To understand the Criminal Justice System is, an overture to understanding the
police official's framework. The following are some important characteristics of
this system. Criminal Law The Criminal Law consists of the substantive law
contained in the Indian Criminal Law (IPC) and the special and local laws
frequently enacted by the Central and State Legislatures, which are mainly
composed of the following procedural laws Code of Criminal Procedure, 1973 (Cr
PC) and Indian Evidence Act, 1872.
These three major laws are IPC and CrPC and India Evidence Act was enacted by
the United Kingdom in in the second half of the 19th century and of these the
particular main law revised since independence was Cr.PC, which was revised in
1973 particularly based on the recommendation of the Indian Legal Commission
embarked by the recommendations made by the officials. The other laws being not
changed except left with the few minor amendments.
With different crimes, various different types of punishment have been
prescribed as mentioned in the Indian Penal Code as the crime fully falls into
the different categories i.e. the crime against the state, country, the public
order, customs, hygiene, crime against property, election- related crimes,
marriage related and the defamation cases.
The IPC totally consists of 511 sections and out of which 330 on penalties. The
Criminal Procedure Code have been enacted time to time and the new forms are
added by the way of amendment so that the interests of the weaker sections can
Daily a number of crimes are registered under this law, of which approximately
are related to the possession and manufacture of weapons, ammunition and
explosives, Drugs, Gambling, Immoral trafficking for women, Scheduled caste
and tribal atrocities of people, Sales taxes and bans; Smuggling; Stocking up
essentials and taking profits of Food Corruption; Traffic Crimes, etc.
The Procedural Law describes the procedure for registrations, investigations,
and appropriate court trials in criminal cases leading to final disposition.
Police are not authorized to acknowledge all punishment crimes.
Criminal law falls into two categories:
- Cognizable crimes and non-cognizable crimes.
- Criminal Justice Proceedings
The process of criminal justice has the following major steps
- Step 1 Registration of a First Information Report (FIR). The criminal justice
process begins with the registration of the first intelligence report. An FIR is
a document created by the police when they receive information about the
execution of a recognizable crime.
- Step 2 Police officers go to the crime scene and investigate facts of the case.
Police investigations mainly include:
- Criminal investigations
- Witnesses and suspects investigations
- Name records of the accused
- Conducting investigations
- Seizure of property
- Collection of fingerprints, footprints, and other scientific evidence
- Record reference and entry Case Diaries, diaries, station diaries, etc.
predetermined record of the investigations conducted.
- Arrest and detention
- Defendant Interrogation
After the step 3 of investigation is complete, the Office in Charge of Police
Department sends a report to the local Magistrate which is called as the charge
sheet when considered. The report sent by Investigator is in the form of a claim
if there is sufficient evidence to prosecute Defendant.
- When sufficient evidence is not available to prosecute the defendant, such a
report is referred to as a final report and the same is taken for consideration.
Upon receipt of the Step 4 claim, the court will begin a trial of the case with
- Charges to the accused are framed and after following the procedure, the
prosecution must definitely prove the defendant's allegations in the same
context by stating full and proper directions.
At this stage , the accused is given ample opportunity to protect himself.
- Step 6: A court convicted of a trial may declare one of the following
Punishment to the accused
- Property Forfeiture
- Simple Imprisonment
- Rigourous Imprisonment
- Life Imprisonment
- Death Penalty
Supreme Court Justice (SC) jurisdiction, i.e. at the top and called as the law
of land in the country. Below the SC is the main-level High Court and which is
simultaneously followed by the Subordinate courts. The jurisdiction of the
courts varies accordingly and they decide the matter accordingly with the level
of their pecuniary jurisdiction.
The Judiciary at all level work according to the supervision of their superior
court. Whereas the Constitution has authorized the High Courts to issue the
orders, warrants, so that the rights of the people are protected, and also for
the other purposes. The three tier thereby works in the supervision of the
- Supreme Court is called as the Apex Court
- High Court is the Court in the State at the highest level of the state.
- Sessions and the District Courts
- Judicial Magistrate of First Class/ Metropolitan Magistrate's Court
- Judicial Magistrate of Second Class
- The last chain is the Executive Magistrate
One of the guiding principles of national policy stipulated by the Constitution
requires that the state separate the judiciary from the administration. These
separations were approved in the criminal justice system which got revised. The
judicial review of the Criminal Procedure Law is fully carried out. It also
affected the separation of prosecutor from the police. Prior to this, District
Attorney used to function more or less as part of District Police Agency set up
in the Court.
The purpose of this investigation is to clearly understand the terms "police"
and "police officer. Policeman". According to the Police Act of 1861 , the
Police Act defines the term "policeman". "The police shall include all persons
registered in the Act."
This definition is inclusive and not exhaustive as the term police is not
defined in the "Police Law" or any other law . This term has been explained in
various court rulings with many other references which put the embarked on the
sections 25 and 27 of the Indian Evidence Act, of which focuses on the police
Webster's dictionary defines the term police as "an organization composed of
civilians, especially in a city, organized according to power to maintain order,
and people enforce the law." Broadly speaking, it means to make the people
follow the rules and regulations, the application of laws in the district, city
so that the law and order should be maintain and the proper powers should be
used at a different point of time when required.
The term "police" includes all police officers appointed to maintain public
peace and tranquillity. According to Section 25 of the Indian Evidence Act, the
term "police" has the same meaning as it is mentioned under Police Act. In
interpreting section 25 of the Indian Evidence Act, the term "police" officials
should be interpreted not only in a technical sense, but also in a broader and
more popular sense.
The term "police" in Section 25 of the Indian Evidence Act may exceed the
definition in section 1 of the Police Act. Anyone in the police law, such as the
police officer in this definition, wants a conviction more than any community
member, and can resort to inadequate means to do so.
The police officers
selected under and covered under the Police Act have been given certain powers
and the duties of the Criminal Procedure Code but to exercise those powers they
have to abide with the certain rules accordingly that means they are also bound
by law to follow the rules and the regulations of the law as a law abiding
citizen needs to follow it.
With the increase of state power and responsibilities, behaviors that were
considered harmless or even commendable at certain times became crimes. The
state police power began to work on different subjects.
Various laws related to taxation and consumption, forests, customs, etc. were
promulgated. The prevention, investigation and crimes stipulated by these laws
are entrusted to the agent responsible for the prevention, investigation done
according to the special acts.
Therefore, the question arises, that is, according to the tax law, the customs
law and other acts, whether the agent responsible for the prevention,
investigation and investigation of crime falls under the question, all should be
treated as the police officers.
The Chief Justice of Calcutta gave the answer to the above noted question that
by observing "I don't think the police officer' should be interpreted in a
technical sense, but based on its meaning that it is broader and more popular."
In this case, the question faced by the court was whether to consider a deputy
commissioner of police as a police officer. The decision given and the same has
established to be regarded as police officers under section 25 of the Indian
According to the Police Act of 1861 , people do not necessarily have to be
members of the police force. It is related to national security, the maintenance
of public order and the maintenance of basic supplies.
Section 17 and 18 of the Police Act provide for the appointment of special
officers of the police who are not registered under the law but are sometimes
appointed for special occasions and having the same powers, privileges and
protections and is responsible for exercising the same functions as ordinary
police officers. Section 21 also refers to officers who are not registered as
such police officers and refers to village or hereditary police officers who are
Therefore, the word "policeman" should not be understood in
a narrow sense but in a broad and general sense. For the purposes of this study,
"A police man " is a person that ordinary people normally think he is, who works
for the public and who completes his duty while working in the country.
Duties and Responsibilities
Under the Police Act, 1861 the officials have been asked to put on some duties
and the responsibilities on them to work upon while maintaining the order and
peace in the country.
The following responsibilities are:
- To comply and execute all requests made and the warrants which are
ordered by the competent authority.
- Collect and impart knowledge influencing the public harmony
- Prevent commission of offenses and public aggravations;
- To Search and deal with the wrongdoers called as the offenders
- To detain and arrest all people whom he has the reasons to believe the
he should be captured legitimately approved to and should have the adequate
grounds for the arrest or apprehend.
The sanction endorsed by the National Police Commission goes a long ways past
the 1861 contract, considering not just the progressions which have happened
inside the association during this period, yet additionally in the
socio-political environment in which the association is needed to work.
The NPC's Model Police Bill endorses the accompanying obligations to the cops:
- Promote and protect public request;
- Investigate crimes which are done by violating the rules which are made
to promote order, arrest the wrongdoers where suitable and partake in
ensuing official procedures remedied therewith;
- Identify issues and circumstances that are probably going to bring about
commission of wrongdoings;
- Reduce the chances for the commission of crime through preventive watch
and other endorsed police measures; Aid and co-work with other pertinent
offices in carrying out the endorsed measures for avoidance of wrongdoings;
- Aid people who are at risk for actual damage with all the crimes.
- Create and keep a sensation of safety locally in the area
- Facilitate organized development of individuals and vehicles
- Provide important administrations and manage the cost of help to
individuals in trouble circumstances;
- Collect insight identifying with issue influencing public harmony and
violations overall including social and monetary offenses, public
uprightness and security; and
- Perform such different obligations as might be urged on them by law for
the time being in force.
Role of Police in various aspects; Functions of the Police
The main role of the police is to ensure the general public by forestalling
wrongdoing and indicting lawbreakers. The other police capacities like
protection of the country's solidarity and respectability, support of public
request and execution of social laws streams from this principle objective. This
load of capacities include the insurance of life, freedom, poise and property of
individuals and thus the job of the police arises in the exhibition of these
The previous enforceable acts like the Government of India Act, 1935 contained
practically comparable arrangements of administration yet there were no
particular arrangements for the major Rights of individuals. The Fundamental
Rights embarked in the Indian Constitution make it an alternate law,
particularly from eyes of every individual. These rights target ensuring the
person against sensible obstruction throughout everyday life.
The Indian Constitution provides that every person should be protected with the
life and liberty which means that every individual shall live with a peaceful
life where not heard person should interfere according to their own privacy.
But when the murder is being committed in the society, kidnapping abducting or
any other crimes which simultaneously affects the society as a whole where
people rights, their opinions matters which affect them as a whole and also
deprives them from their personal liberty.
Now, let's talk about police in this scenario, they work fearlessly to stop
these crimes as it is enshrined in the Constitution of India that the Police is
being headed over all the responsibility so that he individuals of the country
can live the peaceful and enjoyable life and which simultaneously develops the
person as a whole.
As the situation changes, the focus of the police is constantly changing. Its
primary purpose was initially to prevent and detect crime. As a social and
political unrest became a common problem thereby the maintenance of law and
order became more important to protect the society and to give the frequency of
civil unrest in the community, and also creating community harmony and ensuring
the unity and integrity of the land has become 's prime importance.
Providing security and protecting critical facilities for VIPs are other key
areas. All these have been headed by our police officer from protecting the
people for crimes and also to maintain the peace in the country at the time of
elections or the rallies or even in the VIP entry of the officials.
Some important functions of the police force are discussed below:Maintenance of Order
For smooth continuation of any State action and for simple living in the
society, deliberateness is the premier and foremost condition. In case there is
consistent turmoil, the State apparatus thinks that it is hard to release its
typical capacities. It might prompt a tumultuous circumstance which would
warrant extra-normal advances. In this manner, to upkeep of public request is
viewed as the main capacity of the police.
Be that as it may, there is a distinction between these two terms which are
ordinarily used to signify deliberateness in the general public. The Supreme
Court has drawn out the contrast between these two expressions in Pushkar
wherein it has been held as under:
The Contravention of any law consistently influences request yet before it tends
to be said to influence public request, it should influence the local area or
people in general on the loose. In this association a line of outline should be
drawn among genuine and bothered types of turmoil which straightforwardly
influence the local area or harm the public interest and the generally minor
breaks of tranquility of an absolutely nearby importance which fundamentally
harm explicit people, and just in an optional sense depends on the public
For another situation, while repeating its perceptions in Pushkar Mukherjee's
case, the Supreme Court has held that when two individuals fight and battle and
attack each other inside a house or in a road, it very well might be said that
there is a disorder yet not anpublic issue.
The financial and political changes in the post autonomy time frame have made
rule of peace and law extremely perplexing and an everyday issue for the police
. Station, strict and mutual pressures, rising number of instructed jobless
youth, agrarian contentions, mechanical turmoil have expanded the recurrence of
the rule of law issues.
To the points which are not at all discussed and
unabated urbanization, and deficiency of fundamental conveniences have
additionally disturbed the issue. Different social, practical furthermore,
political segments of the general public have framed compel gatherings to
request alleviation furthermore, different advantages from the State specialists
who are under the authority.
Control of Crowds
The conduct of individuals in a crowd is unique in relation to the ordinary
conduct of every individual establishing the crowd. Individuals become more
decisive and eager in a crowd. Any little incitement might upset the quiet
environment and touch off the displeasure of individuals to change over them
into a horde which thusly may present danger to public order.
In case there is any obstacle in the development of a parade, the members might
turn into a crowd and make a lawfulness issue.
Assuming such issues, ejecting on
trivial issues, are not gone to expeditiously, the circumstance may take an
awful turn. The counter friendly components, if present on such event, may take
unjustifiable benefit of the unpredictable circumstance.
Hence, the police is sent by any means such places where there is a likelihood
of a group turning into a horde so that in the eventthat of any issue the
circumstance can be taken care of before it goes more worsens.
Unlawful Assemblies and Public Agitations
The Indian Penal Code, 1860 defines the unlawful assembly which means in general
terms when the five or more persons gathered together for any lawful purpose or
can be understood as that any get together of at least five people is assigned
an unlawful gathering, if the normal object of the people forming that gathering
is to overawe by criminal power, or show of power; or to oppose the execution of
any law, or of any lawful interaction; or to submit any underhandedness or
criminal trespass, or other offense or some other such acts.
The Code of Criminal Procedure gives that any Executive Magistrate or then again
official responsible for a police headquarters or without such official
in-control any cop, not beneath the position of a sub-investigator, may order
any unlawful get together to scatter. On the off chance that upon so instructed
any unlawful get together doesn't scatter the leader judge or the cop might
continue to scatter such get together forcibly.
Compressing the State specialists via strikes, shows, rallies, and so on has
consistently been a technique embraced by individuals to get certain polices and
choices checked on or changed. As of late, the recurrence and gravity of such
open exhibits and tumults have altogether expanded. Fomentations by labourers of
manufacturing plants, government representatives, understudies, individuals from
ideological groups or any other such pressing factor bunch are very common.
To keep law and control and to guarantee that there are no conflicts between the
instigators and their rivals, the police makes elaborate plans. To forestall
head on conflicts, commonly the police needs to close certain streets and
redirect the vehicular traffic to elective roads. The Constitution of India,
gives that all residents will have the right to the right to speak freely of
discourse and articulation; to collect serenely and without arms; to structure
affiliations or associations; and to move uninhibitedly all through the domain
The Constitution under Article 19 itself approves the State to put sensible
limitations on these opportunities of individuals in light of a legitimate
concern for the power and respectability of India, the security of the State,
public request, tolerability or profound quality, or in connection to scorn to
Court, criticism or impelling to an offense.
Nonetheless, while putting sensible limitations upon certain central privileges
of individuals for support of public request, the police should work out most
extreme consideration. For a situation, where the applicants guaranteed
unhindered and unintercepted utilization of roadways, the Supreme Court, while
excusing the appeal, seen as under:
"We concur that nobody is qualified for blockade a roadway so as to keep
individuals from the general population from utilizing it while they are on
their typical business chasing after ordinary hobbies of life.
police, whose obligation is to implement the rule of law in the wake of
compromised mass tumults which are sensibly prone to prompt break of public
harmony, are entitled in the release of that obligation to force sensible
limitations on the actual development of individuals from general society to
(guarantee) the assurance of public property and the aversion of unnecessary
bother to different residents in their legitimate interests. In any case all
such restrictions on close to home freedom, if by any means, must be similar
with the item which outfits their defence.
They should be negligible and can't
surpass the limitations of the specific circumstance, either in nature or in
span. Most importantly, they can't be utilized as motors of mistreatment, abuse,
provocation or something like that. The holiness of individual and protection
must be kept up with by any means costs, and that can't at any point be abused
as far as anyone can tell support of the rule of law.
Since ordinarily individuals who arrange fights and indulged in unnecessary
crimes which cross the Constitutional and legitimate limits and put the public
request in risk, the police is perpetually needed to keep watch and keep law and
Inferable from the heterogeneity of Indian individuals, there are consistently
chances of social contrasts, ethnic and social varieties. Once in a while, these
battles cause wide spread brutality or genuine and exorbitant turmoil. Such
occurrences become the wellspring of political flimsiness and danger to harmony
and monetary development . Occurrences of shared uproars frequently upset public
request influencing the general public at huge.
Accordingly, taking care of
public uproars expeditiously and appropriately is thought of the main capacity
of the police.
The accomplishment of law requirement organizations in controlling public
disorder should eventually be judged not by the speed with which an uproar is
subdued, yet by the way in which harmony are perceived in incipient organism and
stave off the matter .
Role of Police during Elections
An election might be characterized as a method for selection of individuals from
a legislative association, they are a definitive and most significant method by
which government overall and assembly specifically are exposed to famous control
in a majority rule framework. The Constitution of India gives the right of vote
on each grown-up resident, when the persons attains the age of eighteen years
with no segregation on grounds of sex, race or property possession.
This arrangement of decisions dependent on grown-up testimonial makes India a
popularity based country in the genuine sense. It has been seen that viciousness
is executed previously, during and after the decisions and consequently the
police can't keep itself detached from the political race process. Even the
police officials are fully connected with the elections whether by being the
part of it or by being the sole owner who is working under the authority to
protect the rights of the people as granted in the Indian Constitution.
Each political decision is a period of important, regularly taken care of,
political pressing factors furthermore, exercises pretty much in a coordinated
structure. Promulgation and soliciting start quite a while before the real
surveying time and requests to electorate are frequently made for the sake of
station, statement of faith and religion.
During races an enormous assemblage of residents who are typically of calm and
harmony adoring attitude are stirred. Huge scope disturbances, showings,
political and mechanical unrests are matters of regular event. The air all over
gets overcharged with exceptional movement, and bunch competitions come to
surface. By sharing a political pressures mount and as a result conflicts of
major or minor nature of offences might happen in the country at the particular
period of time.
In this way the police needs to strengthen its knowledge apparatus and make all
potential endeavours to establish a climate free of charge and reasonable
Terrorism and Insurgency
The warfare in the country is quickly arising as a significant danger to the
cutting edge civilization. The terrorism has been turned into a worldwide issue.
All these terrorists doesn't have any way out as how to cross the borders
between the different countries and the nations by their activities which harm
the society as a whole.
The truth be told trans-line illegal intimidation is the
new test to security powers everywhere where in the Parliament sessions and the
episode of assault on Indian Parliament and obliteration of the World Trade
Centre in New York show that any nation may become survivor of psychological
The warfare activities advances into rebellion in the country. Both target
sabotaging the State authority where the uprising where the fear based
oppressors oversee a region or a sizeable region. The oppressors follow the way
of thinking which directs brutality as a purifying power" and along these lines
embrace a wide range of fierce techniques to kill and make dread in the
personalities of individuals and affects the rights of the people.
Prevention of Crime
Any act or omission which is punishable by any law is called an offense.
Offenses with a component of power or moral turpitude are for the most part
named as wrongdoings. The indecencies like eagerness, envy, desire, and
retribution constrain individuals to cross the moral and legitimate limits and
carry out wrongdoing. Numerous different components likesocio-financial and
social changes bringing about imbalance, joblessness and neediness are
additionally liable for wrongdoing.
The crime puts life, freedom, and property of individuals at serious risk and
makes peace and lawfulness issues. The rule of peace and law issue might
exasperate to upset public harmony and carry typical urban life to a pounding
end. This may, once in a while, even represent a danger to public safety.
Hence, the crime isn't only a worry of the person in question or, the
specialists are there manage it and the secret potential in it may hurt the
entire society or even the country. As such, crime sabotages "law and order" and
subsequently uncovers the actual base of vote based system; in a wrongdoing
ridden society viciousness beats the law. Thereby, crime is the space of
fixation for any police power.
The motivations to keep the wrongdoing anticipation work high on the plan of the
police are, it saves life and property of individuals and holds a difficult
situation to the person in question, both physical and mental, it precludes
prosecution and hence helps in keeping up with amicability in the general public
also saves a great deal of season of the police since they are not needed to
record first data reports and take ensuing strides of examination.
Patrolling the Area
It is a customary strategy to prevent the crime in the society and it upholds
the duty on the police that it should be protected. Police pickets are conveyed
at vital focuses and police parties are deputed for watching the region. In
metropolitan regions, the space of a police headquarters is isolated into
different beats and areas and police parties are deputed for watching every area.
The police party conveyed for watching in every area is needed to visit these
essential areas and make passages demonstrating the date and season of the
visit. The checking official likewise visits different areas to keep track on
the developments of the police watching parties.
Bonds for Keeping Peace and Good Behaviour
The Code of Criminal Procedure solely manages the subject of "security for
keeping the harmony and for appropriate conduct". The Executive Justices or the
cops, who have been proclaimed as Special Executive Judges and particularly
enabled by the State Government, manage such proposition.
According to the arrangements of the Code of Criminal Procedure, an individual
who is liable to submit a break of the harmony or upset the public quietness or
to do any illegitimate demonstration that may presumably event a break of the
harmony or upset the public quietness, might be asked by the Executive
Magistrate or the Special Leader Magistrate, by and large, to execute a bond.
Code of Criminal Strategy enables the Executive Magistrate or the Special
Executive Judge, by and large, to take security for appropriate conduct from the
people scattering subversive issue.
A dubious individual can be inquired under
the Code of Criminal Procedure to execute a bond for his great behaviour. Under
the arrangements of the Code of Criminal Procedure, constant wrongdoers are
continued against and requested to execute a bond for great behaviour.
At the point when conventional course of crimes counteraction falls off and it
is been adamant to accept that an individual will get habitual of crimes and in
this way they put the public request in risk, the police can start lawful
activity so that to keep such individual in authority. The Code of Criminal
Procedure engages the police to capture an individual who plans to submit any
cognizable offense if the commission of the offense can't be in any case
Examination of Crime
It isn't generally conceivable to forestall every single wrongdoing, the
following significant capacity of the police is to record, recognize and
research wrongdoing . The job of the police in the criminal equity framework is
significant in light of the fact that the cop is the main man to show up on the
scene and keeping in mind that applying law and his expert information gathers
proof based on which the case is shipped off the Court of law.
On the off chance
that the cop examining a wrongdoing overlooks certain proof, which therefore
vanishes or gets annihilated, it might demonstrate lethal prompting exoneration
of the case. In this manner, the pretended by the police during the examination
of a wrongdoing 'is generally critical in demonstrating the argument against the
The law has separated wrongdoing in two general classifications, in particular,
cognizable also, non-cognizable. The police has the force and obligation to
enlist first data report regarding a cognizable offense and research the case to
gather important proof to effectively indict the culprit.
It should be noted that although its basic functions of preventing and solving
crimes and maintaining public order have not changed, the police have been given
many additional task to maintain the law and order in the society. People from
all the approaches ask the police for help with various problems that bother
them, seeking help to resolve their conflicts. Vulnerable groups in society,
such as children, women and scheduled castes and scheduled tribes, especially
need the police to protect their rights and prevent atrocities against them.
government departments need the assistance and protection of the Police Force
when implementing various policies and development plans. The civil authorities
mainly rely on the help and support of the police when dealing with disasters.
The police must take appropriate action promptly to help them in accordance with
Law. In case, when the complaint resulted in limited or no power to take action
by the police, the complainant should be shown sympathy and courtesy. At the
end, people should be made aware of the police's restrictions in this situation.