Legal Reasoning Sectional Test 1 - CLAT MCQ

Crime has existed in society since time immemorial and is considered to be inevitable. In order to keep
crime and criminals at bay, the law has been created to ensure public order and to keep the society fairly
organized. Law enforcement is a type of mechanism wherein the professionals work together in order to
enforce law and order through various techniques such as deterrence, rehabilitation and punishing
individuals who disobey the law of the land. Police Officers can be categorized as one of the most
important aspects of the law enforcement mechanism. The police are authorized and emancipated by the
state to enforce and implement law and order in the societal structure. However, in recent years a lot of
police personnel have been misusing their powers and are violating the laws which are supposed to be
enforced. Police misconduct can be defined as inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with their official duties.
Executive Approach:
On 15 November 1977, The Government of India appointed a National Police Commission.The
commission was appointed in order to evaluate the role and performance of the police both as a law
enforcement agency and also as an institution to protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the Constitution. The National Police Commission had various
terms of reference which required the Commission to redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public order along with prevention and control of crime. The
Commission was also required to recommend various measures and institutional changes in order to
prevent the misuse of powers by the police or by the political executives so that a process of impartial
inquiry of the complaints made by the public can be enforced which are made against the police officers
about the misuse of their powers.
Judicial Perspective:
When the recommendations given by the National Police Commission have not implemented due to
various different factors a petition under Article 32 of the Constitution of India was filed by Prakash Singh,
a Padmashree awardee, who was a renowned police officer known for his impeccable contribution to the
society and Indian Police Service along with two other petitioners praying for the issue of directions to the
Government of India to frame and establish a new Police Act based on the recommendations given by the

Commission in order to ensure the effective functioning of the people.
Police Complaints Authority: Composition, Power and Functions:
● At the District Level, there shall be a Police Complaint authority to look into the matter of complaints
against the police officer of and up to the Rank of Deputy Superintendent of Police.
● The State Level- Police Complaints Authority would take cognizance of only those cases which involve
allegations of serious misconduct by Police Officers or Workforce.
● Apart from the incidents mentioned above the District Level Police Complaints Authority will take notice
of and inquire into accusations and allegations of extortion, land/house grabbing, or any other incident or
case involving gross misuse of authority. The recommendations made by these authorities shall have a
binding effect on any action that is departmental or criminal against an irresponsible and delinquent police
officer.

According to the passage, in the tone of the author, what conduct a police officer may commit, that would
be termed as Police misconduct?

Crime has existed in society since time immemorial and is considered to be inevitable. In order to keep
crime and criminals at bay, the law has been created to ensure public order and to keep the society fairly
organized. Law enforcement is a type of mechanism wherein the professionals work together in order to
enforce law and order through various techniques such as deterrence, rehabilitation and punishing
individuals who disobey the law of the land. Police Officers can be categorized as one of the most
important aspects of the law enforcement mechanism. The police are authorized and emancipated by the
state to enforce and implement law and order in the societal structure. However, in recent years a lot of
police personnel have been misusing their powers and are violating the laws which are supposed to be
enforced. Police misconduct can be defined as inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with their official duties.
Executive Approach:
On 15 November 1977, The Government of India appointed a National Police Commission.The
commission was appointed in order to evaluate the role and performance of the police both as a law
enforcement agency and also as an institution to protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the Constitution. The National Police Commission had various
terms of reference which required the Commission to redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public order along with prevention and control of crime. The
Commission was also required to recommend various measures and institutional changes in order to
prevent the misuse of powers by the police or by the political executives so that a process of impartial
inquiry of the complaints made by the public can be enforced which are made against the police officers
about the misuse of their powers.
Judicial Perspective:
When the recommendations given by the National Police Commission have not implemented due to
various different factors a petition under Article 32 of the Constitution of India was filed by Prakash Singh,
a Padmashree awardee, who was a renowned police officer known for his impeccable contribution to the
society and Indian Police Service along with two other petitioners praying for the issue of directions to the
Government of India to frame and establish a new Police Act based on the recommendations given by the

Commission in order to ensure the effective functioning of the people.
Police Complaints Authority: Composition, Power and Functions:
● At the District Level, there shall be a Police Complaint authority to look into the matter of complaints
against the police officer of and up to the Rank of Deputy Superintendent of Police.
● The State Level- Police Complaints Authority would take cognizance of only those cases which involve
allegations of serious misconduct by Police Officers or Workforce.
● Apart from the incidents mentioned above the District Level Police Complaints Authority will take notice
of and inquire into accusations and allegations of extortion, land/house grabbing, or any other incident or
case involving gross misuse of authority. The recommendations made by these authorities shall have a
binding effect on any action that is departmental or criminal against an irresponsible and delinquent police
officer.

What are the powers of the National Police Commission?

Crime has existed in society since time immemorial and is considered to be inevitable. In order to keep
crime and criminals at bay, the law has been created to ensure public order and to keep the society fairly
organized. Law enforcement is a type of mechanism wherein the professionals work together in order to
enforce law and order through various techniques such as deterrence, rehabilitation and punishing
individuals who disobey the law of the land. Police Officers can be categorized as one of the most
important aspects of the law enforcement mechanism. The police are authorized and emancipated by the
state to enforce and implement law and order in the societal structure. However, in recent years a lot of
police personnel have been misusing their powers and are violating the laws which are supposed to be
enforced. Police misconduct can be defined as inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with their official duties.
Executive Approach:
On 15 November 1977, The Government of India appointed a National Police Commission.The
commission was appointed in order to evaluate the role and performance of the police both as a law
enforcement agency and also as an institution to protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the Constitution. The National Police Commission had various
terms of reference which required the Commission to redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public order along with prevention and control of crime. The
Commission was also required to recommend various measures and institutional changes in order to
prevent the misuse of powers by the police or by the political executives so that a process of impartial
inquiry of the complaints made by the public can be enforced which are made against the police officers
about the misuse of their powers.
Judicial Perspective:
When the recommendations given by the National Police Commission have not implemented due to
various different factors a petition under Article 32 of the Constitution of India was filed by Prakash Singh,
a Padmashree awardee, who was a renowned police officer known for his impeccable contribution to the
society and Indian Police Service along with two other petitioners praying for the issue of directions to the
Government of India to frame and establish a new Police Act based on the recommendations given by the

Commission in order to ensure the effective functioning of the people.
Police Complaints Authority: Composition, Power and Functions:
● At the District Level, there shall be a Police Complaint authority to look into the matter of complaints
against the police officer of and up to the Rank of Deputy Superintendent of Police.
● The State Level- Police Complaints Authority would take cognizance of only those cases which involve
allegations of serious misconduct by Police Officers or Workforce.
● Apart from the incidents mentioned above the District Level Police Complaints Authority will take notice
of and inquire into accusations and allegations of extortion, land/house grabbing, or any other incident or
case involving gross misuse of authority. The recommendations made by these authorities shall have a
binding effect on any action that is departmental or criminal against an irresponsible and delinquent police
officer.

The Police are authorized and emancipated by the state to enforce and implement law and order". What
does the author wish to convey through this statement?