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Invitation of legal action against an act of criminality usually begins at a police station by registering a case by few sections of IPC. The complainant has to place his complaint either in his hand writing or with the help of a scribe who may be his well-wisher. But the police would derail the very draft of complaint by coercing the complainant to write only what the police wants. It happens in most majorities of the cases.
For this derailment of the complaint, the system can make out a possible remedy by allowing the complainant to place the complaint in any government officers or by registered post to the police. So that, the complaint will be free to register what exactly he has suffered and has been what victimised to.
How do the police drop some the accused?
Whether it is due to the police officers insufficient knowledge, they drop Some accused as they are not found involved in the crime or no evidence is found to stabilize one as accused; instead, they drop few accused saying that the complainant gave a re-statement in which that the said, that he mistakenly mentioned their names for I was in shock by that time. But that re-statement will never have the complainant’s signatures. The complainant says that, he had never given any re-statement. It could be ascertained without doubt that the police to accept the graft from few accused will create such documents. No court will question the police. So the system has given the police a free hand to be corrupt.
Sometimes, there would be no witnesses or the witnesses clearly tell that such act of criminality has never taken place; the complaint lodged is absolutely a false one. In such case, what the police do, is they will make the statement of witnesses on their exactly opposite to what the witnesses has pronounced. Such statements bear no signatures.
The police submit the charge sheet to the count; witnesses pronounce their real statement and deny their statement that is submitted by the police, saying that they have never given by such a statement before the police. Here it has been undoubtedly found that the police either misused their power to be corrupt or they are afraid to file a ‘B’ report, especially in the case, where a complainant is woman. The reason may be the police officer ignorance of law or dearth of adequate knowledge.
What can be remedy for such Lapses?
Let the police get the statement signed by the witness on while each page; Let those record statements with audio and video while every Common man has access to technology.
What is the difficulty for the police?
If the police do so, the criminal cannot escape and the false cases can be closed / quashed to save the valuable time honourable courts. The police usually consumer months together or a year or more; if their work in black and white is observed, it seems a work that could be carried out within a week or two. But the police make unnecessary delay. They depend themselves by telling they are overburdened of everyday duty. Check their work done dairy, there we find reality is not so.
Remedy for this is the court should have an IO with an assistant, that IO ought to be the judicial offices, So that he would not work according to political influence & remain impartial & complete investigation within short time.
The more time consumed will lessen the severity of crime as the witnesses and the complainant lose their temperament of seeing the guilty be punished.
The police ought to be accountable for their negligence, misuse of power. The court has to consider these so seriously that the police have to integrate commitment into their work otherwise; they must undergo a healing treatment.
The core mission of the police is to control crime. No one disputes this. But don’t just blame India’s courts; it is the police that can’t solve criminal cases in time.
Former Chief Justice Ranjan Gogoi in one to of his 3 Letters to Prime Minister Narendra Modi in 2019 had written that, “One of the prime reasons why we are unable to contain the ever-growing pendency is shortage of HC judges”.
Record of panchanama done by the police.
In all of the criminal cases, after the complaint has been recorded, the record of panchanama is done by the police. To do so, the police have to visit the place, where the act of criminality has happened, and there should 2or3 witnesses to support the same. But, in most the cases, the police fail to visit and examine as per procedure.
These Loopholes makes every citizen to lose their temperament in getting the justice & the guilty being punished.
What The can be the remedy for this?
The solution is, the police have to record the panchanama technologically too, in audio and video both. So that, the police can prove that they are not negligent.
Section 156 of Crpc.
Power of police to investigate criminal case.
Section 156 of the Criminal procedure code empowers the officer in charge of a police station to investigate a case in his territorial jurisdiction without the order the magistrate of the offence is cognizable in nature.
The officer may also initiate an investigation on the orders of the Magistrate empowered under Section 190.
The investigation of offence consist of,
- Proceeding to the spot
- Ascertainment of facts and circumstances of the case
- Discovery and arrest of the suspect collection of evidence which may include,
- Examination of persons concerned & reducing their statement to writing.
- Search and seizure of places and things respectively considered necessary.
- Formation of opinion as to whether there is a case for trial, & taking necessary steps accordingly.1
Report of police on the completion of investigation.
Final report of a police officer after the completion of the investigation is to be sent to the Magistrate under Section 173. “This report is generally called a “charge sheet” or “challan”. The process of investigation of any cognizable offence is for restricted to the police authorities as mentioned under criminal procedure code. Their powers are restricted so long as such persons exercise them legally and lawfully and in strict compliance with the provisions of law. The investigation process commences if the officer in charge has a reason to suspect commission of cognizable offence”.
An investigation is an extremely thorough process in criminal law and done in a procedure established by law. By overcoming the shortcomings of can our system, we can get the required justice as soon as possible. The long pendency of the cases can be reduced by making the investigation process more precise and accurate.
- Criminal procedure code-1973
Author: Nandini D Patil, R.L.Law College, Davanagere
Editor: Kanishka Vaish, Senior Editor, LexLife India.