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Role Of Police In Criminal Justice System

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.

Substantive Act

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 be protected.

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.

Procedural Law
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

  1. 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.
     
  2. 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
     
  3. 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.
     
  4. 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 recognition.
     
  5. 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.
     
  6. Step 6: A court convicted of a trial may declare one of the following Punishment to the accused
    1. Fine
    2. Property Forfeiture
    3. Simple Imprisonment
    4. Rigourous Imprisonment
    5. Life Imprisonment
    6. Death Penalty

Courts
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 constitution.
 
  1. Supreme Court is called as the Apex Court
  2. High Court is the Court in the State at the highest level of the state.
  3. Sessions and the District Courts
  4. Judicial Magistrate of First Class/ Metropolitan Magistrate's Court
  5. Judicial Magistrate of Second Class
  6. 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.

Police Officer

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 custody.

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 Evidence Act.

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 appointed regularly.

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:

  1. To comply and execute all requests made and the warrants which are ordered by the competent authority.
  2. Collect and impart knowledge influencing the public harmony
  3. Prevent commission of offenses and public aggravations;
  4. To Search and deal with the wrongdoers called as the offenders
  5. 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:
  1. Promote and protect public request;
  2. 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;
  3. Identify issues and circumstances that are probably going to bring about commission of wrongdoings;
  4. 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;
  5. Aid people who are at risk for actual damage with all the crimes.
  6. Create and keep a sensation of safety locally in the area
  7. Facilitate organized development of individuals and vehicles
  8. Provide important administrations and manage the cost of help to individuals in trouble circumstances;
  9. Collect insight identifying with issue influencing public harmony and violations overall including social and monetary offenses, public uprightness and security; and
  10. 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 functions.

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 Mukherjee's case 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 interest.

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 of India.

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.

However, the 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 control.

Public Riots

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 elections.

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 militant activities.

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.

Preventive Detention
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 prevented.

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 accused.

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.

Conclusion
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.

All 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.

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