A COMPREHENSIVE STUDY ON THE REAL IMPLEMENTATION OF LAWS REGARDING POLICE INVESTIGATION BY - POOJA PATEL
A COMPREHENSIVE STUDY ON THE REAL IMPLEMENTATION
OF LAWS REGARDING POLICE INVESTIGATION
AUTHORED BY
- POOJA PATEL
ABSTRACT
In India, the police play a significant part in the criminal justice
system. The primary goals of police are always
to assist the victim right away, take preventative measures, detain the
accused, accurately investigate the crimes, and implement and preserve law and
order conditions.The police investigation
is indeed the foundation of the criminal justice system and without a fair and sincere police investigation, we can't
expect justice to be served fairly. However,
following the Nirbhaya gang rape case
and countless other horrifying criminal instances, the Government and most
lately the Indian Supreme Court decided that it was necessary to modify the Police
in line with the most recent changes to the Criminal Law.
The current study will primarily concentrate on understanding the
complexities of the police investigation,
the police's position in India's system of criminal justice, and the
requirement to change the system of
Police in India. To enhance the
paper, The Criminal Procedure Amendment Bill and the Arguments Against It by
the Opposition would be enunciated. The study would also shed light on the legal provisions governing the police
investigation and the judicial stand regarding the same. Further , the study
would also incorporate the recent reports with regards to the issue and the
problems along with the reform of the police in India Finally, certain
recommendations to improve the police infrastructure
would be added upon.
KEYWORDS: Police, the criminal justice system, crime,
and reform, complexity.
1. INTRODUCTION
The police, as a crucial component for the enforcement of law's
organisation, are charged with four primary duties towards the general public
and society: upholding the law, avoiding crimes, handling emergencies, and
offering support services. Also, Police must, but conduct fair investigations
of crimes in light of the criminal justice structure. In India, the police are
more accountable for taking action, preventing crimes, and conducting impartial
investigations in order to bring justice to the victims of horrible crimes like
rape.
The investigation process is the cornerstone of equitable and precise
justice that is delivered upholding the criminal justice system's process, even
though the police, court, and correctional facility are its three main
constituents. However, the kin of the person accused have raised several
concerns about the police authority's investigation, leading them to call for
an unbiased investigating agency in order to ensure fair justice."Arrest
should be conducted after fulfilling the required conditions stated under
section 41 of CrPC," most sexual offences against the women, apart from
rape, are treated like summons cases.[1]
2. COMPARABILITIES IN OTHER COUNTRIES' POLICE
In order to
recruit watchmen for patrolling the streets late at night, London created the
1st law enforcement agency in 1663. Following that, the Glasgow police Act
passed in 1800 and created the Scottish city police. As a result, the British
Parliament approved the Metropolitan Police Act in 1829 and established the
Metropolitan Police of London.Following this, New York City in the US developed the first organised police
department in the year 1845, serving as an example for many other nations. Brazil
and Australia both have federal and state police forces, which are at different
levels of authority. Federal, provincial, and municipal police are the three
tiers of law enforcement in Canada. There are two categories of police in
France: judicial police and administrative police. Because in this context, the
term "police" refers to "the maintenance of law and order"
more broadly than just the forces.
In contrast to the judicial police,
an administrative force of police continues to be governed by the entity
responsible for upholding the law. The Mughal era saw the introduction of the
police system on the Indian subcontinent. However, the police force was
reorganised in 1858 as the British Crown directly assumed responsibility for
India. The British monarchs occasionally passed laws like the IPC to stop and
lessen crime. The IPC was established in 1860, the CrPC in 1861, and the Police
Code in 1861, all in an effort to prevent & lessen crime. Although it has
been over a century, the Indian police organisation continues to adhere to
these Codes[2]. As
defined by Article 355 of Indian Constitution, it's a disciplined force. The
required codes have undergone some changes up to this point, but the framework
remains highly outdated & needs ongoing reformation.
3. THE POLICE'S CONTRIBUTION TO THE JUSTICE SYSTEM OF CRIME:
The police
play a crucial role in investigating crimes equitably for the benefit of the
criminal justice system. The Indian Police Act of 1861, which still holds true
today with a few minor amendments, sets forth the organisational principles for
police services in India. The criminal procedural code, 1973, as revised up to
the present day, governs the investigations of crime despite the fact that the
state's police forces are distinct and may have varying levels of resources and
equipment.
After receiving information on a
crime involving sexual assault of a woman, it is the responsibility of the
police to act swiftly, assist the victim, and conduct a thorough and impartial
investigation.
The onus of proof in a state's case
rests with the police, who have the burden of establishing the case beyond a reasonable doubt contrary to
accused in order to satisfy the victim. This is because fair justice in state cases depends largely on an impartial
investigation as well as the gathering of tangible evidence. The criminal
justice system has many different ideas; sometimes it's punitive, sometimes it's
deterrent, sometimes it's corrective, and sometimes it's reformative. But the
kind of justice is determined by the crime's characteristics and what
investigators discover about it. However, in severe situations of heinous crime
the public has the policy of treating offenders with 'the iron fist of law,' that serves as a deterrence for other
prospective criminals and lowers the number of crimes committed. Because of
this, courts must deliver prompt justice in cases involving evil crimes like
gang rape in Nirbhaya by holding
trial in a fast track court. This case called for the death penalty because it
was one of the rarest of the rare. Other criminals should be deterred by the
sentence. However, the courts also have a responsibility to safeguard the
innocent while providing justice for crime victims in addition to punishing the wicked. Laws are both
punitive and remedial, but in the rarest of circumstances, when there's no chance for reformation,
fast justice is also necessary. It is the responsibility of the police to deter crime, fight crime, regulate
crime, maintain peace, and maintain public order.[3]
3.1.
THE POLICE'S ROLE TO THE CRIMINAL JUSTICE SYSTEM:
Police
perform a variety of tasks within the criminal justice system. Without a
reliable police and their duties, a modern nation cannot consider the
functioning of its court system.Police detain individuals they suspect of
breaking the law. Police detain them and place them before a court of law in
order to stop criminal activities. Through this method, police try to stop
criminal activity. Looking into criminal activity is another crucial duty of
the police. A criminal case can be investigated by police under a number of
sections of the CrPC. Police present a chargesheet for prosecuting or the final
report for the accused's release after the investigation is complete.
3.2.
INVESTIGATIONAL
POWER OF THE POLICE:
The police have the authority to begin an investigation:
1.
If a FIR is filed pursuant to Section 154 of CrPC,
the SC' s Constitution Bench ruled that no preliminary
investigation is permitted if the data reveals the commission of a crime that
is subject to prosecution.A
preliminary inquiry may only be performed to determine whether a cognizable offence has been revealed or not if the
data obtained doesn't identify a cognizable criminal but suggests the need for an investigation. A set of
guidelines for filing a FIR were released by the SC or
2.
When police officer has another grounds to believe that
a crime under Sections 156(1) and 157(1) of the Criminal Procedure Code
has been committed; or
3.
Where a qualified Magistrate directs the police to
comply with Section 156(3) of the Criminal Procedure Code on a complaint
made pursuant to S ection 200 of the Criminal
Procedure Code.
4.
After receiving a
complaint and taking the cognizance of offence, the accused
is subject to proceedings under
Sections 202(1) and 203 of CrPC.[4]
3.3.
INVESTIGATION AUTHORITY
IN NON-COGNIZABLE CRIMINAL CASES [SECTION
155(2) CR.PC.]
A magistrate may, in some
situations, also direct the police official in charge of a local police station
to look into a case that is either
cognizable or not. When a police officer receives a directive from a magistrate pursuant to Section 155(2)
of the CrPC to look into a non-cognizable offense, he/ she may use all of the
usual investigative tools, with the exception of the right to make warrantless
arrests.
3.4.
THE INVESTIGATION
PROCESS IN THIS INSTANCE OF A
COGNIZABLE OFFENCE [S.156 CR.PC.]
Giving information under Section 154 of the CrPC to an in-charge police
officer of a police station starts an inquiry in an instance of a cognizable
offence. Under Section 156 of CrPC, a police officer
has the authority to look into a cognizable offence and any police
officer can investigate any cognizable
offence without a magistrate's order. Any
Magistrate is permitted by section 156(3) of the Criminal Procedure Code to
direct an in charge police officer of a police station to conduct an
investigation into any cognizable offence. According to Section 190, a
Magistrate may declare an offence to
have been committed on acquiring a complaint, a police report [challan], or
information from a person other than a police official. In case of Tula Ram vs. Kishore Singh[5], a Magistrate may only
authorise an investigation per section 156(3) of the CrPC during the
pre-cognizance phase.
3.5.
INVESTIGATION
PROCEDURE; U/SEC.157 Cr.PC.
Here, the Police Officer must immediately send a copy of report to
magistrate that has the authority for taking cognizance of the offence if there
is a reasonable suspicion that it was committed. Here, a FIR received pursuant
to Section 154 of CrPC/ other police information may serve as the ground for
suspicion. Furthermore, a (woman) police officer must record the victim's
statement in relation to a rape offence at the victim's home or a location of
her choosing, as much as is practical, in the presence of the victim's parents,
guardians, close relatives, or a local social worker. In the case of the State
of Maharashtra
vs. Sarangdharsingh Shivdassingh Chavan[6],
it was decided that “even without a formal complaint,
an in-charge police officer of a police station can continue to investigate an
offence under section 157(1) CrPC.
3.6.
POLICE’S AUTHORITY
OF REQUESTING A WITNESS'S PRESENCE UNDER SECTION 160, CrPC
According
to section 160 CrPC, a police officer may issue a written order requiring
witnesses to appear. With the caveat that no man below the age of 15/ older
than 65, nor a woman, nor a person with a physical/ mental disability, shall be
obliged to attend somewhere other than where they currently reside.
3.7.
POLICE WITNESS
EXAMINATION AS PER 161 CrPC.
According
to section 161 of CrPC, statements are obtained from those that are familiar
with the case's facts and circumstances and put in writing. As long as a
statement given in accordance with this subsection may also be captured using
audio-visual technology. [7]According to the
Criminal Law (Amendment) Act of 2013, a woman police officer must record a
statement of any woman against whom an offense under Sections 354, 354B, 354A,
354C, or 376, 354D, 376A, 376C, 376B, 376D, / Sec. 509 of IPC has been alleged
to be committed or attempted.
3.8
AUTHORITY TO SUBMIT A CHARGE SHEET AFTER AN
INVESTIGATION IS COMPLETE;
UNDER SECTION 173 CRPC
In accordance with Section 173 of CrPC, the police must submit a charge
sheet after investigating. A copy of
FIR statements from the witnesses, complainant and all relevant parties,
seizure memos, also Panchnamas [papers that list witnesses who
were present during the investigation], dying declarations,
recovered items, and other documents are all included in the charge
sheet. Each investigation must be done
immediately and without needless delay, according
to the provision. The investigation has to be
finished within 2 months of date. The data was documented by the in
charge police officer of the police
station for offences under particular sections of the IPC connected to sexual offences.
A Magistrate with the authority to take cognizance of the offence must
receive a report from the official in charge of the police station after the
investigation is complete. The report contains information about parties
involved, the information's nature, the identities of those familiar with t
matter, if an offence seems to have been perpetrated and by whom, if the
accused have been detained/ released on bail, as well as other pertinent facts.
The report must also state whether a woman's medical examination report has
been attached if the investigation includes a sexual offence.The police is
required to inform the original information source of the police's actions as
well.
This report might be submitted via a superior police officer if one has
been appointed, as instructed by the
State Government. In addition, while awaiting the Magistrate's instructions,
the superior officer may direct
further inquiry by the police station's officer.
If a report shows that the suspect has been freed on bail, magistrate would issue the
proper instructions for the release of the bail bond.The police officer shall send Magistrate the
report along with all pertinent paperwork and witness statements obtained as
per Section 161 when Section 170 (related to cases requiring additional
investigation) is applicable. Any
portion of a statement may be withheld by the police officer at their
discretion if they feel it's irrelevant/ goes against justice and the interest
of the public.
But a note that is attached to the statement needs to clarify why such
exclusion was necessary. The investigation
officer may give accused copies of the records indicated in subsection (5) when
convenient for them. It is significant to remember that the filing of the
charge sheet does n' t bar further
inquiry. The in-charge officer of the police station is required to provide a
new report to the magistrate if any further
evidence is received,
and this new report must adhere to rules outlined
in subsections (2)-(6).[8]
3.9.
ADDITIONAL
POLICE POWER UNDER CrPC:
(1) The rape
victim's medical examination as per Section 164A of the CrPC.
(2) Police
officer search as per Sec. 165 CrPC.
(3) When an
inquiry does not end within 24 hours, the police seek police custody in
accordance with Section 167 of the Criminal Procedure Code. Maximum police
detention is 15 days referred to as police custody.
(4) The
magistrate might authorize detention of accused person outside of police
custody for a period longer than 15 days if he is satisfied that there are
sufficient grounds, however the detention shouldn't last longer than 90 days in
cases where investigation pertains to an offence that carries a death sentence,
a life sentence/ a 10-year prison sentence, and it must not last longer than 60
days in cases where it does not.
(5) If the
accused is willing to post bail & does so, he will be freed on bail at the
end of the specified 90/60-day period. With the additional caveat that also in
the event of any woman below 18 years, here the detention must be approved to
take place in the care of a correctional home/ other qualified social
institution.
(6) In Rakesh
Kumar Paul v. State of Assam[9], the
SC held that the case where punishment with jail time extending 10 years should
be for reason of default bail fall within sec. 167 (a) (ii) of Criminal Code,
and if the charge sheet isn't filled out in full in 60 days and the accused
gets the right to be released on a bail.
(1) Under section 169 of the CrPC the
police may release the accused if the proof is
insufficient.
(2) Section 174 of CrPC gives the police
the authority to investigate and report on suicide.[10]
4.
POLICE RESTRICTIONS UNDER
VARIOUS
INDIAN LAWS:
The
efficient operation of police is hampered by some rules of the Evidence Act and
CrPC. Due to their low evidentiary value, police officer statements obtained
from investigations can't be presented as evidence in Court. Also inadmissible
as proof are confessions given to police officials when there is no magistrate
present. This makes it difficult for the police to carry out their criminal
justice duties. Sec. 114A of the Indian Evidence Act creates a presumption of
lack of consent regarding specific rape prosecutions, including in
circumstances of sexual offences like rape. The court will assume that the
woman didn't give her permission if she claims she did not while the accused's
sexual activity is established. The purpose of this clause is to give rape
victims legal protection. In conclusion, multiple sections of the Evidence Act
and the CrPC place restrictions on the admissibility of statements given to
police officials and confessions they obtain. While laws such Section 114A of
the Indian Evidence Act attempt to protect rights of victims in instances of
sexual offence, this presents difficulties for police in performing their
duties.
5.
CORRUPTION AND ABUSE OF
POWER BY POLICE:
Though the department of police makes a significant contribution to
India's criminal justice system through its operations, it has earned a
reputation for being corrupt and abusing its authority in various situations.
The police department has repeatedly been named the most corrupt department in
the Indian government by the Anti-Corruption Bureau & Transparency
International.
As per Indian Corruption Survey of 2019 done by the Local Circles in
partnership with Transparency International
of India, as when compared with previous year, 2018, instances of police
corruption rose dramatically from 13%- 33% in survey year, of. 2019, in Delhi.
Police have been under fire for arbitrarily
detaining innocent people in fictitious charges. Under sect. 167 of the same
code, victims may occasionally be remanded into police custody while being
subjected to third-degree techniques to elicit
confessions. In Arnesh Kumar v. State
of Bihar & Anr., the SC of India
established rules for police as to how to wield their authority.
According to the SC, these guidelines—which state that an arrest should
be made only after meeting the criteria outlined in section 41 of CrPC will
lessen the excessive authority of police. It has frequently been seen that
Police wrongly accuse the innocent party, which adds to the pressure on the
court's already overworked judiciary. Furthermore, it is necessary to
understand that Police play a crucial role so they use their authority wisely
and not indiscriminately. In the case of Kalpana Kutty v. State of Maharashtra[11],
it was decided that "if a police officer receives cognizable offence,
he/she must file FIR under section 154(1)CrPC." In the end, police serve
to uphold individual rights and preserve the state's law and order.[12]
6.
ISSUES WITH AND NEED FOR
POLICE
REFORM
IN INDIA:
When it comes to carrying out laws
and regulations, the Indian government's police force is a key component and a
sizable embodiment. However, the police force within India suffers the
following issues:-
A police force that is
overburdened:
As of January 2016, there were 24% (or around 5.5 lakh) open positions in
state police forces. Therefore, in 2016, the authorised police capacity was 137
police, compared to the actual level of 181 police
per lakh people. Keep in mind that the 222 police per lakh people criterion is
what the UN recommends.Constables
represent 86 percent of state police. During their tenure, constables typically
receive one promotion, and they typically leave the force as head constables.
This can make them less motivated to work hard. From 2005 to 2015, there was a
28% increase in crime per lakh people. Conviction rates, however, have remained
modest. In 2015, 47% of cases filed under IPC, resulted in convictions. The
Commission on Law has noted that one factor contributing to this is mediocre
nature of investigations.
Requirement to enhance police infrastructure:
CAG assessments revealed that the state police forces were lacking in
weapons. For instance, the requisite weapons for state police were 75% &
71% short in Rajasthan & West Bengal, respectively.
·
The Bureau of Police Research and Development
also found a 30.5% shortage in the state forces'
inventory of needed vehicles [2,35,339 vehicles].
·
Nevertheless, money set aside for infrastructure modernization are frequently under utilised. For instance, just 14% of these monies
were utilised by states in 2015–16.
·
Hiring a large number of female police officers
to combat sexual crimes against women in India.
Gaps
in Criminal Investigation:
Crime investigation is a key duty of state police forces plus certain
federal law enforcement organisations, such as the CBI. When a crime happens,
police personnel are expected to document the
report, gather the evidence, locate the offender, formulate charges in
contrary to him, & support his legal
defence in order to win a conviction. Over the past ten years, crime in India
has climbed by 28%, and the types of
crimes have become more complicated (such as with emergence of new forms of cyberattacks & economic fraud).
Nevertheless, conviction rates per 100 cases have been rather low. The
IPC, 1860's conviction rate for offences was 47% in 2015. The Commission on Law
has noted that one factor contributing
to this is the subpar nature of the investigations.
Due to their reliance on the complainant's account of events and the
accused's version of events being unreliable, police frequently didn't
succeed to investigate, bring prosecution, and discover the truth about the
crime. Sometimes the accused is the actual perpetrator, but the investigation
officer's theory differs from actual one, which is shown to be insufficient to
charge the accused who's the true offender, leading
to the actual offender's acquittal. It is established law that in order to
pursue a case, the prosecution must prove its case beyond a reasonable doubt.
Need to hold Police accountable:
Police have the authority to look into crimes, uphold the law, and keep the state's law and order. Several nations have implemented
protections, like holding police accountable to the political administration
and establishing independent oversight authorities, to make sure that this
power is solely utilised for legal
reasons. To ensure accountability,
the political executive [i.e., ministers] in India has the authority to
supervise and manage the police forces. But as the Second Administrative
Reforms Commission has shown, this authority has been abused and ministers
have employed the police for partisan as well as personal
ends. Therefore, experts advise that the political executive's authority should
be legally restrained.
Section 197 of CrPC states that in
order to prosecute a govt. employee for allegedly committing a crime while doing official duties, prior
approval from a qualified officer is required. Without this approval no court shall take cognizance of such
offense. In contradictions in investigation, the investigating officer is
therefore immune from further prosecution.
A summary of India's crime situation:
In the year 2015, the NCRB received around seventy three lakh complaints
regarding cognizable crimes and Cognizable offences are comparatively serious
offences in that police officers can conduct investigations without a magistrate's
warrant, such as rape and murder. Crime rate, [crime per lakh population] for offences that are
punishable by law grew from 456 complaints per lakh people in 2005 to 582 complaints per lakh people in
2015. The rise in crime rates for offences involving alcohol and other drugs, theft, abduction and
kidnapping, crimes against women, and cheating is mostly to blame.
A
weak investigation places a burden on courts:
Throughout the criminal judicial system, investigations are the
foundation. If investigation is insufficient,
the case will not be strong enough to support a conviction and provide the
victim of crime with fair justice instead, it will add to
the strain on the already overworked court. To
achieve justice the Police are the front-line members of the criminal
justice system.[14]
7. WHAT IS THE CRIMINAL PROCEDURE AMENDMENT BILL AND WHY IS
THE OPPOSITION OPPOSING IT?
The Union Minister of State for the
Union, Ajay Mishra, introduced the Criminal Procedure (Identification) Bill of
2022, in the Lok Sabha. The legislation seeks to give police the right to take
various measures & samples from prisoners and other people in order to
identify them and conduct criminal investigations. Additionally, it nullifies
the 1920 Identification of Prisoners Act. The bill proposes to grant police the
right to take various measures and samples from prisoners and other people for
identification as well as criminal case investigation purposes. Additionally, the Identification of Prisoners Act, 1920,
is repealed. It gives a magistrate the authority to order people to produce measures, and it authorises
police/ jail authorities to compel people who are resisting to furnish
measurements. Several law enforcement agencies may access the records gathered
by NCRB. The measure has drawn criticism from the opposition, who claim that it
breaches fundamental rights of citizens, especially the Right to Privacy, and
is beyond the legislative authority of Parliament.
Concerns were expressed regarding the
gathering of samples from political activists. Additionally, they emphasised the possibility of using force,
the Constitution's breach of Article 20(3), and the ruling rendered by the SC in K.S. Puttaswamy Case.
Ajay Mishra and other proponents of
the measure emphasised the necessity of using contemporary methods for taking
and documenting body measurements in order to allay oppositional worries. They emphasised that existing law, which dates way back to 1920, only
permits fingerprint and footprint impressions of a select group of convicted
individuals. The new legislation attempts to use cutting-edge measurement
methods employed in other nations to acquire credible and trustworthy evidence
and demonstrate the guilt of accused. In conclusion, the Criminal Procedure
(Identification) Bill, 2022 suggests extending the authority of police to take
a variety of metrics and samples from people
for identification and investigation. While proponents say that modern methods
are necessary, opponents contend that
the bill infringes on the basic rights of citizens, particularly their right to privacy.[15]
8.
CONCLUSION
AND ANALYSIS
I strongly
believe that in the criminal justice system, the police & their roles are
crucial. For the purpose of deterring crime, it is the primary responsibility
of police to detain criminals until the end of their trials. Police are
lawfully permitted to enforce public & social order by using force as well
as other forms of coercion. Since the police need a basic understanding of
criminology and crime, practically every nation in the world comprises a
criminology division. Additionally, criminology knowledge is taught manually to
police officers.16 It's true that a good police force will guarantee
a contented and tranquil society.
In my
opinion, although it's impossible for police to eradicate crime entirely from
society, they can manage it and keep it at a reasonable level. If not, a
dishonest, corrupt, illiterate, and dishonest police force can aid criminals
while making life miserable for ordinary folks. They are functioning inside an
Indian police framework that the British emperors created. When India was
founded, we already had a police force, and the government maintained the old
police organisation. The Indian government has attempted multiple times to
restructure the police organisation, but none of these efforts have been
successful in creating a professional force of police in the nation. The entire
government apparatus is conscious of the police misconduct, including the
corruption, unlawful detention, torture, and manipulation.
I firmly
state that despite this, they continue to operate with this errant police
force. When an opposition party is in power, the police are adversely used
against its constituents, but once in power, they are defended and used for purely political ends. Finally, it
could be claimed that the police, local governments, nonprofit organizations, businesses, and individuals can all play a
significant role in establishing a civil society free from crime and harsh
suffering.
9. SUGGESTIONS TO TACKLE THE PROBLEM
From the above facts, circumstances and information, I
firmly believe and give the following recommendations:
1. The police
Act of 1861 was passed with the intention of upholding both the status quo and
the public order. Controlling crime and providing services to the general
public are the two main responsibilities of the police force. Following these
recommendations will help the police achieve their main goals and increase
their effectiveness.
2. To
effectively regulate crime, the government needs to create a modern,
professional police force.
3. New police
legislation must be passed, and a commission or independent authority should be
established to hear complaints against police officials for performing their
duties inconsistently and to ensure that the police are held accountable.
Alternatively, a separate organisation, such as a security
commission/commission for public safety, may be established, at least one of
whose members needs to be retired judges from the SC or HC.
4. The judges
should closely examine the conditions of custody and questioning by police
during remand.
5. Police
investigations must be held accountable for their timeliness. Additionally, the
victim of crime must be compensated fairly in the event of a delay.
6. The police
must get adequate training & motivational tools through ongoing education.
7. The
government ought to examine the police's performance annually.
8. The
government / ruling party must minimize the overly political usage of police
force.
9. The various
police stations must immediately receive the necessary technological &
logistical support.
10. According
to criminology, police must be given the right information on crime and
criminal behaviour.
11. The police
must be given practical guidance for their service- and prevention-focused
duties.
12. A
recruitment drive should be conducted to fill open positions & a shortage
of female officers & other workers.
13. We can
conclude that the topic has a great deal of room for additional investigation
and study because legal research is an endless procedure that is constantly in
progress.
[1] Arnesh Kumar v/s State Of
Bihar & Another, (2014) 8 SCC 273.
[2] Debarati Halder., Stop, search,
frisk and detain: A comparative analysis of police power between India, UK and
US, 6, SSRN, 173, 173-182 (2021).
[3] Mr. Ashish Kumar
Kulshreshtha, Intricacies Of Police Investigation, Role Of Police In Criminal
Justice System Of India And Need To Reform– A Critique, 8 IJCRT 2246, 2246-
2251 (2020), https://ijcrt.org/papers/IJCRT2005300.pdf.
[4] Poorti Sharma & Sushma
Kanwar., Critical Analysis of Police Investigation in Cr.P.C, 4, IJLMH, 260,
260-268 (2021).
[5] Tula Ram Vs. Kishore Singh,
1977 AIR 2401.
[6] State of Maharashtra vs.
Sarangdharsingh Shivdassingh Chavan, 2011 (1) ACR 1115 (SC)
[7] Poorti Sharma & Sushma
Kanwar., Critical Analysis of Police Investigation in Cr.P.C, 4, IJLMH, 260,
260-268 (2021).
[8] Dr. C.P. Gupta, Role of
Police in Criminal Justice System: An Analytical Study on Indian Perspective, 3
IJCRT 46, 46- 51 (2021), h
ttps://glslawjournal.in/index.php/glslawjournal/article/download/40/56/.pdf.
[9] Rakesh Kumar Paul v. State of
Assam, SPECIAL LEAVE TO APPEAL (CRL.) NO. 2176 OF 2017.
[10] Dr. C.P. Gupta Williams,
supra note 7.
[11] Kalpana Kutty v. State of
Maharashtra, MIPR 2007 (3) 483.
[12] Danny Singh., The Causes of
Police Corruption and Working towards Prevention in Conflict-Stricken States,
11, MDPI, 26, 26- 36(2022).
[13] Poorti Sharma & Sushma
Kanwar, supra note 6.
[14] Mr. Ashish Kumar
Kulshreshth, supra note 3.
[15] Poorti Sharma & Sushma
Kanwa, supra note 6.