ABSTRACT

Now, having empirically proved that the police subculture and the operating environment influence the arrest discretion behaviour almost similarly or even more than the organisational constraints comprising the statutes, rules, circulars, court directives etc., it is imperative to look at the legal–extralegal debate in decision-making processes. While there exists intuitive support for the connection between police discretion and organisational, subcultural, environmental, situational and individual dispositions, no empirical research has been conducted to examine this issue in the Indian context. Review mechanisms are important as they formalise the policy process for developing the guidelines that set particular standards, shape the inevitable use of discretion by the police officers and can influence control over proper exercise of police discretion. The process dimensions focus mainly on organisational procedures and protocols such as supervisory review and the disciplinary procedures for intentional violation of arrest policy.