File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Indian Police-Resolute or Temperamental

India Police is believed to enforce law in our country, to help the needy and penalize the criminal. The unbiased nature of the police force helps to resolve legal investigations and criminal emergencies. They are executed under the state region. Arresting the accused ones is their foremost duty. For every occurrence, a police officer files a report as evidence for further investigation process.

According to the preamble of Police Act 1861 The Police officer is an instrument for the prevention and detection of crime. The head of the overall police department is Director General of Police and in District this power is vested by Superintendent of Police (S.P.)

Role of Police

  • To reduce/prevent criminal activities.
  • To save Public from criminals.
  • To maintain and promote public order.
  • To give security to the people of the society.
  • Prohibit sale of illegal substance like (drugs, weeds etc.)
  • Patrolling.
  • To perform special duties while visit of any VIP.
  • To Register Zero FIR.
  • To register complaint brought by complainant.

Power Under CRPC

CRPC It stands for Criminal Procedure Code. It was enacted in 1973 and came into force on 1 April 1974. It is a procedure law. So, in CRPC there are many powers which are given in Chapter XII to the police. Basically we can say these powers are their investigation power and they start from Section 154-172.

These Powers are:

  • S. 154 FIR is given under this section.
  • Where the police officer has otherwise reason to suspect the commission of a cognizable offence [S. 157(1) & 156(1) CRPC] or
  • Where a competent Magistrate orders the police under Section 153(3) without taking cognizance of the offence on a complaint under section 200.
  • After taking cognizance of offence on a complaint for the purpose of deciding as to the issue of process against the accused. [S. 202(1) & S.203 CRPC]
  • Power to investigate in cases of non-cognizable offences: S.155(2) CRPC
  • Procedure to investigate in case of cognizable offence. S.156 CRPC

Case law Tula Ram v/s Kishore Singh

In this case it was held that a magistrate can order investigation under section 156(3) only at the pre- cognizance stage.
  • Procedure for investigation: S.154 CRPC

Case law:

State of Maharashtra V. Sarangdhar Singh Shivdas Singh Chavan

In this case court held that even without any FIR if a police officer in charge of a police station has reason to suspect the commission of cognizable offence, he can proceed to investigate the offence under section 157(1).
  • Power of police to require attendance of witness. (Sec 160)
  • Examination of witnesses by police. (Sec 161)
  • Power to submit charge sheet after completing investigation. (Sec 173)

Other powers of police under CRPC

  • Medical examination of the victim of rape.
  • Search by police officer.
  • Police seeks police custody under section 167. When investigation is not completed within 24 hours, police custody is given maximum up to 15 days. This is called as police custody.
  • The magistrate may authorize the detention of the accused person otherwise then in the custody of police beyond the period of 15 days, if he is satisfied that adequate grounds exist, but the detention should not exceed 90 days where the investigation relates to an offence punishable with death, life imprisonment, or 10 years imprisonment and detention should also not exceed 60 days in case of other offence.
  • On the expiry of said period of 90 days or 60 days the accused shall be released on bail if he is prepared to and does furnish bail.
  • Police can release the accused when evidence is deficient as per section 169 CRPC.
  • Police power to inquire and report on suicide is given in section 174.

Q. Indian Police resolute or temperamental?

As we all know Indian Police is quite efficient in their work, if we see cases like Kamlesh Tiwari murder case (2019) in which U.P. Police team carried out the best investigation which was supported by the technological and digital domain. In this case no redundant time was wasted in collecting evidence and the enquiry was accelerated.

When this case was solved, U.P. Police D.G.P, O.P. Singh in an interview with India Today said it was the Best investigation till date in any crime.
  • Hyderabad Gang Rape Case In this case Hyderabad police did an extra ordinary work and had solved the case within 24 hours and 4 accused were shot dead in the encounter by the police.
     
  • In Dec 18, 2019 Maharashtra Police solved 7 months old murder case just using a shirt button. This murder case was solved by Aurangabad Police just by using a tiny piece of evidence that was a shirt button from the crime scene.
     
  • Batla House encounter (2008) It is the one of the famous encounter which was done by Delhi police in 2008. The team was lead by the super cop Mohan Chandra Sharma. In this encounter two terrorist were killed and two were arrested by the Delhi police in the Jamia Nagar, Delhi.

Reading such cases gives a sense of relieve and the extra ordinary courage and bravery shown by Indian Police is remarkable. By these cases they have set an epitome of excellence in front of their name.

But if we go through cases like Salman Khan-Hit and Run case in which Ravindra Patil who was the prime witness against Salman Khan was turned insane by his own department. Before Patil was dead his last statement was I stood by my statement till the end. But my department didn't stand by me. I want my job that I want to survive. I want to meet the Police Commissioner once. These were his last words. According to his statement it has been clearly stated that tampering with evidence has been done by the police.

Sushant Singh Rajput Dead Mystery:
In this case Mumbai police has shown lack of professionalism on their duty. According to media reports, police has ignored many facts and has done manipulation with the evidence. Example- Not giving Sushant's laptop to Bihar Police earlier.

Unnao Rape Case (2017):
In famous Unnao Rape Case where victim's father was killed in Police custody and she herself was not supported by the police and later Suo Moto was taken by the Allahabad High Court and then CBI arrested Kuldeep Sengar (M.L.A) was prime accused in this case.

Does this justify the temperamental nature of Indian Police?
A common thing seen here is that the civil citizens or the innocent ones being suppressed by the aristocrats of the society. And the biggest irony is the support from the law abiding authorities, where, they pledged to serve the truth and maintain transparency they are simply displaying an opaque vision to their nation.
In Sushant Singh Rajput dead Case, Unnao Rape case, Salman Khan-Hit and Run case, biased nature of Indian Police was seen. Their decisions were prejudiced.

We can say that police is an indispensible part of our society reducing crime and disorder. They are the building blocks of a strong community. Democratic laws and police force go hand in hand. Police force in expected to work in an ideal way and they must exercise their power sparingly not arbitrarily. Indian police has somewhat become rowdy and tempestuous. These issues require a lot of attention.

Written by- Avinash Singh Jeena - Law college, Dehradun

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly