Position of Police

Hello,

There are three organs of the government, ie., legislation, executive, and the judiciary.

The Legislature is the part that deals with lawmaking. Parliament and State legislature are the law-making body at the Union and State levels.

The Executive is the part that deals with the implementation of the laws made and existing. The Polic comes under this organ, They are the watchdogs of law and order of society. They maintain peace and security by implementing laws.

The Judiciary is the part that interprets the law. They are completely independent of others. 

Thus, in clear, police could not be considered as part of judiciary as the judiciary are those who serve justice and police protect the justice. 

Hope it is clear now.

Thankyou

Regards.

All the organs are inter-dependent. No two parts can be approached towards as 'one isolated organ' which has nothing to do with the other. 

When an offense is committed and FIR is lodged, the police officer has to report to the Magistrate (Judiciary) within 24 hours along with the accused apprehended (If his apprehension is needed). Before taking custody of the accused, police have to take permission from the Magistrate (Judiciary). This process has to be repeated if the stipulated time for remand is exhausted. Police is bound to file a charge sheet within 60 or 90 days according to S. 167 of CrPC otherwise the accused is entitled to bail as of right (Again Police is bound to go through Judicial mechanism before taking any action). In a way, it can be said that Magistrates use Police as a mechanism of investigation so that the judges are not exposed to the public and avoid the risk of being influenced. 

However, Section 41 of the CrPC gives a police officer immense powers with respect to arrest, even on the basis of suspicion, which gives police a lot of independence and discretion. 

And ultimately, all this has to be done according to the law laid down by the Legislature. 

So, no organ is completely independent or dependent. There is a great mix of powers given to each organ and its players by the Constitution of India.