Colonial legacy of India’s policing system must end: Andhra Pradesh High Court

The Andhra Pradesh High Court has directed the police not to interfere in civil disputes or assume the role of courts in deciding the rights of private parties. The court also called for a shift from the colonial model of policing towards a more people-centric and democratic system.

Justice Maheswara Rao Kuncheam passed the order while hearing six petitions alleging police interference in disputes involving land, houses and other properties. The petitioners claimed that police personnel had summoned them to police stations, pressured them to settle disputes and interfered in matters that were already before competent courts or other legal forums. The common order was passed on October 5.

The High Court emphasised that police powers are derived from law and must be exercised fairly, reasonably and proportionately. While police are responsible for protecting life, liberty, property and public order, they cannot exercise unchecked authority or act as adjudicators of civil rights.

The court observed that India's police structure and legal framework have retained significant elements of the colonial system, particularly the framework based on the Police Act, 1861, which was primarily designed to maintain order and control the population rather than function as a citizen-oriented service. It called for policing that is accountable to constitutional and democratic institutions and responsive to people's legitimate rights and needs.

The six petitions involved allegations including police pressure to vacate properties, locking of houses, repeated summons to police stations, threats to withdraw civil suits and pressure to compromise in property disputes. The State disputed these allegations and maintained that police would not interfere unless a cognisable offence was registered.

The court clarified that police can maintain law and order, prevent crime and take lawful preventive action when public peace is threatened. However, determining ownership, title or other civil rights is the responsibility of competent judicial or quasi-judicial forums.

The court also referred to guidelines issued by the Andhra Pradesh DGP in October 2025, which direct police not to take sides in civil ownership or title disputes. Preventive or criminal action remains permissible where violence or offences such as trespass, cheating, forgery or assault are involved.

The High Court ultimately directed strict compliance with these guidelines and left the parties free to approach the appropriate civil courts or competent forums. It clarified that police can proceed according to law wherever a cognisable offence is made out.