861 established the fundamental principles of organisation for police forces in India, and, with minor modifications, continues in effect. Consequently, although state-level police forces are separate and may differ in terms of the quality of equipment and resources, their patterns of organisation and operation are markedly similar.
The DGP or IGP, answerable to the administrative head of home department of the state, who generally is an IA) officer of the rank of additional chief secretary to state government or principal secretary to state government. Under the inspector general are a number of police “ranges” composed of three to six districts, headed by deputy inspectors general. District police headquarters are commanded by superintendents of police (SP). District superintendents of police (SP) have wide discretionary powers and are responsible for overseeing subordinate police stations as well as specialty elements, such as criminal investigation detachments, equipment storehouses and armories, and traffic police.
Most preventive police work is carried out by constables assigned to police stations. Depending on the number of stations there, a district may be subdivided and, in some states, further divided into police “circles” to facilitate the supervision from district headquarters. Most of the major metropolitan areas such as Mumbai, Kolkata and Madras have Police Commissionerates, working under the state police, headed by commissioners. Police in the states and union territories are assisted by units of volunteer Home Guards, maintained under guidelines formulated by the Ministry of Home Affairs.
In most states and territories, police forces are functionally divided into civil (unarmed) police and armed contingents. The former, staffs police stations, conduct investigations, answer routine complaints, perform traffic duties, and patrol the streets. They usually carry lathis—bamboo staffs weighted or tipped with iron.
Contingents of armed police are divided into two groups, the district armed police and the Provincial Armed Constabulary (Pradeshik). The district armed police are organised along the lines of an army infantry battalion. They are assigned to police stations and perform guard and escort duties. Those states that maintain distinct armed contingents employ them as a reserve strike force for emergencies. Such units are organised either as a mobile armed force under direct state control or in the case of district armed police (who are not as well equipped) as a force directed by district superintendents and generally used for riot-control duty.
The Provincial Armed Constabulary is an armed reserve maintained at key locations in some states and active only on orders from the deputy inspector general and higher-level authorities. Armed constabulary are not usually in contact with the public until they are assigned to VIP duty or assigned to maintain order during fairs, festivals, athletic events, elections, and natural disasters. They may also be sent to quell outbreaks of student or labour unrest, organised crime, and communal riots; to maintain key guard posts; and to participate in antiterrorist operations. Depending on the type of assignment, the Provincial Armed Constabulary may carry only lathis.
At all levels, the senior police officers answer to the police chain of command and respond to the general direction and control of designated civilian officials. In the municipal force, the chain of command runs directly to the state home secretary rather than to the district superintendent or district officials.
Working conditions and pay are poor, especially in the lower echelons of the police forces. Recruits receive only around ₹,9000 per month. Opportunities for promotion are limited because of the system of horizontal entry into higher grades. Allegations of bribery, attributable to the low pay and poor working conditions, have been widespread.
Since the late 1980s, women have entered in larger numbers into the higher echelons of the Indian police, mostly through the Indian Police Service system. Women police officers were first used in 1972, and a number of women hold key positions in various state police organisations. However, their absolute numbers, regardless of rank, are small. Uniformed and undercover women police officers have been deployed in New Delhi as the Anti-Eve Teasing Squad, which combats sexual harassment against women (“Eves”). Several women-only police stations have also been established in Tamil Nadu to handle sex crimes against women.
State police is headed by an IPS officer in the rank of director general of police (DGP) is assisted by 2 or more additional director general of police (ADG). Other DG rank officers head autonomous bodies which are not under the direct control of DGP such state police Recruitment Board, Fire Service, Police Training etc.
State forces are organised into Zones which consists of 2 or more Ranges and Zone of more importance is headed by an additional director general of police (ADG), while other zones are headed by a inspector general of Police (IG).
Ranges consists of several districts and Range of more importance is headed by an inspector general of police (IG), while other ranges are headed by a deputy inspector general (DIG).
District of more importance is headed by a senior superintendent of police (SSP), while other districts are headed by a superintendent of police (SP).
In case SSP is heading the district, then he/she is assisted by two or more SP’s. If SP is heading the district then he/she is generally assisted by one or sometime two Additional SP’s.
Each district is divided into sub-divisions or circles and will be under the command of a Deputy superintendent of police (DSP).
Each sub-division is made up of several police stations under the command of an inspector of police who in turn is assisted by sub-inspector (SI’s) and assistant sub-inspector (ASI’s). As per the various Indian laws, Sub-Inspector (and above) are the only officers who can file a charge sheet in the court.
District superintendents of police (SP) are not empowered as executive magistrates, in districts, the district magistrate and collector (DM or collector), who is an IAS officer, exercises these powers, such as promulgating Section 144 of the Code of Criminal Procedure (CrPC) and granting arms licenses.
Criminal Investigation Department:
CID is constituted in each district under a deputy inspector general for the purpose of collating and distributing information regarding organised crimes.
Anti – Terrorist Squad (ATS):
The Anti-Terrorism Squad (ATS) is a special police force in several states of India including Maharashtra, Gujarat, Kerala, Uttar Pradesh, Rajasthan and Bihar. In Maharashtra it is headed by senior IPS officer Vivek Phansalkar  The squad has stopped several terrorist attacks in the country.
ATS was founded in Maharashtra in 1990 by then Additional Commissioner of Mumbai Police Aftab Ahmed Khan popularly known as A.A. Khan. He was inspired by the Los Angeles Police Department’s Special Weapons & Tactics (SWAT) teams methods to combat modern-day terrorism. Since its formation in 1990, ATS’s officers have won 23 gallantry awards. The Mumbai ATS was involved in the 26 November 2008 hostage rescue operations in multiple locations in Mumbai, Maharashtra including the 5 star hotels Taj and Oberoi Trident. After the attacks, it also started appointing children (ages above 12) as officers of ATC, particularly in Mumbai, and were given training as undercover.
The ATS was formed on December 1990 and helped reduce the crime rate in Mumbai by 70%. However, there were many human rights violations by the squad, from extreme means of torture to public shootings. Following the 1991 Lokhandwala Complex shootout on 16 November 1991 and many more encounters, the organization was terminated in January 1993. The leader of this program, A.A. Khan, was transferred as the ICP Anti Naxalite division to Nagpur on 29 January 1993 following the termination of the program. One month later on 12 March 1993 the Bombay blasts occurred, and the crime rate has increased since then.
As per the information available on the official website of Mumbai Police, ATS was created by the Government of Maharashtra, vide G.R. No. SAS-10/03/15/SB-IV, dated 8 July 2004 The stated objectives of ATS are:
To gain information about anti-national elements working in any part of Maharashtra
To co-ordinate with central information agencies like the IB and RAW and exchange information with them
To co-ordinate with similar agencies of other states
To track and eliminate activities of mafia and other organized crime syndicates
To detect rackets of counterfeit currency notes and smuggling narcotic substances
The chief of a police commissionerate is the police commissioner. Reporting to the police commissioner are the joint police commissioner, deputy commissioner of police and assistant commissioner of police.
Commissioners of police and their deputies are empowered as executive magistrates, and hence are empowered to promulgate Section 144 of the CrPC and to grant arms license.
The majority of police commissionerates are subordinate to the state police, the exception being Kolkata Police, which directly reports to the Department of Home of West Bengal government.
Highway police and traffic police in the small towns come under the state police, but traffic police in the cities come under the metropolitan police and state police. The traffic police are responsible for maintaining the smooth flow of traffic and stopping offenders in the city or town, Highway Police are responsible for securing the highways and for catching speeding offenders. Accidents, registrations, vehicle data are all looked by the traffic police
State Armed Police Forces:
The State Armed Police Forces are organisations which provide the state with policing in particularly violent or serious situations. Such forces are involved with combating banditry and Naxalites. Like the Central Armed Police Forces, they are sometimes known unofficially as “paramilitary forces”. Each state police force maintains its own State Armed Police Force (known by names such as Provincial Armed Constabulary (PAC), Special Armed Police, etc.) which is responsible for emergencies and crowd control issues. They are generally activated only on orders from a deputy inspector general, and higher-level authorities. The armed constabulary do not usually come into contact with the general public unless they are assigned to VIP duty or to maintain order during fairs, festivals, athletic events, elections, and natural disasters. They may also be sent to quell outbreaks of student or labour unrest, organised crime, and communal riots; to maintain key guard posts; and to participate in anti-terrorist operations. Depending on the type of assignment, the Armed Police force may carry only lathis or lethal weapons.