HV

A 43
DOCUMENTS
DEPT,

IRLF

FOR CIRCULATION AMONG TEACHERS AND

STUDENTS ONLY

HISTORY
OF

Police

Organisation in India
AND

Indian Village Police

Jlelny

select

Chapters of

the

Report of the

Indian Police Commission, for 1902-03

PUBLISHED BY THE UNIVERSITY OF CALCUTTA

With

1U-

Pur mission of

Ike

1913

Government of Iml la

FOR CIRCULATION AMONG TEACHERS AND

STUDENTS ONLY

HISTORY
OF

Police

Organisation in India
AND

Indian Village Police

select Chapters of the Report of the

Indian Police Commission, 1902-03

Being

PUBLISHED BY THE UNIVERSITY OF

With the Permission of the Government of India

1913
.

Printed by Atulchandra Bhattacharyya,

AT THE

CALCUTTA UNIVERSITY PRESS

Senate House, Calcutta.

BOCUMENTS
DEPT.

" Of
its

by

the branches of the public service in India, the police,

all

history and traditions,

is

the most backward in

its character.

may be traced to the feudal obligation of the landowners to maintain, by means of an underpaid and disorderly

Its origin

semblance of order on their

rabble, the
its earliest

antecedents

the constable has

the

of

still

The

the reputation,
history

The

taint of

morale of the lower ranks

affects the

inherited

fairfcui'Jaz.

estates.

the

of

if

not the

methods,

Indian Police

under

marked by a series of attempts to introduce more

advanced standards of conduct and integrity, and to raise the
British rale

is

tone of the

force

by improving the pay and prospects

members.

The

labours of

the Commission

of

latest

these

efforts

is

represented

appointed nearly

The reforms proposed by them extend

to all

of

its

by the

three

years ago.
grades of the Police ;

they leave untouched no detail of its organization ; and they are

planned on a scale more comprehensive than has ever been deemed

The present condition of the public revenues

has enabled the Government of India to accept the main proposals of the Commission, and to provide at once a large propor-

feasible in the past.

tion of
to

the cost of carrying

give full effect to the

them

out.

It will take a long time

scheme, and longer

still

before

its

larger

The reconstruction of the Police

purpose can be visibly fulfilled.
is, indeed,
merely a step towards the improvement of the adSuccess in that higher
not
on
the
qualifications and training of
depend
only
the force, but even more on the honest co-operation of the people
themselves in the work of reform ; on the adoption of higher
ministration of criminal justice in India.

aim

will

on the diffusion of general education, especially

on the growth of genuine public spirit
in its primary branches
and most of all perhaps on
and a sense of the common good
ethical standards

the

decline

healthy and
practice

of

of

faction

and the discouragement, by a

more courageous
resorting to the

public

opinion,

of

the

machinery of the criminal

908

more
vicious

courts in

order to gratify private animosities.

As

the

popular conscience

Governor General in Council hopes

that the great undertaking, the initial stage of which is now approaching completion, will alleviate evils which affect in varying

developes in these directions the

classss

of

degrees

all

benefits

commensurate with

its

inception

and will confer upon the people

the labour and thought devoted to

society,

and the immense outlay which

its

exertion will

entail."

Government of India's Home Department Resolution, dated the 21st March, 1905.

lines

Chapter of the Report sketches in broad outIt shows how

the history of police organization in India.

The

first

the indigenous systems of police, based upon the responsibility

of the landholders or the village communities, were gradually

modified
series of

by the progressive intervention

experiments in

different

of the State

how

provinces culminated in the

comprehensive reorganization effected by the Police Commission

of 1860; and how the arrangements then introduced and improved from time to time, as Provincial resources admitted, fall
short at the present day of the higher standard of efficiency which

modern conditions demand.

In their anxiety to emphasize the necessity for further reform
mention the important correspondence and inquiries which, beginning in 1888, led to a
the Commission have omitted to

large number of valuable improvements in the establishment

and working of the police, involving the addition of considerable
sums to the public expenditure, and laid, down recommendations
for further reforms which,

though the conditions of the finances

would no

at the time rendered it difficult to give effect to them,

doubt have been brought into operation had the resources of the
State been able to bear the cost.
Among the conclusions and

recommendations of Lord Lansdowne's Government in 1890 were

the following

:-*-

(1) that the

less
(2),

net pay of constables should be fixed at not

than Rs. 7 a month

that the pay and position of investigating and inspecting officers should be greatly improved, and that

deserving inspectors
eligible for

(3) that

of

appointment

Police should be considered

to the Provincial Service.;

a reform in the system of selecting gazetted

officers (assistant district

was necessary

superintendents of Police)

that the

(4)

District

supervision

work

the

of

exercise closer

subordinate magis-

with the object of avoiding delays

trates, especially

in the disposal of cases

(5) that measures

should

Magistrates

over

should be taken to strengthen the law

with respect to the prevention of offences ;

(6) that

Crown

the

should

criminal prosecutions

be properly represented in

forms exhibiting the results of

police action should be revised and improved, so as
to enable a proper comparison to be made between

(7) that the

statistical

those results in different provinces.

The establishment

of provincial training schools for the police

Lord Lansdowne's Government; and the question of

the
police, and training them in the use of fire-arms,
arming
was dealt with by them in a comprehensive manner. One of the
was due

to

most important reforms that have been introduced in regard

the

superior

officers,

viz.,

the

was

element mainly in England,

to

recruitment of the
also

European
brought into operation

during the same administration.

In view of these carefully considered attempts

of

the administration

the

Department,

the

to

improve

Government

of

India are unable to endorse the opinion, expressed in paragraph

27 of the Report, that the efficiency of the police has been
sacrificed

to

financial considerations.

Of

the

measures

now

advocated by the Commission many of the most important had

already been accepted in principle, and considerable progress
had been made in bringing them into operation. If it has now

been found possible to deal also with the pay and grading of the

European officers, the administrative organization of the force, the

railway police, the river police, and the important questions of
criminal

investigation

investigation

lately

area of practicable
Government

of India's

and

intelligence,

this

is

because the

undertaken has exposed to view a wider

and necessary reform.]

Home Department

Resolution, dated tne 21*t March, 1905,

to

of

The indigenous system of police in India was very similar

both were organized on the basis
that of Saxon England
land tenure, and just as the Thane in the time of King Alfred
:

was required

to produce the offender or to satisfy the claim, so in

India the zamindar was bound to apprehend all disturbers of the

public peace and to restore the stolen property or make good its
value.

Under the

large zamindars were a

whom

tenure-holders, all of

of subordinate

were required in their degree to

and to bear for the areas of

duties

perform police

number

their charges

the responsibilities which rested upon the zamindar for the whole
there was, as a rule, the joint responsibility
; and, finally,
of the villagers, which could only be transferred if they succeeded
in tracking the offender to the limits of another village.
This
estate

village

was enforced through the headman who

by one or more village watchmen. These

responsibility

was always

>

assisted

latter were the

real

executive

police of the country.

Although

rule, only one watchman for the village, he was,

when necessity arose assisted by all the male members of his

there was, as a

family,

by the other

and in some cases by the

His duties were to keep watch at

village servants,

whole village community.

night, find out all arrivals and departures, observe

and report

all

suspicious persons to the

man

to note the character of each

in

headman.

the

all

strangers,

He was
and

village,

if

requird

a theft

were committed within the village bounds, it was his business to

If he failed to recover the stolen
detect the thieves.
property, he

was obliged to make up the amount of the value of it so far as his

moans permitted, and the remainder was levied on the whole
"The exaction of this indemnity/'' wrote Mountstuart
village.
Elphinstone, "is evidently unjust, since the village might neither
be able to prevent the theft, nor to make up the loss, and it was

only in particular cases

but some

fine

that

was generally

it

was

levied,

insisted

on to

its full

extent

and neglect or connivance

was punished by transferring the inani of the patel or watchman

to his nearest relation,

by

fine,

by imprisonment

in irons, or

by

severe

This responsibility was necessary,

corporal punishment.
as besides the usual temptation to neglect, the watchman is often

himself a thief, and the patel disposed to harbour thieves, with a

view to share their profits/'' To ensure greater protection than
the village police were able to afford, payments were often made
to the leaders of plundering tribes to induce them to
prevent

depredations
in

day

tration

many
of

"kotwal,"

their

by

a system which obtains to this

followers,

In large towns the adminiswas entrusted to an officer called the

parts of the peninsula.

the

police

who was

usually paid a large salary, from which he was

required to defray the expenses of a considerable establishment of

police.

In Poona,

for

example,

the kotwal received Rs. 9,000

a month, but he had to maintain a very

large

establishment of

peons, some horse patrols, and a considerable

number

while he was also answerable for the

of

value

of Ramosis,

property

stolen.

His appomtm3nt, however, was considered a lucrative one, as the

pay of his establishment was very low, and both he and his
subordinates supplemented their salaries

by unauthorised exactions

from the inhabitants.

9.

The following

from the edict framed by Abul

extract

Emperor Akbar, shows that the Mogul

of
followed
closely on the lines of that indigenous
system
police
to the country.
The system of mutual security is almost identical
Fazul, Minister of the

with that which existed in England in Anglo-Saxon times and

was continued by the Normans

"The kotwal s

of cities, kusbahs,

towns and

villages, in conjunc-

tion with the royal clerks, shall prepare a register

and buildings of the same, which registers

lar description of the inhabitants of

of

each habitation.

become security for another; so that they

for the other.
reciprocally pledged and bound each

shall

the

houses

shall include a particu-

One house
shall all be

They

be divided into districts, each having a chief or prefect, to

shall

whos?

Secret intelligencers
superintendence the district shall be subject.
shall keep a jourwho
or spies shall be appointed to each district,
nal of local occurrences, arrivals and departures, happening either
by day or night. When any theft, fire or other misfortune

**

may

happen,

render immediate assistance

the neighbours shall

especially the prefect and public informers, who, failing to attend

on such occasions, unless unavoidably prevented, shall be held

No

responsible for the omission.

person

permitted to

be

shall

travel beyond, or to arrive within, the limits of the district, with-

knowledge of the prefect, the neighbours or public

Those who cannot provide security shall reside in a

out the

informers.

abode, to be allotted to them by the prefect of

place of

separate

the district and the public informers.

number

certain

of persons in each district shall

by night the several

to patrol

streets

and

be

appointed

environs of the

several

taking care that no strangers infest

and
especially exerting themselves to discover, pursue
apprehend robbers, thieves, cut-purses, etc. If any articles be
cities,

towns, villages,

etc.,

them, and

stolen or plundered, the police

the

criminal,

or, failing

must

to do

restore the

produce

articles,

become responsible for the

so,

equivalent."

The system

10.

described above was no doubt well suited to

the needs of a simple, homogeneous, agricultural

however
strain

effectual it

of

political

may

have once been,

it

community; but

could not support the

and the relaxation of control from

disorder

Extortion and oppression flourished unchecked through all

gradations of the officials responsible for the maintenance of peace

above.

and

Both

order.

even the higher

village

officials,

watchman and the heads of

ders in return for a share of the booty.

the stolen proper ty or

if this

to

the

its

Their

value

very

called

for;

liability to restore

proportion

of

Munro, "are themselves thieves

its

or

value

when a more

and offenders who

any property could always purchase

large

and

offen-

was disregarded

Fines were imposed

owner.

punishment was

possessed of

"A

make good

obligation was enforced, neither the property nor

was restored
severe

villages,

connived at crime and harboured

were

their

liberty.

the taliaris/' wrote Sir

Thomas

all

the kavalgars are either them-

employ them, and many of them are murderers;

and though they are now afraid to act openly, there is no doubt
that many of them still secretly follow their former
practices.

selves robbers or

Many
Many

potails

and kurnams

also harbour thieves.

offenders are taken, but great numbers also escape, for

connivance must be expected among the kavalgars and taliaris,
who are themselves thieves and the inhabitants are often back;

ward

in giving information

from the fear of assassination, which

was formerly very common, and sometimes happens on such

* ^W here crimes have
occasions.
long
been encouraged by the weakness of Government, by the sale of
pardons, and by connivance wherever persons of rank were concerned, no reformation can be looked for but from

the

operation

of time and the certainty of punishment."

This was the state of things which the British found in

existence on their assumption of the older provinces of the empire.
11.

The remedies adopted by them

differed

somewhat

provinces, but the general lines of reform in

all

in different

were to retain the

system and to improve the machinery for supervision.

The first step in this direction was to relieve the zamindars of
village

their

liability

ment

which was commuted for a payIt was found that instead of protect-

for police service,

of enhanced revenue.

ing the inhabitants of their estates, these landowners had grossly

abused the authority entrusted to them for that propose.
"They
extorted and amassed wealth, which was dissipated

The

of

in

a jealous

weapons which were

magnificent pageantry.
intended for the enemies only of the State were tur:i?d against
the State itself, and against each other, and were used for plans
rivalry

or public plunder.
aggrandisement, mutual ivvjage
It was sometimes with difficulty that the regular or standing
army of the State could restrain the insolence, or subdue the

of

personal

insubordination, of these intestine rebels

place

and robbers."*

was accordingly taken by the Magistrates

of

Their

districts,

who

with suborpolice purposes a staff of darogas,

and a body of peons. The charge of a daroga

had under them for

dinate

officers

was on an average about 20 miles square; he had immediately

under him from 20 to 50 armed burkundazes, and all the watch-

men

of the village establishments were subject to his orders.

* East India Judicial Selections, Yol.

I, p.

154.

He

a reward of Rs. 10 for every dacoit apprehended and

was granted 10 per cent, of the value of all

received

convicted, and he

In
provided the thief was convicted.
cities the office of kotwal was continued, and a daroga was appointed for each ward of the city. At a later period special regulastolen property recovered,

tions were

made

for the police of cities, the cost being levied

from

the
by an assesment on each house and shop.
Considerable reforms were also effected in the administration of
inhabitants

criminal justice and a more mild and rational system of trial and

punishment was substituted for the cruel and

the Native Governments.

The

12.

results of these reforms,

methods of

partial

were far from

however,

There was a marked increase of crime everywhere ;

and murders, accompanied by the most atrocious and

satisfactory.

robberies
deliberate
dacoits
sive

cruelties,

were of

frequent

occurrence

roamed unchecked about the country

native

phrase,

The causes were not

"the people

gangs of

and, in the expres-

did not sleep in tranquillity."

difficult of discovery.

The

police

establish-

ments were inadequate for the prevention of crime now that the
gratuitous assistance which was formerly required from numerous

and castes was no longer insisted upon a much higher

degree of proof was required by our Courts, and the criminal
soon learnt how difficult it was to secure his conviction ; a limited
classes

term of imprisonment was substituted, in the case of offences

other than murder, for the punishments of death, often in a cruel
form, mutilation or indefinite or perpetual confinement which
were formerly in force, and were often, in the case of serious
crime such as dacoity, inflicted on the spot without any form
of

trial.

knew

Finally

if

he were convicted and sent to

jail,

the criminal

that he would be comparatively well treated and no longer

be compelled by torture to restore the stolen property. "Though

the natives put up with petty disorders," said Mountstuart
Elphinstone, "they checked great ones with a

rough hand and

gave themselves no concern about the attendant evils ; if robberies

were committed, they seized all the suspicious characters in the
neighbourhood, and if they succeeded in restoring quiet they did

not care though a hundred Ramoosees suffered imprisonment or

Such a course would not be thought
torture without a fault.

Government; but we must consider how much our

from
such tyranny must weaken us and must provide
abstaining
"
a remedy in some more suitable shape.
of under our

Lord Wellesley began

13.

causes

of the

early as 1801

in

inquiries

into

the

peace and order in Bengal so

Madras a committee of police was appointed

failure
;

to institute

to preserve

with the same object by Lord William Bentinck in 1806 ; and

1813 the Court of Directors appointed a special Committee of

in

own body

an inquiry into the administration of

In 1814
justice and police in tbe Company's territories in India.
condemned
the
the Court issued orders on the subject.
They
their

to institute

establishments of darogas and their subordinates, and they insisted strongly upon the maintenance of the village police as forming
in every village the best security of internal peace.
They pointed

out that the village police secures the aid and co-operation of the
people at large in the support and furtherance of its operations,
because

it is

customs

organised in a

that any system

police of the country

which

mode which adapts

to

their

management

of the

not built on that foundation

must

the

for
is

general

itself

be radically defective and inadequate ; and that the preservation

of social order and tranquillity never can be effected by the feeble

few darogas and peons stationed through an

extensive country, wanting in local influence and connection with

operations

of

the people, insufficiently remunerated to induce

respectable

men

beyond the sight and control of the

surrounded
with various temptations to betray
and
Magistrate
to accept the office, placed

their trust.

The Court,

therefore, directed that measures should

be taken to re-establish the village police, agreeably to the usage

of the country, and that where it was in a neglected condition it
should be restored to

its

former

efficiency.

The Court

anticipated

measure a reduction of the greater part of the daroga

establishment and also of the police corps then maintained.

from

this

They were opposed

to investing

zamindars generally with police

11

powers, as that measure had been tried and had failed in Bengal,
but they agreed to such authority being given in particular cases
of approved respectability

and willingness to co-operate in promoThe Court finally directed that

ting the views of Government.

the duties of
transferred

Magistrate and the control of the

from the

Munro and Mr.

out these
tion

Zilla

Judge

should be

police

Sir

to the Collector.

Thomas

Stratton were appointed Commissioners to carry

instructions

in

Madras, and on their recommenda-

Madras Regulation XI of 1816 was passed

for the

purpose

of establishing, a general police system throughout the presidency.

The system which was then introduced was thus described by Sir
Thomas Munro "We have now in most places reverted to the
:

old

police of the country, executed

by

village

watchmen, mostly

hereditary, under the direction of the heads of the villages, tahsil-

dars of districts and the Collector and Magistrate of the province.

The establishments

of the tahsildars are

employed without

distinc-

tion either in police or revenue duties, as the occasion requires."

was given to the views of the Court of

Directors by Regulation XII of 1827, which established a system
"founded chiefly on the ancient usages of the country/'
of
In

Bombay

effect

police

that adopted in Madras.

At the head of the police was the Collector and Magistrate, aided
next came the mamlatdar or tahsildar, whose
by his Assistants ;
and
establishment of peons was used indifferently for revenue
or
and below the mamlatdar was the patel
village
police purposes ;
all the
duties
on
to
authorised
was
who
police
employ

and similar in

all essential particulars to

officer,

revenue servants of the village.

a certain area around it were at

Criminal

The head-quarters
first

placed, for

station

police

Judge, but this arrangement

and

purposes,

was soon

under the
abandoned as unworkable. The general superintendence of both
the Court of Sudder
criminal justice and police was vested in
Faujdari Adawlut.

In Bengal, owing mainly to the permanent settlement and

the consequent absence of the subordinate revenue establishments
found in Madras and Bombay, it was impossible to abolish the

12

darogaand

men, but some attempt had been made in 1811

by removing from his cognizance all

his

to curtail his powers for evil

complaints of petty offences as well as

That

14.

later,

this

measure produced

but meanwhile

step taken in 1808, as

special

improvement will be
necessary to notice an important
little

marks the

it

control.

or,

of Police

it is

first attempt to introduce

was the appointment of a
as he would now be called, an
Inspector-

and expert

Superintendent
General

bailable offences, such

and the like.

as forgery, adultery

shown

of

for

This

the

Divisions of Calcutta, Dacca and

was constituted for the purpose of
concentrating information obtainable from different parts of the
country, with a view to more extensive and concerted operations

Murshidabad.

This

office

for securing the peace,

and especially for the discovery and seizure

The Superintendent, who himself held the

gangs
office of Magistrate of the
24-Pergunnahs, was given what may
of

of dacoits.

be described as a superior concurrent criminal jurisdiction with

the several District and City Magistrates, and was directly subject

Nizamut Adawlut.
f*e had the
power to
and
with
the
aid
of
he
worked
informers
grant pardons
largely
and spies (goyendas), thus
foreshadowing the methods used so
successfully at a later period by Colonel Sleeman in his campaign
to the authority of the

against the crime of thagi.

The

results obtained

by the Superintendent of Police, especially in the suppression of dacoity, were

so satisfactory, that in 1810 the system was extended to the
Divisions of Patna, Benares and Bareilly, the first being placed
under the existing Superintendent and an additional Superin-

tendent being appointed for the

other

two.

The system

of

working with informers was, however, warmly attacked, and as

warmly defended. A number of goyendas were found guilty of
having themselves committed dacoities with the connivance of
the police, but it was maintained that the risk of such incidents

was far outweighed by the benefits conferred by the system,

under which dacoity had been completely stamped out in some
districts and greatly reduced in all.
In

1829

Divisional

Commissioners, or

Commissioners of

Revenue and
and the

over

the

The

office

Circuit, as they were called,

of Superintendent of

office

partly because

13

were

Police

appointed,

was then abolished,

retention would have involved

its

first

a dual

control

Magistrate, but mainly on the ground of expense.

of Magistrate was at the same time transferred from

the Judge to the Collector, and the Collector-Magistrate became

the head of the police, while the functions of Superintendent

were performed for each Division by the Commissioner. These

changes were followed by a deterioration in the state of the
of crime, especially dacoity.
police and an increase
15.

The

the affairs

Select

of the

Committee appointed

in

1832 to report on

East India Company collected much valuable

on the subject of the police administration. The

subordinates were shown to be corrupt, inefficient and opnressive,
information

while the superior

owing

officers,

to the

multiplicity

of

their

Four
duties, were unable to exercise an adequate supervision.
years later, after the renewal of their Charter, the Court of
Directors drew
police,

attention

and expressed a

to the

improvements called for in the

"no financial considerations

desire that

should be allowed to stand in the

way

of a change

so

urgently

required/'

No

immediate action was, however, taken anywhere

except in Bengal, where a committee was appointed for the
purpose of drawing up a plan for the more efficient organization
16.

In their report, submitted in 1838, the

committee expressed a general concurrence in the view that the
transfer of the superintendence of police to the Commissioners
of the

mofussil

police.

want of uniformity in its direction and management, since each Commissioner treated general questions according

had resulted

in a

to his individual views

and that without uniformity or control

a conclusion which is of

no real improvement could be effected

interest in connection with

that

took place

present

time.

developments in police administration

Bombay and continue to the

at a later date in

No

definite

recommendation was made on

this

subject; but Mr. (afterwards Sir Frederick) Halliday, in a

Miniute of Dissent, proposed, among other sweeping reforms

whole force should be placed under the control of a

Superintendent General, with four covenanted officers as Deputies,

that

the

and a Superintendent and an Assistant Superintendent for each

district
a scheme of organization which was introduced almost

some 25 years later. Nothing, however, was done

at the time, and it was in Bombay, ten years later, that the first
in its entirety

steps were taken along the path of reform.

17.

of Sind

After the annexation

in 18-J3, one of the first

measures undertaken by Sir Charles Napier was the organization

Napier took as his model the Irish

of a regular police force.

Constabulary,

the

as

circumstances

the

of

newly

conquered

province required a semi-military rather than a purely civil force.

The most important feature, however, in which the new force
differed

from the

police

of the

rest of the

country

was

in its

being a separate and self-contained organization, its officers having no other functions to perform. This characteristic of the

system attracted the attention of Sir George Clerk, the Governor

Bombay, who visited Siud in 1847. He attributed the un-

of

satisfactory condition of the

Bombay

police to inefficiency

in

its

superintendence, and he was quick to see that the Sind method

a remedy for this defect.
In 1853,

of organization provided

therefore, the

Bombay

police

was remodelled, the leading features

reform being the appointment to every district of a

Superintendent, who, while generally subordinate to the Magis-

of

the

trate,

had exclusive control over the

police

the

every tahsil of a native police officer, holding

(tahsildar) the

same

relation^ as those

to

appointment to
the mamlatdar

between the Superintendent

and the Magistrate and the transfer of the supreme control

over the police from the court of Faujdari Adawlut to the
;

Government

was the w^eak point in what was otherwise an ex<--llent scheme, for the Government control devolved
upon th< .ludicial Secretary, an arrangement which proved*unsatisfaclory

of the police

was

This

last

and was abandoned

was transferred

in

to a

1855,

when

the administration

Commissioner

of

Police,

the

new

who

also Inspector of Prisons.

18.

Madras was the next province

to acloyt

police.

15

The Torture Commission

abuses in the working

of

1855 had brought

of the police in

that

to

the witnesses before the Commission stated that

the

great

light

One

presidency.

police

of

was

a terror to well-disposed and peaceable people, none whatever to

and that if it was abolished in toto the saving
thieves and rogues
;

of expense to

Government would be great and property would be

Another witness deposed

it then was.
had
become
the bane and pest of
establishment
that the police
and the origin of half the
society, the terror of the community

not a whit

less

secured than

misery and discountent that existed

Government.
revenue

and

the

subjects

of

The Commission recommended the separation

of

functions

police

among

and the placing of the

police

establishments under independent European officers, who would

be able to give their undivided time and energies exclusively to

The Madras Government accepted these

views and recommended the appointment of a Superintendent of
Police for each district, adding that it would probably be found
the control of the force.

necessary

the large

eventually
districts,

to

have two

Superintendents in some of

an anticipition that has undoubtedly been

by subsequent experience. They also strongly advocated

the appointment of a Commissioner of Police for the whole

verified

the success of the scheme would largely depend

whole
force being efficiently supervised by some central
upon the
These proposals were accepted by the
controlling authority.

presidency, as

Court of Directors, and a Bill was drafted by Mr. J. D. Mayne

It had been the orginal intention of the
to give effect to them,

Government

of

Lord Harris

to

deprive the

Magistrate of

all

was passed
Sir Charles Trevelyan had become Governor of Madras, and it
was decided that the Superintendent should be placed under the
executive control over the police, but before the Bill

orders of the District Magistrate.

The

dingly and was passed into law as Act

Bill

was modified accor-

XXIV

of 1859.

On the annexation of the Punjab in 1849 a police force

19.
was organized somewhat on the lines of the Sind police. It
consisted of two branches
a military preventive police and a
civil detective police.

During the time of the Mutiny

this force

16

contributed greatly to the restoration and preservation

of

and comparatively large bodies of military

raised

police

were

order

in

the other provinces of Bengal, while the Punjab force was

largely
The heavy expenditure involved proved a serious

increased.

and

1860 the Government

India urged on
Punjab
necessity for a general
of
the
and
a
reduction of the cost. The quesreorganization
police
financial burden,

the

Government

in

of the

of

the

tion was accordingly taken up by Sir Robert

Montgomery, who
had in the previous year carried out the reform of the police of
Oudh. The necessity for reform, however, was not confined to

the Punjab and in August 1860 the Government of India appointed a commission to inquire into

administration

in

whole question of police

British India and to submit proposals for
the

increasing the efficiency and reducing the excessive expenditure.

This Commission recommended the abolition of the military
police as a separate organization,

and the constitution of a single

force of civil constabulary for the performance of all

homogeneous
duties which could not properly be assigned to the military arm.
To secure unity of action and identity of sj-stem the general
management of the force in each province was to be entrusted
to

an Inspector-General.

The

police in each district were

to

be

under a District Superintendent, who, in the large districts, would

have an Assistant District Superintendent, both these officers
being Europeans. The subordinate force recommended consisted
of Inspectors, head constables, sergeants and constables, the head

being in charge of a police station and the Inspector

No mention is made of any police officer
of the rank of Deputy Inspector-General, but the Commission
constable

of a group of stations.

recommended that Commissioners

of Divisions should cease to be

Superintendents of Police,

it

though

not intended to limit in any

way

was explained that

their general

criminal administration, or their authority

control

over

it

over

was
the

District Magis-

On

the subject of the relations between the Magistracy

and the police their conclusions were that no magistrate of lower
trates.

grade than the District Magistrate should exercise any

functions, but that in the case of the District Magistrate

police
it

was

J7

to deprive the police

inexpedient

and the public

of

his valuable

and supervision in the general management of

police matters.
The Commission submitted a Bill, based on the Madras Police

aid

Act, to give effect to these recommendations,, and this was passed

Act
of 1861.

into law as

The

"20.

police

of the

forces

various

with the

provinces,

organized on the general lines laid

Bombay,
down by the Police Commission of 1860, though there has
been some divergence therefrom in matters of greater or less
exception of

are

Thus, in

importance.

General

is

assisted

still

the

all

by one

or

provinces,

large

more Deputies.

the Inspector-

In some instances

the Commissioners of Divisions have been given definite authority

in the matter of appointment, discipline
for this purpose

General.

come

have been appointed

considerable

and general

ex-afficio

body of military

into existence, but the

control,

and

Deputy Inspectorshas

police

again

Burma and

bulk of them are in

Assam, where circumstances of a special character render their

employment necessary. In most provinces, too, the subordination of the Superintendent to the District Magistrate has been
carried

much

further than the Commission

contemplated.

bv section

13 of the District

tendent and his

Police

staff are placed

Act,

who

the lawful orders of the Commissioner."

as he

General, or Police Commissioner,

been

abolished

existence had produced

duties attached

Commissioners.

to the

in

1860,

friction

post

the District Superin-

"under the command and control

of the Magistrate of the district/'

dency, had

and the Legislature

This has been most noticeable in Bombay, where,

in

turn

The
was

is

"subject to

office of

called

Inspector-

in that presi-

on the ground that its

and the

in the administration,

were transferred to the Revenue

This arrangement continued in force until 1881,

James Fergusson, the then Governor of Bombay, pointed

when
to the laxity of police administration and its irregular and uncerSir

and urged the necessity for the appointment of some

His views, however,
definite official head of the department.
the Government until
of
were not accepted by the other members
in the following
1884, and an Inspector-General was appointed
tain action,

18

But large powers of direction and control were still left

with the Revenue Commissioners, and the expressed intentions

year.

Government

of the

of India,

same position in regard

that these officers should hold the

to police adminstration as in Bengal,

never been completely carried out.

When the new police was first constituted
largely drawn from the commissioned ranks

its officers

of the Native

have

were

Army,

but for various reasons this source of recruitment became gradually

closed and police officers were appointed by nomination pure and
This method of selection was condemned by the Public
Service Commission, and since 1893 recruitment in most provinces

simple.

has been

by competition in England, by competition in India,

and by the promotion of

officers

already in the public service.

No account of the Indian Police would be complete

81.
without some reference to the Thagi and Dakaiti Department,
which owes its origin to the determination of Lord William
Bentinck to suppress the

terrible

crime of thagi.

commenced

Systematic

and Captain
Sleeman w^as placed in charge of them five years later. His own
description of his method of working is well known, and a very

operations for this purpose were

in 1830,

Guided probably by Mr.

Blaquiere's success in suppressing dacoity by means of spies and
informers (goyendas), which has already been referred to, he

brief

notice

of

it

will

suffice

here.

developed that system still further by enlisting the services of

convicts who were willing to give information in return for a

The rapid success of the operations was remarkable, and

pardon.
in a comparatively short time thagi had ceased to exist as a
In 1839 the
systematically organized and widely spread crime.
task of dealing with dacoity was added to the duties of the department. On the recommendation of the Police Commission of 1860
the department was

abolished as

special

agency

territory as soon as the organization of the police

provinces was sufficiently advanced to admit

of

in
it.

in

British

the

several

Since thaf

time operations have been confined to the Native States in Rajputana and Central India, and to Hyderabad, though an agency
existed in Baroda from 1871 to 1883.
The department deals only

19

with

With purely

which has ramifications

dacoity

organized

local

crime

it

is

over

India.

At one time

not concerned.

it

undertook the control of operations for the settlement and reclamation of criminal tribes, but it now no longer exercises any
control over these.

who has

Its staff consists of a

General Superintendent,

Assistants and subordinate establishments in Rajputana,

It acts also to some extent as a

Central India and Hyderabad.
central office of criminal intelligence for the whole of India.

In the foregoing paragraphs the history of police organifrom its* foundations in a system of village

22.

zation has been traced

and joint responsibility, through the changes

introduced with somewhat disastrous results by the early British
administrators, down to the reforms that were carried out about

and

local

police

the year 1860.

of

tions

ment

the

modifications

examined.

the

whole,

these

of

among

The
wise

other

how

considered

reforms

those

the popular estimation of

and tbe
be

now be

It will

authors

the police

required

that

in

fulfil;

conditions will

1860

It

was,

has failed

extent

the

expecta-

be discussed

will

changed

by

system introduced
and efficient system.
reasons

far the

have failed of

to

on
for

which the

must co-operate with the regular police has

village police
been lost sight of, and an attempt has almost everywhere
been made to do all the police work through the officers
department; that the importance of police work has
been under-estimated, and responsible duties have ordinarily
of

the

been entrusted to untrained and ill-educated

officers recruited in

the lowest ranks from the lower strata of society

sion has been defective
staff

owing

necessities

that

to the failure to appoint

contemplated by the law and to increase that

growing

of administration

staff

supervi-

even the
with

the

that the superior officers

department have been insufficiently trained and have been

allowed from various causes to get out of acquaintance and sympathy with the people and out of touch even with their own
of the

subordinates

and that

their

sense

of

responsibility

has been

weakened by a degree of interference never contemplated by the

authors of the system. .

II
This

Chapter of the

the

that

village

it

is

of

paramount

importance to develop

lay

and foster

They go on

for police work.

available

agencies

important and

the

Here the Commission

subject of the village police.

difficult

down

with

Report deals

to

sketch the history of the village police in the different provinces

of India

and to notice the'extent

administration.
tions

Thus they

lead

to

which

up

to the specific

untilised in police

it is

recommenda-

(1)

That the

responsibilities of the village

the performance of village police

watchman

for

should

duties

be

recognized and enforced in every province, and that

watchman should be a

the village

subordinate

to

the village

servant,

village

headman and not

to the

regular police.
(2)

That the supervision and

should

be

entrusted

control of

to

the

(o)

That the regular

watchmen

periodical

or

Collector

Commissioner and his subordinate

headmen

village

Deputy

officers.

attendance of

at the police station

is

village

unnecessary and

undesirable.
(4)

That

it is

offences
.that,

expedient
to

where

to relegate

village
this

the

of

trial

petiv

headmen and panchayats, and

system does not

exist, it

should be

cautiously and experimentally introduced.

The Government of India agree entirely with the principles

enunciated by the Commission.
They have invited the local
Governments to undertake a careful review of the village sytems
of the provinces with reference to

the possibility of

them from decay by rendering them more

and reporting of crime.

the

prevention

may

best be effected by conferring

upon

preserving

efficient

This,

the

it

agents in

would seem,

village

officers

defined status and powers to to deal judicially with certain kinds

Their dignity and authority will thus be greatly

offences.
enhanced, and they will be enabled to relieve the regular criminal

of

courts of

trivial

cases.

The

question,

however,

is

so

closely

connected with the systems of land tenures and village organization, which differ from province to
province, that it will

probably have to be dealt with by

separate

legislation

for each

province.
Government

of India's

Home Department

Resolution, dated the 21st March, 1905,

The Commission

are strongly convinced

of carrying on an efficient
official

policemen only.

aid of the village

of

view

the

impossiblity

by means of

absolutely essential to secure the

is

This

community.

Government point
expense of

police
It

of

administration

is

it

is

necessary from the purely

impossible

to

support

the

a force which would be adequate to obtain informathe extensive area and among the

tion regarding crime over

vast

of India, without securing the co-operation and

population

enforcing the responsibility of the village authorities.

also

from the people's point of view

sary
establishment
vexatious

by the

required

could

and intolerable

be

even

maintained,

to the people.

if

It

is

neces-

the expensive

it

would

be

Constant interference

on village life, constant visits

of the lowest grades, constitute an intolerable burden

police, constant espionage

of officials

and vexation to the people. It is immeasurably better to utilise

and develop the village agency for reporting crime, to leave the
people, as far as possible, to dispose of petty

and

selves,

been

limit interference

to

failure

the

matters for

them-

villages where there has

of responsibility

in

respect

of

serious

enough

to

of fact, the assistance rendered by the people

in

in

discharge

reporting, or to cases in

demand

to

which the matter

is

interference.

As a matter

There is
police administration is generally said to be valuable.
not
as
a
that
the
are
rule
inclined
people
undoubtedly evidence
investigations, and that the reporting of
But in respect of reporting of
not wholly satisfactory.
crime, the evidence is general, that it is ordinarily petty offence*
Sometimes it happens that the persons
that are not reported.
to aid the police in

crime

is

responsible for reporting are interested in suppressing the

report

and are consequently willing to run the risk of punishment

serious offences are duly
for not reporting; but ordinarily

gation

As

to

the attitude of the people in regard to investi-

of offences

and the detection of offenders, thre can be no

reported.

doubt that

widely from the attitude of the people of

people of India are not generally actively on the

it differs

England. The
law and order

side of

unless they are sufferers from the offence,

generally at the very best one of silent neutraare not inclined actively to assist the officers of the
lity ; they
law.
But, on the one hand, it must be remembered that the

their attitude

is

not been nearly

conception of public interest and public duty has
On the other hand,
so fully developed in India as in England.
it

must be remembered that

entail

tion

a police investigation always

must

some measure of worry and annoyance, that the prosecucases involves interruption of village work and of easy

of

village life

and often

also very considerable trouble

and expense,

and neutrality have been

of police and
character
defective
the
greatly strengthened by

and that these inducements to

silence

work.
magisterial
O
If a

Force

Constabulary
in

made

"

Report of the English

Commissioners/'' presented to Parliament

be

reference

will be seen

how

to

the

necessity for

"throwing away good

" the trouble and
expense
prosecuting,
money
which are sustained in pursuing and apprehending felons," and
the fact that "the expense, trouble and loss of time in cases of mis"
demeanours, are frequently more mischievous than some felonies,
are assigned as "the motives to withhold information or abstain
1839,

it

after

bad "

from prosecution

"

in

and the causes of the

" in

failure

to secure

"the

The perusal
police work.
community
of that report inspires the Commission with hope that, if police
reform in England, initiated by Sir Robert Peel, has converted
general support of the

the state of things described therein as existing sixty years ago

into the state of things now existing in that country, earnest
efforts to

reform the police of India

incalculable

remark

benefit.

that,

may

in

Meanwhile, however,

despite

the

evidence

due time produce

it

is

sufficient

to

regarding the occasional

non-reporting of offences of a serious character and the more

report petty offences, and of the

want of the
cordial co-operation of the people in police work, which is largely
due to such causes as have been indicated, vet there is a mass
general failure

to

of evidence that.,
is

where the responsibility of the

enforced and their services are

immense

The

value.

best

village authorities

utilised, their co-operation is of

and

magisterial

witnesses

police

testify to the valuable aid the village authorities give in reporting

crime, in investigating offences and not infrequently in

The

offenders.

Commission

desire

strongly

to

arresting

recommend

development and more full utilisation of this valuable agency.

It is an agency the duties and responsibilities of which are in
usages and are well
It forms generally a sound basis

Indian traditions and

accordance with

understood by the

people.

for

administration.

efficient

police

Its

employment

will save

much unnecessary and vexatious interference,

while securing an important link between the police and the

the people from

people.

It will be

extent

provinces
the

in

of

ryotwari

village

convenient at this

India.
area,

to

notice

is utilised

briefly

the

in the different

Madras presidency, throughout

the headman is the revenue head of the
In

the

but in Malabar and South Canara, and in a measure

Tanjore

Government

to

village

headman,

of

the

also,

IV and

office

was the

meet administrative

1816

(cf.

Madras Act

assisted

of simple civil suits

placed

stage

which the village agency

to

the village

artificial

creation

of

npcessities.

of

Regulations
1889) empowered the

sometimes by a panchayat, to dispose

value.
Regulation XI of 1816

of small
police

under heads of villages whose police

(in regard both to reporting and investigating offences)

were defined, and also invested them with criminal powers in

duties

Several changes in the direction of more formal

have been introduced in regard to emoluments, here-

certain cases.
definition

but the provisions of these regulations are

in force. Though the popular character of the system has been

ditary succession,
still

etc.,

prominent of late, the village headmen in this presidency are in a more efficient state and, in districts where the
matter receives due attention, relieve the general administrative
perhaps

less

machinery of the work of deciding petty disputes both civil and

criminal to a far greater extent than in any other part of India,

25

The

work

civi]

the}^

do

of great importance; but

is

work that the Commission

criminal

it is

with their

are concerned.

In

901,

10,735 cases, involving 17,047 persons, were disposed of by village

headmen

in their

work as

their

police

watchmen)

village

capacity as

very considerable.

is

officers

magistrates, and

village

though

(with the assistance of taliaris or

admittedly ca] able of improvement, it is

of the reports of crime at police stations

Most

from village magistrates through taliaris and not

and without the help of the village
beat-constables;

are received

from

the

authorities

regular

police

could effect comparatively

little.

had been drawn to the unsatisfactory position of

Attention

village officers in zamindaris or permanently-settled estates. This

matter became the subject of legislation in 1894. The provisions

Act II of 1894, which seem well considered and generally

sound, have not yet been fully applied and practically tested

of

the results to be anticipated are of great interest and importance.

In

Bombay

the village police were placed under the

District

1852 by orders which fully repay careful perusal

of the reforms then ordered were pronounced in 1861

Magistrate in

The

results

"most satisfactory"; and in 1867 the Village Police Act

(Bom. VIII of 1867) was passed, which explains in detail the

to be

There

duties of the village police.

for each village (very rarely

is

for a group of villages) a police patel

hereditary.

All

land or (rarely) by cash.

in
in

by
Deccan

Gujerat
the

and subordinate to him are

appointments are more or less

The patels are remunerated by grants of rent-free

the village watchmen.

The

grants

by

these

village

of

land

grants of

by perquisites paid by the

the village police do not a

or

land

villagers.
little

watchmen
cash

and

are remunerated,

allowances,

cash

and

allowances,

The evidence shows that

good work, and that

this

system
admirably adapted to the conditions of the country and should
be retained at all costs.
The first and most important reform

is

require

and

is

their

necessary

made

a thorough revision of the village police establishments

emoluments.

in this-

Generally speaking, revision will

watchmen.

be

Proposals were
direction by a Committee appointed in 1873; but

only in the case of village

20

these were too

of

The

expensive.

Ahmedabad

for

the

lines

adopted by the Collector

gradual re-adjustment

of

and the revision of the establishments of that

Government Resolution No.

emoluments
district (ride

3rd January 1900) are

more reasonable, and might well be followed mitlafix hnifninlix
Another reform is to improve the patels by
in other districts.
dated

9,

insisting on the

appointment of suitable men, by a more liberal

provisions of the Village Police Act, by which they

use of the

can be empowered to dispose of petty cases, and by rewarding

good work. What is required is to take up the work of reform
It is not desirable that one system should be
systematically.
applied to every district

not be attempted by

fits

but

and

it is

desirable that the reform should

starts,

but persisted in systematically.

In regard to Sind the evidence is strong that it has been in

accordance with the customs and traditions of the province for
zamindars and landowners to
efforts

Landowners are beginning

sibilities

of their
their

assisting in

position

but that consistent

scheme

for enforcing

relations.

to lose sight entirely of the responin respect

of reporting

and

offences

Several officers of experience have

detection.

spoken strongly of the

the

assist the police,

have not been made to maintain and foster these

now introducing any

impracticability of
that responsibility.

On

the other hand,

Commission have had very strong evidence that

it is

not

too late to introduce or maintain

a system whereby the zaminheadmen should be responsible for

and village of tribal

reporting offences and assisting the
dars

cated in

the

of opinion

there
its

Criminal Procedure

that such a
in the

is

evidence

in the

menner

indi-

The Commission

are

is
necessary in Sind, and that
circumstances of the province to justify

system

nothing
being regarded as impracticable.

that the

police

Code.

reveals

the

They

existence

in

are also of opinion

Sind of a body of

landowners who might be largely utilised in the inOne point that must
vestigation and disposal of petty cases.
be insisted on in regard to these landowners (great or small) is
influential

that they must not be placed under the police, burdened with a
number of miscellaneous duties, or treated with harshness or

2?

indignity

in

respect

too frequently

of

made the

They must be

headman an

by the

recognized

The tendency

work.

their

office of

to this has

elsewhere.

offence

and

his

mahal,

an

District Magistrate

subordinates as honourable co-adjutors.

In the United Provinces, the revenue unit

is

or consisting of a

the

number

of plots

land either compact

which one engagement is taken for the payment of revenue.
If the mahal is the property of more than one person, the

area

of

for

managenient may either be

hands of one of them, or

the

in

groups of sharers may be in separate possession of their own

shares.
In the Eastern districts separate possession is the rule
in the Western districts joint management still holds its own.
;

For administrative reasons the engagement for the revenue

was taken from the representative of the body of proprietors ;
and but for the fact that partition has produced a large number
of

small

the lambardar would ordinarily have been

mahals,

an

His appointment is generally regarded as

influential person.
hereditary, and, as a rule, he receives as remuneration 5 per cent,
He has had no responsibility for
of the revenue collections.
administration as lambardar, though under the Regulain force until 1862 he shared the responsibility of other

criminal
tions

proprietors.

of

the

several

The

responsibilities are

Criminal Procedure
proprietors

in

each

responsibility for information

ment

of

headmen were

defined

by

In

many

cases

Code.
village

power appointing a headman

now

section

45

there

are

but that section gives the

to each village,

and

so

fixing

the

on one man. Rules for the appointunder that section in January

issued

1895, the object of which was clearly that the lambardar should
ordinarily be the headman, and that in case of his non-residence,

an influential resident, approved by him and the other proprietors,

The police were to have " no authority
should be appointed.

whatever over village headmen.

required to investigate crime or
while they are investigating it.
scheme has not been successful
hastily and

carejessly jjjade

village

headman must not be

dance attendance on the police

His duty is to report/'' This

to

because the appointments were

an4 the

lists

of

inukhiyas,

as

thee'e

38

headmen were
position

called, included menials, criminals

standing even

or

was at fault

the system

headman and

own

in their

no

Besides this,

villages.

making the

in

and men of

of

responsibility

village police officer to coincide instead of

the

making

In 1900, ciders issued for the

of mukhiyas; but the evidence

the former superior to the latter.

careful

of

revision

the

lists

clearly shows that revision has not gone far enough, and the
average mukhiya is still a man of little or no influence. It

seems to the Commission that the remedy is to carry out

intention that it should be the exception for a
mukhiya to be other than a lambartlar. In villages where there

the original

tenants

are

of

large

padhans (selected by
etc.), these

holdings who are also mukaddams or

a proprietor to assist in collecting rents,

might be appointed mukhiyas

In

lambardars.

resident

other

as agents of

the

of non-residence,

cases

nonthe

lambardar, non-resident though he be, should be held responsible

that the chaukidars or village police officers do their duty.
The
if
the
of
land
and
certain
implies
possession
responsibilities
;

owner does not

ments

The

as

will

live

on the land, he should make such arrangethe

insure

of

discharge

orders of 1900 also contained a

these

responsibilities.

provision directing

investi-

and
mukhiya
gating
not only secure his aid but also his signature in token of agreement and of the non-existence of any cause of complaint. The
evidence before the Commission show s that this method of formal
take the

police officer to

into his confidence

association of the

headman with the

police cannot succeed.

The

headman should undoubtedly assist the police, but it is hopeless

to attempt to use him in this way as a formal check on their
proceedings.

reporting to
It

is

that,

The
tha

chaukidars'

police,

and

duties

certain

are

watch

limited powers

and ward,
of arrest.

Suffice it to say
unnecessary hereto discuss these in detail.
on the whole, the evidence, shows the chaukidars to be

a very useful body of men.

In the Central Provinces, the malguzari system of tenure

The headgenerally prevails, but there are also ryotwari tracts.

man

in every village

is

the mukaddanij whtose duties are defined

141

in section

which
village

Central

the

of

29

Provinces

Land Revenue

Act,

makes him responsible for the administration of the

and places the village servants under him. In malguzari

is appointed mukaddam, except when

bad character, or is a woman and unIf the lambardar is nonable to do the duties of mukaddam.

the

lambardar

the

villages,

lambardar

he

resident,

of

is

is still

mukaddam, but has

appointed

to appoint

mukaddam gomashta (who is either a paid agent or

a ryot), whom he must remunerate properly, generally by remitThe remuneration of this mukaddam
ting part of his rent.
a

resident

the
gomashta requires further attention. In ryotwari villages
Thus for every village there is a mukadpatel is mukaddam
dam. No remuneration is required, as the lambardar and patel
The police duties
are both remunered for their revenue duties.
.

of the

mukaddam

confined to reporting crime and assisting

assisted (as in his other duties) by

are

In these

the police.

lie is

kotwar or village watchman. These duties are well performed; and generally the position of the mukaddams and
the

kotwars

is

interested),

the Deputy

settlements to
;

who

are

punishment and dismissal of these officers rests with

Commissioner or Collector. The police have no

control.

position

(subject to the consi-

claims and of the wishes of those

deration of hereditary

direct

The appointment

satisfactory.

Advantage has been taken of the revisions of

reduce the number of kotwars and improve their

and the recent period of famine and

distress has afford-

ed them opportunities of confirming the impression that they

are a valuable body of officers.

In Berar the system

ryotwari
village

tracts

of

is

very

Bombay

officers are, as

much

like that prevailing in

and the Central Provinces.

the

The

a whole, efficient aids to the district police

matter of reporting crime; but the jaglias or village

watchmen are reported to be unsatisfactory in their police work.

in

the

This seems to be mainly due to the failure of revenue officers to

sufficient importance to this part of the village servant's

attach

duties.

It

would not be an appropriate remedy to bring them

Neither does the Commission approve of
police.

more under the

30

the proposal to appoint village panchayats to check

reporting
officers
or
to
information
which
village
supply
they suppress.

panchayats with

associate

some of

their duties

village

headmen

in the discharge of

often be expedient and popular, but

may

appoint them as spies or informers would be a

The Commission strongly approve of the proposal

to

fatal mistake.

for

liberal

headmen and watchmen who do good work.

system of rewards to

for

by
To

In the Punjab responsibility for the peace of the village and

In some
reporting crime rests primarily on the lambardar.
the province, where there are more lambardars there

of

parts

is

from among them an ala-lambardar (or chief headman).

But under arrangements made at more recent settlements, the
selected

number of ala-lambardars

being gradually reduced. The lambar-

is

dars are, therefore, regarded as jointly responsible for the perfor-

mance

of their

Besides

duties.

village of his circle,

one

tribe, or villages

also

prevention
that

of

modification;

but

officer,

He

affinity.

investigation and

the arrest of criminals, and sees

in

All these

their duty.

The

remuneration.

and

the

in

assists

offences,

offences

headmen do

a superior

is

which have some connection or

certain

reports

these there

w ho supervices "the headmen of the

which includes, as far as possible, people of

called zaildar or inamdar,

receive

officers

regular

system does not seem to require great

would be much improved if reduction

it

in pursuance of a scheme were made in the number of lambardars

The Commission would also
in most districts of the province.
like

see

to

the

employment

of

zaildars

They think that

cases.
disposal of petty

and headmen

this should

in the

be experi-

and gradually extended.

chaukidari
the
system seems to be workAs to village watchmen,
the
in^ well, and should be interfered with as little as possible
in

mentally introduced

selected

areas

orders of
to the

of
proper working

districts,

West

All that is required

1 898 seem adequate.

the

Frontier Province, the institution

council)

is

used to

settle

regarded as a valuable

disputes

institution

by

off to

of

form the North-

the

and punish
the

careful regard

In the frontier

village system.

most of which have been separated

is

jirga (or
offences.

tribal

It

is

Chief Commissioner

31

new

the

of

Punjab

and the Lieutenant-Governor of

province;

inclined

is

at

to have

least

it

parts of his province which are really parts of

and perhaps

In Burma, owing
disturbed

the
of

officers

nous

village

in

passed

various

to

the

the

1887.

Its

causes, mainly connected with

features

essential

that

system,

this

districts,

districts.

country and the misapprehensions

the

state of

regarding

To remedy

frontier

extended to some of the northern

also

the

maintained in those few

was

system

of

the

indige-

subverted.

being

Upper Burma Village

led

success

the

Regulation was
Chief Commissioner to

propose a similar measure for Lower Burma, which was passed

This Regulation and this Act are
into law as Act III of 1889.

based on the two cardinal principles that (1) every village must
have a headman, appointed under the Regulation or Act, residing
in the village or so close to
his

own person

and

the duties

(2) every village

can efficiently perform in

on
the headman by the law;
imposed
it

that he

headman should be

responsible for the collec-

and should get the whole

The new law has worked successfull by in

tion of the revenue in his jurisdiction,

commission.

of the

It only remains to complete the

both Upper and Lower Burma.
settlement of the remuneration of the headmen in some districts

of

Lower Burma

to

be

in accordance with a

scheme which

is

gradually
The gain in
being introduced and is now well advanced.
adminstrative efficiency is universally admitted to be great and

more than commensurate with the increase

new law

defines the duties of village

in work.

The

headman, which include the

reporting of certain offences, arrest of certain offenders or suspicious characters, and the disposal of complaints in petty cases.

The

provision regarding the grant of enhanced powers to certain

selected

work.
(or

headmen operates also as an encouragement to good

The headmen are controlled by the Deputy Commissioner

Collector)

commended

and

his

subordinates.

Year after year they are

and the

for their ready co-operation with the police

work they do is of great value. The principal reform required

and the Local Government is
is to aim at educating them
;

doing something toward-s

assisting in the education of the rising

32

assisted

The headmen

headmen.

of

generation

by se-ein-gaungs

of rural police

(or

Lower Burma are

men) who are a kind

in

ten-house

and the headmen

Upper Burma

in

are assisted by
ywagaungs or agents in outlying hamlets. These are not remuThe Commission have no proposals to make in this
nerated.

The system of village police is suitable and only requires

Some witnesses objected to the enforcement

matter.
careful

working.

of village responsibility

by the fining

of

villages

but the Com-

mission assertained that these

of the careful
in Circulars 17

limitations

and

witnesses were generally ignorant

prescribed by the Local Government

18 of 1896

Lower

Burma) and in
Upper Burma). The provisions of the law, if worked on the lines laid down by the Local
Government, seem to the Commission to be consistent with
and 41 of 1896

Circulars 40

Burman

(as

to

(as to

and sentiment, and not

traditions

to

be

inexpedient.

In Assam there are three systems at work.

or elective

Tracts there are hereditary

sible to report

occurrence of

the

In the Hill

headmen who

heinous

offences

are respon-

and are em-

powered to deal with petty cases. The system seems to be suited

In the Assam
to these localities and to be working fairly well.
gaonbura or headman

Valley, the
officer

to

is

be made responsible for

undoubtedly the village

efficient reporting of crime.

The Chief Commissioner has submitted

to the

Government

India reasonable proposals for remunerating gaonburas

It

of rent-free land.

duties with

more

reporting of

all

is

necessary

precision,

cognizable

also

to

holding them

define

of

by a grant

their

responsible

offences other than petty.

police

for

the

There are

no chaukidars in the Assam Valley ; crime is very light, and the

local opinion is against the
appointment
population orderly and
:

of chaukidars.

the

members

themselves
ponsibility
village,

the

of

to

The Commission
the
assist

village

the

are

of opinion that so long as

community

are prepared to arrange

in the

gaonbura
discharge of his resreporting offences and keeping the peace of the
establishment of a separate agency at their expense

for

need not be insisted on.

But they should regard

this

fail to render the necessary assistance.

table, in case they

as inevi-

In the

38

Surma Valley

and Goalpara there is practically the

The Chief Commissioner has his

districts

of Bengal.

chaukidari system

and the most important point

for consideration seems to the Commission to be how far landow-

attention directed to

this

system

and held

ners are to be utilised

for co-operation in

responsible

There was considerable evidence that, if landowpolice work.

ners were associated with the panchayats in reporting, and if the
best of them were empowered to dispose of petty cases, great

would

advantage

result.

Gaonburas

might

tx?

similarly

utilised.

The
village
last

village police in

and

system

century.

is

Bengal

partly

In parts

partly derived

from the old

the result of British rule during the

of

Bengal,

Bhagalpur, Burdwan and Orissa

the

including

Patna,

Divisions, there were consider-

In Chutia Nagpur, parts

and some Bengal districts there were numbers semimilitary officials remunerated for their services by military fiefs.
In Northern and Eastern Bengal the village system does not
able traces of the old village system.

of

Orissa

appear to have existed

the

of

creation

and the village watch there

the police,

lost the control of

section

the British Government.

13 of Regulation

the

XXII

village

When

is

mainly

the zamindars

watchmen were (by

of 1793) declared subject to the

newly-appointed darogas and became dependent

on the regular police, though they remained in some respects the
orders of the

private

servants

of

the zamindars.

At

the

same

time

the

zamindars were held responsible for giving information of crimes

and for helping to arrest the perpetrators. The system is stated

" utter
to have failed from the
inability of the public authorities
to secure the co-operation of the people in the

the

law."

This was largely

ascribed

to

administration

of

"the power of the

landholders and their local agents, whose reign, silently acquiesced

in, extends to every house in every village of the country, and

whose influence
law,

just

interests."

as

is

may

used in support, of, or in antagonism to, the

appear to be most advantageous to their

The attention which was drawn

of the system led in

1869

to the

to the great defects

appointment of a Committee t0

the

reconsider

whole question and to draft a

of the village police, based on

the

principle

Bill for the

of

reform

confirming

the

municipal character of the rural police and providing the simplest

possible means of ensuring the regular and prompt payment of

This Bill became law as Act VI (B. C.) of 1870.

wages.
"
This Act
was framed in a spirit of entire trust in the village

their

community, and it was hoped that, when the control of the

village police was placed in the hands of the villagers themselves
a sense of self-interest would induce them to co-operate honestly
and cordially in the detection of crime, and that a sense of
justice would induce them to see that the village watchman was
this

Although
the system did not work well
regularly

Commission

recommendations

1892.

of

This

of the law,

the

and

finally to the passing of

Act

Act was introduced by Mr. (now Sir Henry)

who pointed out

Cotton,

suggested the appointment

Police),

with

some improvement,
1881, Mr. Munro, C'.B.

led to

whole question.
The
of this Commission, submitted in 188-3, led to
deal

to

amendments

certain

Act

and in

Inspector-General of

(then
of

paid."

that

it

introduced a modification of the

principle underlying Act VI (B. C.) of 1870, that the control

He remarked
of the village police was to rest with the villagers.

" the inhabitans of a

village

administration in any respect,

have no

still less

claim to a municipal
have they any claim to

For the discharge of such duties the highest

the
low
possible qualifications must be secured, and when

control the police.

calibre of the

police

constitute

village

panchayat

is

con-

the

stated at the
local

men who

advantage appears to be wholly on the side of a

administration by the Central Government/'
It was

sidered,

same time

knowledge

of

the

that

it

was intended

chaukidars

by

to

retain

the

necessitating their being

residents of the village in which they are

employed.

The main

Act were that, though the panchayats might

nominate chaukidars, the power of appointing them, determining
their number and fixing their salary, Avas vested in the District
provisions of the

Magistrate.

He was

also

empowered,

badly done, to appoint a tahsildar or

if

he

thought collection

Government

collector of the

The chaukidars were

chaukidar tax.

ment

and paid by

officers

to be

punished by Govern-

appointed by "the

officers

The aim

ing any failure in the performance of duty.

legislation, as well as the demand of police

was

before,

regular

though not yet

introduced,

to

appointed

then

Since

supervise

The panchayats

also

now

may

system

certainly not a system

It

is

whereb}

legalised,

of

a dafPadar

is

of about 10 to 20 chaukidars.

than formerly,

areas

However necessary

men.

better

has been

system

peculiar circumstances

the

in

this

reformers for years

the

daffadari

represent larger

the object being to secure

be

the

work

the

of

police into closer touch with

to bring the village

police.

Government,

panchayat consisting in report-

the only control exercised by the

of

Bengal,

this
it is

village police as generally understood.

more of the nature of a low-paid regular constabulary with

the one small redeeming feature

own

each

that

constable

resides

in

village

and must be more

or less subject to the influence of

village opinion.

The Commission

are not prepared, in view of the

his

of

history

case and

the

\vh )lly

and delintelv

that

lias

is

it

general trend

the

proceeded on a misconception of
can claim to control

whether the co-operation

not

is

of

the

opinion,

But they consider

The j:oint
principle.

condemn the system.

to

not whether a village

work

of official

of

the

village
if

value,

highest

its

own

police,

community
not,

in

but

police

indeed, absolutely

and the Commission have very grave doubts whether

the Bengal system has not been too extensively introduced.

essential;

There

is

clear

weigh tly evidence that the means of securing

and

co-operation

village

exist

at all

in certain rarts of this

events

and where they exist, advantage

;
them, whether by employing landholders or

province as in the rest of India

should

be

taken of

leading ryots

separately

attempt made to do this

the

able provisions of

ha\e been given to

also

the

or as

members

law.

village

fair

trial

system.

formed the impression that, with

there

is

in this

of

panchayats.

The

in 1870 was marred by certain unsuit-

can

hardly be said to

The Commission have

some striking exceptions,

too little interest in village police displayed by Collectors

province.

The appointment

of

panchayats

is

a matter

36

which demands the

closest

his

The Commission

subordinates.

failure of the

panchayat

lack of interest.

from
the

all

of

the

If

least as

are disposed to attribute the

some measure

present

panchayat or

members employed

in

some

headmen employed

in

other

its

they desire to see

from convinced that

There

is

it is

object of the

police system

is

are far

hopeless to aim at securing this object

body of evidence that the assess-

maximum pavment of
and that the Principle of

heavily on the poor; that the

fails too

for

village

The Commission

also a large

one rupee a month should be

payment

to be maintained thev

is

system

to secure the co-operation of the

people.

ment

at least to this

setting aside of the panchayat

ehaukidars as a most serious defect in

The main

parts of India.

in Bengal.

the District Officer and

They regard the

like to see the

measure at

system in

over the

control

system.

would

attention

protection

raised

appears to demand a certain assessment

on lands in possession of resident and non-resident owners as on

Some of these are matters on which the Commission

houses.

do not

feel called

on

to

matters which the Local

express an

opinion

Government should

but they

are

all

carefully consider

proceeding to prescribe the definite rules fur assessment

and revision of assessment which are undoubtedly required.
Returning now to the general consideration of the subject,

before

Commission desire to record the strong impression that has

been made on their minds in the course of this inquiry of the
the

paramount importance of maintaining and fostering the existing

village

available

agencies

this question, the

tion,

that

the

for

Commission

police

desire

work.

\Vith reference to

emphasise their convicnot

to be separated from the
village police ought
to

and placed under the regular police. They

not
a
see,
body of low-paid stipendiaries or subordinate
police scattered over the country, but the utilisation of the
The village is the unit of administration.
village agency itself.
village organisation

desire

to

Improved administration lies in teaching the village communiThe village

ties to take an active interest in their own affairs.

community

is

represented

and
by its headman
must be based on the recognition

(ordinarily)

elective nolice administration

He

and enforcement of the responsibility of the headman.

man who

the

can

should

induence

be

the

help

really

strengthened

in
police should look for co-operation

the

basis of

police

and

it

his

is

to

work.

their

is

and

position

him that the

This

the

is

of section 45 of the Criminal Procedure

provisions

Code, which make the headman responsible for the communicaforthwith

tion

concerning

offences

(subject to rules

District Magistrate

to

ment)
section,

Magistracy or police of information

and offenders, and empower the

the

to

certain

appoint

headmen, for the purposes of this

no such headman appointed by any other

village

where there

is

The Commission consider

la\v.

made by the Local Govern-

it

to be

of

vital

importance

headman, and to
whatever
name he may be
by

to emphasise the responsibility of the village

hold

the

village

officer,

police

known, responsible rather as the subordinate of the

and his servant for the performance of police
headman
village
functions.
The village headman for police purposes ought, as

locally

far
of

as

possible, to be the

man

recognized as headman in respect

the revenue and general administration of the village

that

is

impossible,

influence

the

in

maintain

and

necessary

to

acknowledge

The

he ought to be a

of

where

position

and

and the District

Officer ought to
and
influence.
It is
position
strengthen
a
in
him
and firmly to
large discretion
repose
his respectability and authority in the village.

village;

his

officer

police

village

man

ought

to

be

servant-

village

holding his own place in the life of the village, the subordinate
of the village headman, who must be regarded as primarily
responsible

for

crime

in

the village.

The intimate connection

and association of both these men with the people must be

Both should discharge their duties as representing
maintained.
the village community, and as
district.

To

place the

village police officer

the station-house officer would be to subvert

essential

principles,

people

head

of

the

under the thumb of

the

system

in

its

to get out of touch with the people in their

customs, usages and interests, and often to

the

the

to

responsible

over the respectable classes.

place

The

the

village

dregs

of

watchman^

38

would become the menial servant of the

police and probably
become unscrupulous in his methods.
He would work apart
from, and often against, the village head.
His intimate
knowledge of village
a very inferior police

subordinate

to,

would be

lost,

Both the

officer.

and he would become

village

must be regarded

officer

police

village

affairs

as

co-operating with, not

the regular police.

In almost every province of India the

man who

sible for the discharge of village police duties

head of the
This

village, or the

It

satisfactory.
in

representative

a state of things which

is

matically
render him

suitable

remuneration of the headman

influence

be

to

respon-

also the revenue

of the revenue head.

revenue duties, and

man whose

most

is

is

Commission regard as most

the

provides for the

connection with his

the

headman and the

it

indicates

and position

auto-

in the
village

invested with responsibility in

The lambardar in malguzari villages

regard to police work.
or the patel in ryotwari villages is the best man to appoint as
headman

for

dars one of

purposes.

police

these

Where

be selected,

there are several lambar-

either

by election by the
lambardars or by the appointment of the head of the district, to
This was the course wisely
be the headman for police purposes.

may

Thomas Munro, when he proposed to appoint

(or managing mirasidars elected from time to
in the Tanjore district.
headmen
It is also the
be
Sir

adopted by

the nattamkars

time) to

which has been adopted

course

Where

lambardars

the

or

in

some parts

proprietors

are

of the Punjab.

non-resident,

the

responsibility for making satisfactory arrangements for a substiThe efforts now being made, for
tute ought to rest on them.

example in the United Provinces

of the village

The great

system

defects

in

to revive this important feature

ought to proceed on some such principle.

the efforts made here and elsewhere to

sound system of village police have been their want

If a
of clearly-defined principle and their spasmodic nature.
sound system were fairly re-established, it would exercise a
establish a

beneficial

which

this

more powerful probably than any reform

Commission can propose ; and the success which has

influence

attended the re-introduction of such a system in Burma and the

efforts made to restore or strengthen it in other parts of India is

most encouraging.
In this connection, the Commission
grouping of
unit for

The

villages.

administration, and

village

the

is

tin'

true unit in revenue

therefore, ordinarily the most

is,

To group

administration.

police

would deprecate

appropriate
to contends
villages

fuse and eventually

It
destroy the old village arrangements.
or
to
to
find
be
suitable
men
however,
sometimes,
impossible
may
provide adequate remuneration, without grouping together two
If this is so, then the inevitable must
or more small villages.

There are small villages within sight or hail of each

may be conveniently grouped together. In that case,

be accepted.
other that
the

of

interests

of the

work

the villages concerned, and the

all

should b3 carefully considered.

officer,

however, the responof offences should be

Generally,

for reporting and

prevention
attached to the representative of the village,
sibility

found

possibility

on by the one village

of all being carried

whatever

may

be

necessary in regard to the disposal of petty cases.

control of the headman in discharge of
In
entrusted to the head of the district.

The supervision and

their duties should
this he will,

of

be

course,

be

assisted

by

his

No

subordinates.

punishment of a headman ought, however, to be inflicted except

under the orders of the District Officer, or of carefully selected
Sub-divisional

Magistrates

to

whom

certain

delegated.

ed by police officers;

much good work may

powers

be done

provided that they exercise reasonable discretion

reports.

The

District Officer

in

in this

ference with the village

to prevent

the

duty

influence impaired,

of

way,

ought to give due attention

all

police.

to all

real failure,

vexatious

or unnecessary inter-

Too much

care cannot be taken

headmen becoming irksome, and

by bringing

the correction of their superiors.

be

making such

such reports,taking suitable notice of every case of

and vigorously restraining

may

should be report-

Failure in the performance of duty

their conduct too often

The

their

under

District Officer's assistants

and the tahsildars should be required to regard

it

as

an important

40

work

part of their duty to supervise the

The tendency

to

work

neglect criminal

duties, of

which there

trained.

The

considerable

is

specially,

and within the

of

limits

representative of the

The

police.

the

should be

tahsildar (or

res-

mam-

each within the area of his jurisdiction

his powers, regard himself as the

District

and criminal work.

village

favour of revenue

in

evidence,

Sub-divisional Officer and

latdar) should

of the

in respect of both revenue

Officer

village

accountants

have

also certain

responsibility thrown on them in regard to the reporting of

crime by section 45 of the Criminal Procedure Code.
They are
in
auxiliaries
this
audit
is
however,
matter;
mereljr,
quite unneces-

sary to enforce their responsibility unless they are believed to have

known

of concealment.

the headman.

They may thus

few

If a

village

explain or bear the penalty

crime which they

knew

of

serve as a

their

check on

were called on

accountants
neglect

to

report

to

serious

have been

concealed, they would

in
their
lot
with
the
throw
headman,, and he would be
rarely
The great point to insist
deterred from wilful concealment.
to

watch the performance of police work by the village headmen and watchmen.
The Police Superintendent and his subordinates should treat
on

is

should

that the revenue officers

carefully

them with courtesy and consideration

staff of

much improvement may

Superintendents

The

and with an improved

officers

be confidently

be

not

should

unnecessarily
village
harassed; and good work should be promptly and cordially recog-

expected.

nized.

The

officer

village police

servant and

the

should

subordinate

of

be

the

regarded as a village
He must no

headman.

doubt be held jointly responsible for the discharge of the duties

for
imposed on him by the law; and he cannot be excused
neglect of duty on account of any evil

But
when
the
except

headman.

disobeyed

his

the

latter

well as the police head

not recommend

must be held primarily

village police officer

orders.

the

Where
of

influence exerted

the

the

has (without his

headman

village,

the

is

by the

responsible,

knowk dg

the revenue as

Commission would

entire separation of certain village servants

for police work.

It is bettor that the village servant

the

headman

subordinate

necessary to devote certain servants

it

mainly

to

be

police

work,

thay should be bound to carry out any orders

The headman should be
receive from the headman.
that

better

is

of

should

Even where

both respects.

the
it is

in

they

may

held

responsible

performed

that

the former

as

police

well as revenue duties are duly

must not be

sacrificed

to the latter.

As

to police work, the village watchman should carry reports for

the headman, assist him in tracing offenders, do such watch

and ward as the village requires, and make

arrests as authorised

In general his power of arrest is not large enough.

strong evidence of the necessity for authorising him to
arrest not only the offender committing an offence in his presence,

by law.
There

is

and offenders escaping or against whom there is a hue and cry,

but also suspicious persons found under suspicious circumstances
at night,

and persons in possession

of

what he has reason

to

believe to be stolen property.

A
to

great mistake has been

eliminate

watchmen.

As

the

menial

made

in

classes

a rule, these

rural

in

seeking
village

watchmen, when
In Bengal, where they are really
There it may
is quite different.

make

they are truly village servants.

some provinces

from the ranks of

the

best

policemen, it
to secure the services of the more respectable
well
be
undoubtedly
stipendiary

and

castes

are

classes.

more amenable

But the menial

to

orders

and ordinarily maintain better

and ward than the higher

watch

classes, as village servants,

castes.

Even members

of the

criminal classes ought not to be rejected if they are induced to

settle down to an honest life and the steady discharge of their
duties
there is great advantage in inducing them to do so ;
and it is in accordance with the custom of the country.
:

It

should

of great advantage that the office of village watchman

as is consistent with
be held
right, as far

is

by hereditary

securing suitable men.

can be laid down for all
6

As

to remuneration,

])j-ovinces.

no uniform practice
must be fixed

Its character

There are many advanregard to local custom.

in part by rent-free
tages in having the watchman remunerated
His remuneration must only be partly in this form, so
land.
with

mainly

that the pepople

may

main

the

of

part

not be relieved of their duty to bear the

This form of
cost of the village police.

remuneration gives the village watchman occupation for his

own spare time and for his family, the members of which also
often aid

him

him

work.

in his

but

remitted,

It is

a cheap

way

the

for he gets not

of

of remunerating

the rent which

advantage
only
the profits of the land.

also

much

prized and

is

form of

This

a great inducement
to
the
he
If
work.
to good
belongs
predatory classes, it has the
further advantage of inducing him to turn his attention to agri-

remuneration

cultural
difficult

is

also very

It

pursuits.
to

work,

objected in certain places that this

is

as

is

it

is

servant or his alienee of the

not easy to

dispossess

village

This

village service land.

may

so; and the Commission would not lay down a hard-and-fast

At the same

ought not to be
and the

it

time,

officer to dispose of

such a case

difficult for a

difficulty

is

form

portion
of

of

emolument make

difficulties in

emolument

is

arranging for
the levying

keeps the village

makes him
It
to

maiks

it

generally

it.

that he

in
is

this, that

he

is

and any attempt

to

make him a

contributions

or

is

from the

ryots.

It

is

this

This

most important

the servant of the village

ordinarily

cesses are

whole

in favour of

communication with the ryots and

bound to attend to their interests.

his position as the village servant.

Government servant

among

worth while to try to overcome

Another very useful form of

of contributions

watchman

realise

emphasise

nity

The arguments

their rent.

be

rule.

revenue

obviated altogether by selecting village watchmen from

the small holders of land and merely remitting the
or

is

levied,

commu-

full-time or even half-time

Where

a great mistake.

they should be levied on the

whole village community. In some provinces they are levied on

land only in others on houses only.
The principle of paying for
:

protection

menials

demands that they should be

and

poor persons

should

be

levied on both.

exempted, to

Only

prevent

regard to

In.

hardship.

the Commission

complaints,

which
the

respect

village

for

watchmen
an

watchmen,

as well as

headmen,

deprecate unnecessary harassing of the

strongly

officers in

village

Bitter

village

of their

example,

duties

police

are

made

of

or

otherwise.

the

way

in

are compelled to attend for days together

on tour, and in

many ways put to unand annoyance. District Officers should set

faces against this.
The Commission would also urge the

camp

of

officer

necessary trouble
their

discontinuance of

the

visits

when they have nothing

the

village

watchmen
These

to the police station

visits are a

burden to

and a constant source of abuse at the thana and

the watchmen,
also tend to

of

to report.

undermine the authority of the headman and convert

into a

officer

The only

subordinate.

police

valid

in their favour is that important police information

be readily disseminated through the collected watchmen ; but
this very occasional advantage would be better secured by a

argument

may

system of passing on information in writing

from

village

to

by means of the village servants, which is quite in accordance with custom and is not burdensome to any individual.
village

Where
sary,

periodical visits to the thana are regarded as really neces-

they should be reduced to the smallest possible number in

The Commission have no hesitation in saying that

the year.

the regular

"chaukidari parades,"

absolutely useless.

large

as

number

practised

in

Bengal, are

of chaukidars are assembled

on one day at the police station and are seated together

before the officer in

questions from an

them a

little

charge,

who

addresses to

in

rows

them a number

of

catechism, and may conclude by giving

information.
The Commission saw several such
official

parades and were satisfied that no valuable information was or could

be elicited from the chaukidars by such a method, and that they failed to understand the information which the officer in charge believed
These parades involve a
that he was communicating to them.
It
great deal of worry and trouble and have no practical utility.
in
when
if
officer
the
would be a very different thing
charge,

he happened to meet a chaukidar, would quietly obtain information from him

but to bring him away from his village and
;

his duties every

any news

to

week

for a formal examination, whether he

impart

or

not,

is

has

a mischievous and indefensible

practice.

The Commission would

like to see the village

tently developed and improved.

very well

in

certain

have

They

system
seen

it

consis-

working

parts of the country and worse in others

they would urge that the standard of the worst be gradually

raised
is

to the standard of the best.

genrally

required,

but

It

is

and persistent

patient

They strongly approve

improvement.

certain provinces to improve the

not radical change that

of

standard

the
of

at

efforts

efforts

education

made

in

among

adopting a suitable

the

agricultural community generally by

curriculum and suitable hours in the day and

year for attendance in village schools,

particular
children.

They

also strongly

in

and among headmen

affording special facilities for

by

months

the
in

the education of their

approve of the proposal to have a

system of rewarding headmen and village watchmen

promptly and publicly in ways suitable to the classes to which
liberal

they belong, such as money, paggaries, dresses of honour, etc.

It has been a general defect in the past to reward the regular
police

and overlook the claims of the

have contributed even

which

village

police,

who may

more largely to the success of the work

Cash rewards, it must also be

rewarded.

is

being
remembered, are usually more appreciated by a village Avatchman
than even a more costly addition to his pay. The Commission
would also draw attention to the system of " tikri-chaukidari,"
prevailing in the Punjab,

by which, when crime

is

rife in

any

are required, especially on dark nights, to

locality, the villagers
The
aid the chaukidars in the protection of the village area.

Commission are inclined

might often

empower the District Magistrate to direct

adoption when desired by the majority of the villagers) be

(if legalised,

its

to think that this system

so as to

than the quartering of additional police under section 15

It is popular in the Punjab, and maintains
of Act V of 1861.

better

the

principle

peace.

of

village co-operation for the preservation of the

Its essential feature

is

that

the

additional

patrols

are

45

drawn by

lot

from among the

villagers*.

The man on whom

the lot falls either performs the duty himself or finds

suitable

substitue.

most important mode of developing the village system and

utilising it more fully for the benefit of the people is to enlarge
In Madras the Commission
the power of the village headmen.
have had before them

headmen

in

strong

disposing of

some

enlarged to

petty

extent.

It

evidence that the powers of the

criminal

to

longer
that

for

guarding and dieting of prisoners

tine

may

safely

be

would not perhaps be expedient to

give them power to sentence

ment than at present allowed

power of

casses

terms of imprison-

involves

the

housing,

but enhancement of their

This enhancement of

might well be considered.

province and elsewhere on

the principle contained in section 15 of the Bombay Village
Police Act (VIII of 1867), ri.?., that enhanced powers may be

powers might

on

conferred

be carried out in this

selected

This would serve to encourage

experience of Burma has shown.

headmen.

others to good work, as the

In provinces where the practice of employing headmen in the

disposal of petty ca^es does not exist, the Commission would
strongly urge

sentiment.

that

should be cautiously

it

safe

It is

the resident headman.

in

petty cases

It

would

annoyance of police interference

cally petty,

in

every

in petty

may mean much

is

province

without denying

to

them.

There

is

much

evidence

to

them and

to the people.

evidence also that in certain localities the association of

panchayats
cases

cases,

that the conferring of such powers on village

headmen would be welcome both

There

forms a strong check on

the people from the

relieve

the poor in respect of wrongs which, though intrinsi-

to

justice

and experimentally

with native customs and

It is quite in accordance

introduced.

with

tin

village

headmen

in the disposal

of

petty

would be popular; and such association of a panchayat

with a headman might often make it possible to give him higher

In the Northpowers, where his own influence was not great.

West
be

Frontier Province

absolutely

it is

impracticable

strongly maintained that

to

set

it

would

a headman alone to decide

He ought

petty cases.
the case; this

On

to sit

46

down

in the tribal
jirga

in accordance with local

is

the other hand,

there

is

evidence that the

headman's influence sometimes makes

it

and

settle

and custom.

tradition

character

of the

best that he should act

on his own authority. The Commission would not urge any

uniform procedure in this respect. Let local custom settle the

Where,

question.

headmen, such

as

powers

in

Bengal, panchayats take the place of

might be granted to certain of them

experimentally, and the system,

extended.

All this

and extend

its

if

would tend

usefulness.

successful,

to develop

and

village

The Commission regard

importance to maintain and develop

of self-reliance

might be gradually
the

the

among

it

system

as of great

people

a spirit

self-hely not_only in regard to police matters

but also in regard to other matters of local importance. They

would favour any reasonable measures to prevent the destruction
of the principle of co-operation in village life

To

the influence of the village authorities.

sary

that

the

people

District

Officers

should

the

interior

and

in

secure

their

and the decay of

end it is neces-

this

the

active

confidence

and

of

intelligent

sympathy with their views and proposals. They must go among

them, be accessible to them, and let them understand the object
This will be of immense advantage
of the policy of Government.
in every branch of district administration. It is also necessary that
District

Officers

the village

and the superior

officers of Police

should treat

headmen with respect and the watchmen with con-

sideration;

that they

should

carefully

supervise

their

work,

neglet, and show full appreciation of its loyal and

prevent
efficient performance; and that they should firmly repress any
tendency on the part of their subordinates to harass or oppress
its

the people.

It

is

necessary that revenue and police officers

alike

should be trained to proficiency in the vernacular and to intelligent sympathy with the people, the want of which qualifications

ought to stamp them as incompetent for the discharge of their

It is also necessary that there should be patient and
duties.
persistent continuance in a consistent policy definitely

and maintained.

prescribed

III.

THE PREVENTION OF CRIME.

Importance of preventive work.

Of
none

the duties which the police have

to

perform there is
more important than the prevention of crime and it is the
all

more necessary

to insist

upon

this because credit

is

too frequently

who shows himself successful

him who, by his vigilance, keeps

given to the police officer

than to

rather

tion

from crime. There are some offences

in

detec-

his charge

such as murder, which

have
little
to
police
very
power
prevent, especially in rural
tracts
but the great mass of crime, in this as in other countries,
free

the

consists of offences against property,

and

in

respect

of

these

good police should be able to afford a large measure of protection,

either directly

by regular and

efficient patrolling, or indirectly

by

If all
exercising an adequate surveillance over bad characters.
addicted
to
crime were known to the police, and if proper
persons
were
exercised
over them, the number of serious
supervision

would be greatly diminished.

To
obtain this knowledge, therefore, and to secure this supervision
should be the aim of every police system.
These objects have
offences

property

against

not been lost sight of by the Indian police authorities, but the
efforts to attain them have not met with the measure of success

which may reasonably be demanded. The causes of failure are

to be found in defects in the law, defects in the police system
and defects

The

in

applying both the law and the system.

country roads in the daytime is probably

nowhere necessary, while the need for such patrols at night must
vary with the local customs as to night travelling and with the
patrol

of

character of the country.

night
of

is

this

common
kind

is

In the south of India travelling by

and road dacoities are frequent.

serious

blot

Brigandage
upon any administration which

18

claims to be civilized, and at whatever cost

If a regular system of patrolling

is

it

enforced

must be put down.

the

roads

can

be

made

quite secure, and the police establishment must be fixed at

a strength which will allow of the requisite force being provided.
It

quite unnecessary, however, for the

is

police

to

patrol

other

than dangerous roads and the Commission are disposed to think

that, for patrol duty armed foot constables are more efficient than
;

mounted men, except where the

dacoits themselves are

mounted,
where the circumstances of the tract to be patrolled manifestly
demand the prompt communication of information by mounted
or

police.

Beat*

Beat duty

in

towns

in Ion-ay.

differs considerably

and might more appropriately be

considerable evidence that owing

from rural beat work

called patrol duty.

to

want

of

There

men and

is

to in-

adequate supervision the protection afforded by the police leaves

much to be desired, and the prevalence of burglary show;? that
this belief is well-founded.

The remedies fortunately are simple

the
must, where necessary, be strengthened so as
to secure that every part of a. town is patrolled throughout
the night at intervals which will render the commission of
police force

crime

difficult,

number

if

not

impossible

the beat constables; and there

the

there

must be a

sufficient

of supervising officers to provide an adequate check

intelligent

over

watch over

most dangerous criminals. With respect

these proposals the Commission recommend the

movements

to the first of

must be an

of the

adoption of the scheme of duty given in Appendix VIII, which

pro\ides for a double patrol at night and at the same time gives

man

one night in bed after two nights on duty. This

scheme, however, will be of little use unless the beats are so fixed
The second
that each can be traversed within a reasonable time.
each

of the proposals requires a

constables

and

possibly

high proportion of head

a judicious admixture of European
relatively

sergeants, who, when carefully selected, are particularly valuable

The third remedy is mentioned
for checking night duty.

49

has been brought to the notice of the Commission that

present method of surveillance consists for the most part in

because
the

it

paying a

the

to

visit

interview

personal

house and

suspect's

that

he

is

ascertaining

He knows

present.

by a

that he will

not be looked up again that night, and as soon as the police have
gone lie is free to sally forth and commit his depredations with
is no
attempt at secret watching, no
no
intelligent endeavour of any kind to
plain-clothes patrols,
The criminal is found
ascertain the real movements of a suspect.

but

There

risk.

little

the

at his house,

is

entry

prescribed

made

in

the

prescribed

record, and routine having been complied with, the police are
completely indifferent to the fact that essentials have been wholly

The fault lies more with the officers than the men,
and more with the system than with either, for the system
provides no real training and insist mainly on the supreme

neglected.

importance of records and their regular and correct preparation.

L if/
There

and that
towns

is

and many
ages

of

the better lighting

in

street

which improvement would

in

of

the

lamps are

streets.

well-lit

streets

There are few

left alight after

which they are extinguished

earlier.

midnight

The advant-

in providing for security of person

property are so obvious that

point

ing of loin ix.

the police in preventing nocturnal crime in towns

which the

in

one other direction

is

assist

greatly

li

it

ought

to

be

and

only to
remedied
being

necessary

out any defect in this respect to ensure

its

at once.

Receiver*.

One
property

well-recognized method
is

to take vigorous

considerable

of

action

number

preventing offences against

against

receivers.

In most

of persons are convicted

every

provinces
but the evidence goes to show
year of receiving stolen property,
that there is but little success in dealing with habitual receivers.
It is not that the real receivers are not known to the police
:

they are well known, but they purchase immunity from arrest

50

and prosecution by giving occasional assistance in the detection

of cases, while the police are sometimes actually in their pay.
There

therefore, a

is,

marked reluctance

to proceed against

them,

premises are seldom watched, and it is extremely rare for a

officer
to ask for a search warrant under section 98 of the
police
The Commission fully recognize the
Criminal Procedure Code.
their

a country where every village of any size has one

more goldsmiths and where nearly every goldsmith will buy

difficulties in

or

legislation on

the

of

the English
but energetic, intelligent
and honest action within the limits of the existing law would
stolen jewellery.

Pawnbrokers

'

much

secure

it is

England
passing

Any

Act would be

lines

useless,

than are obtained at present. In

now not uncommon for the Courts to postpone
better

results

on a person found guilty of an offence against

order to allow him an opportunity to restore the

sentence

property in

goods and give information as to the receiver, on the

understanding that his conduct in this respect will be taken into
stolen

consideration in awarding punishment.

Something of the same
kind might be tried with advantage in India. Convicts might
also be questioned and given a remission of sentence or a conditional pardon if the information furnished by them stands the
test of

examination and secures the conviction of receivers.

This

was the method adopted by Colonel Sleeman with such excellent

results in his campaign against thagi, and the valuable lesson
should not be thrown away.
Cattle-thipres.

The only other class

in

connection with the

Cattle-theft

is

that require

of criminals

extremely

prevention

common

special

notice

of crime are cattle-thieves.

in India;

and

it

is

a remark-

that everywhere, from Peshawar to Cape Comorin, the

combined with the practice of restoring the stolen
If this practice could be
animals on payment of blackmail.
able

crime

fact
is

suppressed, cattle-stealing would be

it

is

not easy to

dispose

much

less

of stolen cows

remunerative, for

and bullocks, and the

attempt to do so would often lead to the dicovery of the offender.

51

continues
long as the custom of paying blackmail
unchecked, the gains of the criminal will be comparatively large

But

so

and the

very small, for thief and owner are

concealing all information from the police.

risk of detection

interested

jointly

The prevalence

in

custom

the

of

The

cattle.

is

no [doubt largely due to the

who

rarely succeed in recovering stolen

therefore, not unnaturally, prefer to pay

inefficiency of the police,

people,

blackmail and get their animals back at once rather than trust to
the machinery of the law, which experience teaches them will

always be slow and usually barren of result. In these cases of

blackmailing an influential part is played by an intermediary,

who
in

levies a toll

doing he renders himself liable to punish215 of the Indian Penal Code, but that
non-cognizable and the police are powerless to interfere

extorting.

ment under
offence

is

upon the amount of blackmail which he succeeds

By

so

section

This

without the order of a Magistrate.

because

it is

seldom asked

is

the police to

especially difficult for

for,

informa-

obtain

such cases, where complainant and offender are in collusion, without a careful and prolonged investigation, and this the

tion

in

have no authority to make as the offence

police

is

non-cogniz-

able. The Commission accordingly recommend that the offence

described in section 215 of the Penal Code be made cognizable,

prompt action as soon

so as to allow the police to take

as

they
have reason to suspect that such an offence has been committed.
These intermediaries are in very much the same position as
receivers, and if their power can be broken there will soon be a

marked diminution

in the crime

a crime which

of cattle-theft,

causes very serious loss, both direct and indirect, to a

mainly dependent upon agriculture.

also

recommend the employment

provinces where good trackers are

cattle-theft

is

unusually

men on good wages would

it

would probably be

grant

of

by the

trackers

to be found.

possibly be the best course

elsewhere

encourage them by the prompt

rewards.

Punjab Track

police in

In places where

the premanent enlistment of such

sufficient to

substantial

whether the

rife

of

community
The Commission would

Law

It should
(sections

also

be considered

41

and 42 of the

Punjab Laws Act, 1872) might not with advantage be extended

to other parts of the country where the conditions resemble those
of the Punjab.

Other useful preventive measures are the registration, usually

by a market clerk, of the purchase of cattle, and the grant of
passes or certificates of owner-ship
villager

who

by the

village

proposes to take his cattle for

prevail in parts of the country,

and

sale.

headman to any
Both practices

their usefulness

is

established

by experience. They have not the sanction of the law, and the
Commission do not recommend that they should be made
It

compulsory.

be

will

sufficient

if

they

legitimate encouragement and facility, and

advantage of them wherever they exist.
Special constables

The employment

if

are

given

every

the police take full

ami additional police.

under section

of special constables

17

of

1861 and the quartering of additional police in disturbed districts under section 15, are both useful preventive

Act

of

measures,
to

but

the

Commission have no

special

recommendation

make, beyond urging that bad characters should not be

as special constables, and that, as already stated in

enrolled

Chapter III, the system of

tikri chaukidari

adopted in place of additional

may sometimes

be

police.

Reform of criminals.

No

treatment of the subject of the prevention of crime would

be complete without some reference to that important branch of

it which relates to the reform of criminals.
Something has
already been done in this direction by the State.
Reformatory
schools have been established in all the larger provinces, and

much

trouble

is

now

taken

to

assist

youths on leaving these

employment and lead honest lives. The

law (section 562, Criminal Procedure Code) empowers the Courts
to release certain classes of first offenders on security to be of
schools to find suitable

good conduct, instead of sentencing them to punishment.

The

offenders

old

segregation

of

at least, in

most

all

Nearly

jails.

now

is

some extent

carried out, to

prisoners

are

taught some

craft or industry, but as they are seldom able or willing to follow

it on release this is of little practical use as a measure of refor-

The

mation.

been referred

tribes

criminal

have already

Private benevolence has so far done but

to.

There are two or three

a few

reclaim

to

efforts

and

socities for aiding released prisoners,,

schools

industrial

little.

poor, which do

the

for

something
towards the reclamation of children who might lapse into crime.
In England private effort has been much more active and there
is

now

considerable

number

of

for

societies

the

aid

of

fully recognized that the circums-

It is
discharged prisoners.
tances of England differ widely from

those

of

India,

for

the

Indian prisoners have land or employment to

large majority
which they can return without difficulty on release from jail.
There is, however, a not inconsiderable residuum who have little
of

hope or chance of earning an honest livelihood, and in the relief

and assistance of these there is room for the charity and labour of

The State can and may legitimately give

the benevolent.
advice and
It

may
may

it

may

societies

formed

make grants

properly, for example,

collected
it

encouragement to

in aid

of the

funds

give reasonable facilities of access to the jails

information as to likely

furnish

help,

for this purpose.

fields

of

employment,

and generally give method and direction to these private efforts

make them most effective. It can, however, do directly

so as to
little

more than at present

but

the

answers to the question

which the Commission issued on this subject show that it is not

fully realized how much is being done; and this in turn may
indicate that

there

that

fuller

use

punishment of
offenders

room

should be

first

for further

expansion on existing

made

offenders,

are

required,

of the discretion regarding the

and that the segregation of old

made more complete. The Commission,

not make detailed inquiries on these points and
general suggestions made above they have- no

should

however, did

is

example, more reformatory schools

lines; that, for

beyond the
recommendations

be

to

make.

SyrocuM, N.Y.
Stockton, Calif.

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