- Summary
All civil governments hold a criminal justice system to maintain the values of their civilized society. The role of the police is decisive because the policeman is the first to arrive at the scene of the crime. Police, first and foremost, work extensively to maintain discipline and prevent crime, make preventive arrests, conduct investigations, and detection. The present article will delve into criminal justice mechanisms in light of judicial pronouncement and legislative recommendations upholding a brief insight into the myriad aspects of India’s police and criminal justice in a descriptive manner.
- Introduction to the role of Police in the Indian Criminal Justice Mechanism
All civil governments hold a criminal justice system to maintain the values of their civilized society. The criminal justice system administers the standard of behavior required to protect individuals in the society, thereby forming a set of government agencies and institutions to prevent crime rehabilitation of criminals and to provide mental support of the victims of any crime. Therefore, understanding the penal justice mechanism is a manifestation of understanding the police.
In common parlance, the citizens are aware that police personnel is an assembled group of persons authorized by the state to ensure the safety of the citizens and their property and possessions and to enforce proper law and order in the society so that civil and criminal offenses can be prevented to such an extent that violence is not created. The components of the criminal justice system in India are the Police, the Prosecution, the Judiciary, and the Prison and Correctional Services.
The police remain the central agency in criminal justice by the virtue of the nature of its functions in society. The way the policeman applies the law in a given situation draws the parameters of a crime scene within which legal battles are fought. As mentioned above, the police collect facts, pieces of evidence, examine witnesses, and all other relevant materials which considerably influences the investigation.[1]
- Structure and organization of police in India
Police are one of the preliminary institutions of the criminal justice system that plays a very crucial role in investigating in any case and conducting arrest of the criminals till their final trial for preventing any further crime, and it also accounts for approximately 3% of the central and state government budgets.[2] They are legally authorized by the government to apply force and means of coercion to maintain social law and order. In all the States of India have police forces operating under its territories, and this move is not by a mere consensus but under the dictates of Seventh Schedule and article 246 of the Constitution of India,[3] flowing from Part II (State List) Entry 2 of the Constitution wherein it clearly states that, “Police (including railway and village police) subject to the provisions of entry 2A of List I.”[4]
It is undeniably true that the consolidation of colonial-era police and criminal justice structure lay the foundation of the present police force. Presently, every state is divided into ranges, or collection of districts, and each such range is under the supervision or the administrative control of the Inspector General or the Deputy Inspector General; now these districts are further sub-divided into police divisions or circles which is again headed by a Commissionerate and further broken down to constables and deputy superintendents, this entire regime of the police force in state is headed by the Director-General of Police which is again answerable to the State Ministry.[5]
- Indian adaptation of Police and Criminal justice mechanism
Police, first and foremost, work extensively to maintain discipline and prevent crime, make preventive arrests, conduct investigations, and detection, control crowds, control the public in festivals, prevent riots and manage vehicle traffic, etc. Like this, the police play a wide range of functions.
There are many kinds of provisions in the Code of Criminal Procedure which empower the police to do their functions with discretion. The provisions give them the power to investigate any offence from registering an FIR to make a charge sheet. It is often seen that the police do not do their work as good public servants, they even misuse their power, they refuse to register an FIR and the people have to rush to the courts of law for issuing proper supervision to the police for the registration of FIR; sometimes, the police do not take an instant action and delays the registration of the FIR.[6]
“The police may even alter the sections in favor of either party. The law provides that the police are empowered to proceed to the scene of crime for the purpose of inspecting the scene of crime.”[7] However, police officers show little interest in inspecting crime scenes, sometimes, crime scenes are inspected incompletely by trained or incompetent personnel, so that physical evidence
- Procedure of Indian Criminal Justice mechanism
Procedure Law describes the registration, investigation, trial, and follow-up procedures of criminal cases from FIR registration to the final settlement. The Police have no right to take cognizance of all punitive crimes. Criminal law divides crimes into two categories: cognitive crimes and non-cognitive crimes. There are many kinds of provisions in the Code of Criminal Procedure which empower the police. Such Provisions mention the powers of the superior officers of the police to investigate an offence.[8]
After the criminal investigation process starts, it’s the primary duty of the police to visit the crime scene and start investigating. Witnesses and suspects are examined and their statements are recorded, fingerprints collected and sent for scientific testing, consulting of records, and making entries of those records in the form of case diary, daily diary, station diary, etc.
Post which the accused gets arrested and interrogated. And, after the completion of the investigation, the police in charge of the case sensor report either in the form of a charge sheet or a final report to the magistrate of jurisdiction.
After receiving the charge sheet, the court takes notice of the case and initiates the trial of the case. Thereafter charges are framed and then it becomes the duty of the Prosecution Officer to show strong evidence against the accused but it is mandatory to give the accused full opportunity for defending himself, in consonance with the principles of audi alteram partem, natural justice phenomenon. [9]
- Police and Judicial Response
In the seminal judgment of Prem Chand (Paniwala) vs Union of India (UOI), Justice Krishna Iyer raised an unputdownable question on the conduct of police that is “who will police the police.”[10] This gives a significant ground to consider that police is often stigmatized as the most corrupt department in the Indian government. It is practically often found that many police officers are accepting bribes to hide many illegal activities and even threatening to give false cases to people if they don’t provide bribes. And these unethical behaviors of policemen when gets disclosed defame the entire Police Department.
In the case of Biswabhusan v. The state of Orissa,[11] the appellant Biswabhusan, a policeman was arrested under the Prevention of Corruption Act,1988 because of the charges of taking bribes from few mill owners, where he was appointed to inspect. Later he applied for dismissing the case in the Court by showing causes of low income but the High Court upheld the conviction in April but reduced the sentence to two years and a fine of INR 3000. This reflects the failing system of the criminal justice system in India.
The National Police Commission submitted a total of eight reports between the years 1978 and 1981 making series of recommendations but the concerned ministries took little to no effort in implementing them. In the notable judgment of Vineet Narain v. Union of India,[12] the Apex Court pressed the need for urgent implementation of those reforms, followed by another set of guidelines were released by the Ribeiro Committee in 1998 and 1999, subsequently, two other major committees were formed namely, the Padmanabhaiah Committee and Malimath Committee, 2000 and 2002 respectively, but all of these reports posed the immediate need of visible reforms, but all such recommendations only fell to deaf ears.[13]
Finally, the Supreme Court in the year 2006 promulgated a detailed directive in consonance of the aforementioned committee reports to infuse a considerable degree of autonomy, accountability, and efficiency in the criminal justice mechanism.[14]
- Conclusion
From the above information, we come to know that “Police” do play a very vital role in enforcing the law in the society as well as in the criminal justice system to provide proper punishment to the criminals and to provide justice to the victims of such cases. So, every policeman must help citizens with any problem and enforce the law without creating any unnecessary nuisance.
Though Police complaint authority (PCA) was formed in 2006 for managing police complaints and improving the systems framework and the way of operating everything. Still, every police officer must act accordingly so that no citizens get the opportunity to defame the department.
The Criminal Procedure Code provides for any provisions dealing with crimes and criminals. The regulations in the code are mandatory, not just the catalog. The law requires the police not to use profanity, register a false FIR, resort to illegal detention, harass or coerce suspects. But the police use this unpopular and derogatory practice everywhere. Everyone, whether they are involved in crime or not. Although guidelines are given from time to time for the police to do their duty in a good manner by the Supreme Court there is an increased need to follow the rules prescribed by law to establish the significance of police in the criminal justice system by the police so that the law and order can be maintained without the violation of human rights.
Name- Rittika Paul
College – Jogesh Chandra Chaudhari Law College
[1] P.D. Sharma, Criminal Justice System, 50, (Rawat Publications, Jaipur, 1998).
[2] Anviti Chaturvedi, “Police Reforms in India”, PRS Legislative Research, June 2017, available at https://prsindia.org/files/policy/policy_analytical_reports/Police%20Reforms%20in%20India.pdf (last visited on 18th Sept. 2021)
[3] The Constitution of India, art 246.
[4] The Constitution of India, Seventh Schedule, Part II Entry 2.
[5] Anushree Telfy C, “Role of Police in Criminal Justice System,” 2, Law Audience Journal (2020), available at https://www.lawaudience.com/role-of-police-in-criminal-justice-system-in-india/ (last visited on 18th Sept. 2021)
[6] J.C. Chaturvedi, Police Administration and Investigation of Crime, 194-199, (Isha Books, Delhi, 2006)
[7] Code of Criminal Procedure, 1973 (Act no. 2 of 1974) s. 157.
[8] Code of Criminal Procedure, 1973 (Act no. 2 of 1974) s. 36.
[9] Supra note 6.
[10] (1981) 1 SCC 639
[11] 1955 SCR 92
[12] (1998) 1 SCC 226
[13] American Bar Association, “Legal Accountability of the Police in India,” Centre for Law & policy Research, (2014) available at Legal Accountability of the Police in India (clpr.org.in) (last visited on 19th Sept. 2021)
[14] Prakash Singh v. Union of India, (2006) 8 SCC 1