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Author Topic: Third Degree In Investigation  (Read 2033 times)

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Offline Advocate-ashoksen

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Third Degree In Investigation
« on: December 16, 2013, 03:46:05 AM »
In D.K. Basu v. State of West Bengal,
directions were given to "Arrest and Detention" in criminal cases.

The Court opined: "Police is, no doubt, under a legal duty and has legitimate right to arrest a criminal and to interrogate him during the investigation of an offence but it must be remembered that the law does not permit use of third-degree methods or torture of accused in custody during interrogation and investigation with a view to solve the crime. End cannot justify the means. The interrogation and investigation into a crime should be in true sense purposeful to make the investigation effective. By torturing a person and using third-degree methods, the police would be accomplishing behind the closed doors what the demands of our legal order forbid. No society can permit it."

There are instances of torture and death in custody of these authorities as well.

In In Re: Death of Sawinder Singh Grover, 1995 Supp. (4) SCC 450 (to which Kuldip Singh, J. was a party) this Court took suo moto notice of the death of Sawinder Singh Grover during his custody with the Directorate of Enforcement. After getting an enquiry conducted by the Additional District Judge, which disclosed a prima facie case for investigation and prosecution, this Court directed the CBI to lodge an FIR and initiate criminal proceedings against all persons named in the report of the Additional District judge and proceed against them. The Union of India/Directorate of Enforcement was also directed to pay a sum of Rs 2 lakhs to the widow of the deceased by way of ex gratia payment at the interim stage. Amendment of the relevant provisions of law to protect the interest of arrested persons in such cases too is a genuine need.
Advocate Ashok Sen Calcutta High Court

Offline advocate-lyngdoh

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Re: Third Degree In Investigation
« Reply #1 on: December 16, 2013, 03:55:19 AM »
How many offenders dare to approach human rights commission. In my practice only a couple of clients have approached. The rest of them say sir save us from the case we don't want to invite any risk. That's the present scenario
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline amanthapeterson

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Re: Third Degree In Investigation
« Reply #2 on: December 31, 2013, 10:07:08 PM »
The people are now a days need to be known to the various laws and other legal entities in order to pertain a stable social life. The above thread also gives a good detail of the all criminal laws diagonesis in order to ascertain a mutual reference of the various laws of that particular state or city.

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