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Police before and during Early Company Rule

Before a separate, regular colonial police system developed, responsibilities for law and order were distributed among existing local and administrative authorities.

Earlier arrangements

• Village watchmen: Protected villages, especially at night.
• Faujdars: Helped maintain law and order under Mughal administration.
• Amils: Primarily revenue collectors, but could also deal with rebels.
• Kotwal: Responsible for law and order in towns and cities.
• Zamindars: During the dual system in Bengal, Bihar and Orissa (1765–1772), were expected to maintain staff, including thanedars, for policing duties.

Warren Hastings and the faujdars

• In 1770, the institutions of faujdar and amil were abolished in the account presented in the source.
• In 1774, Warren Hastings restored the institution of faujdars and called on zamindars to help suppress dacoity, violence and disorder.
• In 1775, faujdar thanas were established in major towns of large districts, with smaller police stations assisting them.

Cornwallis and the Regular Police Force

In 1791, Cornwallis organised a regular police force by modernising the older Indian system of thanas.

Later developments

• 1808: Mayo appointed an SP for each division, assisted by spies known as goyendas. The source notes that these spies committed depredations on local people.
• 1814: By an order of the Court of Directors, the appointment of darogas and their subordinates was abolished in Company possessions except Bengal.
• William Bentinck: Abolished the office of SP. The collector/magistrate headed the police within his jurisdiction, while the divisional commissioner acted as SP.

Police Commission of 1860 and Police Act of 1861

The recommendations of the Police Commission of 1860 led to the Indian Police Act, 1861.

Recommended structure

Key points

• The commission recommended a civil constabulary.
• The Police Act, 1861 provided guidelines for a police set-up in the provinces.
• Police ranks were introduced uniformly across the country.
• The British did not create a single All-India Police under this Act.

Police Reform, Investigation and Colonial Control

Police Commission of 1902

The Police Commission recommended the establishment of:

• A Criminal Investigation Department (CID) in the provinces.
• A Central Intelligence Bureau at the Centre.

Assessment of the colonial police

Judicial Reforms under Warren Hastings, 1772–1785

Warren Hastings introduced district-level civil and criminal courts and developed appellate arrangements.

Civil justice: Diwani Adalats

• District Diwani Adalats were established to try civil disputes.
• They were placed under the collector.
• Hindu law was applied to Hindus and Muslim law to Muslims.
• Appeals from District Diwani Adalats went to the Sadar Diwani Adalat, which functioned under a president and two members of the Supreme Council.

Criminal justice: Fauzdari Adalats

• District Fauzdari Adalats were established to try criminal cases.
• They were placed under an Indian officer assisted by qazis and muftis and were under the general supervision of the collector.
• Muslim law was administered in these courts.
• Approval for capital punishment and acquisition of property lay with the Sadar Nizamat Adalat at Murshidabad, headed by a deputy nizam assisted by the chief qazi and chief mufti.

The Supreme Court at Calcutta

The Regulating Act of 1773 provided for the establishment of a Supreme Court at Calcutta.

Jurisdiction described in the period

• It was competent to try British subjects within Calcutta and the subordinate factories.
• Its jurisdiction included Indians and Europeans within the relevant scope.
• It exercised original and appellate jurisdiction.

What to remember

• Regulating Act, 1773: Legal basis for the Supreme Court at Calcutta.
• Supreme Court: Had original and appellate jurisdiction.
• Judicial conflict: Its jurisdiction sometimes overlapped with other courts.

Cornwallis, 1786–1793: Separation of Powers

Cornwallis reorganised the court hierarchy and separated revenue administration from judicial functions.

Main changes

• District Fauzdari Courts were abolished and circuit courts were established at Calcutta, Dacca, Murshidabad and Patna. These courts had European judges and served as appellate courts for civil and criminal cases.
• The Sadar Nizamat Adalat was shifted to Calcutta and placed under the Governor-General and members of the Supreme Council, assisted by the chief qazi and chief mufti.
• District Diwani Adalats became District, City or Zila Courts under district judges.
• The collector was responsible for revenue administration and no longer exercised magisterial functions under this arrangement.

Hierarchy of civil courts

William Bentinck and the Codification of Laws

Judicial changes under Bentinck, 1828–1833

• The four circuit courts were abolished; their functions were transferred to collectors under the supervision of the commissioner of revenue and circuit.
• Sadar Diwani Adalat and Sadar Nizamat Adalat were established at Allahabad for the convenience of people in the Upper Provinces.
• Litigants could use Persian or a vernacular language in courts; English replaced Persian in the Supreme Court.

Law Commission, 1833

A Law Commission was established under Macaulay to codify Indian laws. The codes prepared as a result included:

High Courts, Judicial Equality and the Federal Court

1860: Unequal legal position

The source notes that Europeans could claim no special privileges except in criminal cases, and that judges of Indian origin could not try them.

1865: High Courts

The Supreme Court and Sadar Adalats were merged into three High Courts at Calcutta, Bombay and Madras in the chronology presented in the source.

1935 Act and the Federal Court

The Government of India Act, 1935 provided for a Federal Court, which was established in 1937.

• It could settle disputes between governments.
• It could hear limited appeals from the High Courts.

Impact and Limitations of the Colonial Systems

Judiciary: positive aspects noted in the source

• The rule of law was established.
• Codified laws replaced the religious and personal laws of rulers as the basis for a more formal legal framework, while personal laws continued in specified contexts.
• European subjects were brought within the jurisdiction of courts, though racial exceptions remained in criminal cases.
• Government servants could be held answerable in civil courts for official actions.

Judiciary: limitations

• The system became complicated and expensive, and wealthier litigants could manipulate it.
• False evidence, deceit and chicanery remained possible.
• Prolonged litigation delayed justice and courts became overburdened.
• European judges were sometimes unfamiliar with Indian customs and traditions.

Police: limitations

• Police conduct towards the public was often unsympathetic.
• The police was used to suppress the national movement.
• Greater organisational uniformity did not remove the institution’s role in maintaining colonial control.

UPSC Practice MCQs

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