Introduction - The Government shall establish, by notification, a police commissionerate system, for the
following areas, namely:―
(a) each metropolitan area, as notified by the Government under section 8 of the Code of Criminal
Procedure, 1973;
(b) each major urban areas with a population of ten lakhs or more; and
(c) such other areas as may be notified from time to time.
The Commissionerate can divide into appropriate number of police districts, which should be headed by an officer of the rank of Superintendent of Police, who shall be called as Deputy Commissioner of Police. One or more Additional Deputy Commissioners of Police may assist the Deputy Commissioner of Police, where necessary. The Districts can be further divided into smaller units called Police Sub-Divisions, which will be headed by the officers of the rank of Assistant Commissioner of Police. Each Sub-Division shall consist of appropriate number of police stations, and each of such police stations shall be under the charge of an officer of the rank of Inspector of Police.
Powers, Functions & Duties of the Officers -
The Commissioner and other officers under him shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority, as prescribed. However, these powers, functions and duties exercised or performed by the Commissioner of Police shall be subject to the overall control and direction of the Director General of Police. A Financial Advisor and one or more Legal Advisors shall be appointed to aid and assist the Commissioner of Police on financial and legal matters respectively
Magisterial Powers of the Police Commissioner -
Subject to such conditions and limitations as may be specified, the Commissioner of Police shall exercise the powers and duties of a District Magistrate under provisions of the Code of Criminal Procedure, 1973, and such other Acts, as may be specified. Any officer, not below the rank of Assistant Commissioner of Police, can exercise the powers and duties of an Executive Magistrate under the provisions of Code of Criminal Procedure, 1973, as may be specified, under the overall control and supervision of the Commissioner of Police.
Powers and Functions of Commissioner of Police -
The Commissioner of Police will be empowered to make rules and regulations in consistent with the respective Police Act and subject to the Government Order in respect of the following:
(a) For regulation the use of public roads, streets and public places by persons walking, driving, cycling, or accompanying animals, and for parking of vehicles including bicycles, with a view to ensuring smooth and orderly movement of traffic;
b) Licensing, regulating, or if necessary in public interest, prohibiting for reasons to be recorded in writing, the keeping of a place of public amusement or public entertainment, or running cinemas and other forms of public amusement or public entertainment, for ensuring the safety and well-being of persons likely to be affected;
(c) Licensing, or regulating or, if necessary in public interest, prohibiting the playing of music in public streets or public places, and using of loud speaker any other sound system in any public place, or places of public entertainment; and
(d) Regulating the entry or exit at any place of public amusement, public entertainment, or at any public meeting or assembly, and providing for the maintenance of public peace and prevention of disturbance at such places.
The Commissionerate can divide into appropriate number of police districts, which should be headed by an officer of the rank of Superintendent of Police, who shall be called as Deputy Commissioner of Police. One or more Additional Deputy Commissioners of Police may assist the Deputy Commissioner of Police, where necessary. The Districts can be further divided into smaller units called Police Sub-Divisions, which will be headed by the officers of the rank of Assistant Commissioner of Police. Each Sub-Division shall consist of appropriate number of police stations, and each of such police stations shall be under the charge of an officer of the rank of Inspector of Police.
Powers, Functions & Duties of the Officers -
The Commissioner and other officers under him shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority, as prescribed. However, these powers, functions and duties exercised or performed by the Commissioner of Police shall be subject to the overall control and direction of the Director General of Police. A Financial Advisor and one or more Legal Advisors shall be appointed to aid and assist the Commissioner of Police on financial and legal matters respectively
Magisterial Powers of the Police Commissioner -
Subject to such conditions and limitations as may be specified, the Commissioner of Police shall exercise the powers and duties of a District Magistrate under provisions of the Code of Criminal Procedure, 1973, and such other Acts, as may be specified. Any officer, not below the rank of Assistant Commissioner of Police, can exercise the powers and duties of an Executive Magistrate under the provisions of Code of Criminal Procedure, 1973, as may be specified, under the overall control and supervision of the Commissioner of Police.
Powers and Functions of Commissioner of Police -
The Commissioner of Police will be empowered to make rules and regulations in consistent with the respective Police Act and subject to the Government Order in respect of the following:
(a) For regulation the use of public roads, streets and public places by persons walking, driving, cycling, or accompanying animals, and for parking of vehicles including bicycles, with a view to ensuring smooth and orderly movement of traffic;
b) Licensing, regulating, or if necessary in public interest, prohibiting for reasons to be recorded in writing, the keeping of a place of public amusement or public entertainment, or running cinemas and other forms of public amusement or public entertainment, for ensuring the safety and well-being of persons likely to be affected;
(c) Licensing, or regulating or, if necessary in public interest, prohibiting the playing of music in public streets or public places, and using of loud speaker any other sound system in any public place, or places of public entertainment; and
(d) Regulating the entry or exit at any place of public amusement, public entertainment, or at any public meeting or assembly, and providing for the maintenance of public peace and prevention of disturbance at such places.
* Differences between the dual system of control and the commissionerate system
Dual system
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Commissionerate system (53 cities)
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· Dual command structure over the district police means that control and direction over the police vests with the SP (head of district police) and the District Magistrate (executive).
· Separation of powers of the DM (e.g., issues arrest warrants and licenses) and the police (e.g., investigate crimes and make arrests). Therefore, less concentration of power in the police, and accountability to DM at the district level.
· SP is assisted by Additional/Assistant/ Deputy SPs, Inspectors and constabulary.
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· Unified command structure with the Commissioner of Police (rank of the Deputy Inspector General or above) as the sole head of the force within the city. Allows for quicker responses to law and order situations.
· Powers of policing and magistracy concentrated in Commissioner. Directly accountable to state government and state police chief. Lesser accountability to the local administration.
· Commissioner is assisted by Special/ Joint/ Additional/ Deputy Commissioners, etc. Inspector downwards rank structure is the same.
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