Current Affairs 8th Class

Category : 8th Class

 

The Police and the Courts

 

 

A crime or an offence is an act of breaking the law. Laws are made by a society or a State. So a person who commits a crime wrongs the society as a whole. This is why, it is the State (or government) that punishes a law- breaker and the people are told "not to take the law into their own hands".

 

FUNCTIONS OF THE POLICE

 

The functions of the police are to (i) maintain law and order, (ii) prevent crimes, and (iii) detect and investigate crimes. In its role of maintaining law and order and preventing crimes, the police guards high- security areas (for example, government offices), patrols (goes around) localities and is ready at hand during public meetings, rallies, and so on. Traffic police is a special branch of the police that is responsible for controlling traffic, and ensuring that people obey the traffic rules. Some other special branches of the police are the Criminal Investigation Department (CID) and the Armed Police.

 

Know a Little More

The police tries to help and protect people by making them aware of the risks of renting out their houses or cars to strangers, employing domestic help without police verification, etc. It also helps to find missing people and to rehabilitate people deserted by their families.

 

INVESTIGATING A CRIME

 

Serious offences for which a person can be tried in a court and be punished with imprisonment are called cognisable offences. Murder, robbery and kidnapping are some cognisable offences.

 

 

First Information Report

The investigation of a cognisable offence begins with the registration of a first information report (FIR) by the police. An FIR is a written report of a crime. It can be filed by the victim or a person who has witnessed (seen) or detected a crime. It can be given in writing or dictated to a police official who is supposed to write it down. It should contain the following information.

 

?      The time, date and place of the offence and the facts related to the offence, if known

?      The name and address of the person who reports the offence

?      The names and/or descriptions of the persons involved or suspected to be involved in the crime

?      The names of witnesses (people who saw the crime being committed), if any

 

After an FIR has been recorded, the person who reports the crime signs it and keeps a copy of it. This is his/her legal right.

 

Jurisdiction

An FIR should normally be filed in the police station under the jurisdiction of which the place of the crime lies. However, even if it is filed in another police station, the police station is bound to register it and then forward it to the concerned police station. The Supreme Court has laid down the following rules (directions) regarding the filing of FIRs:

 

?      A police station cannot refuse to accept an FIR even if the crime has been committed in an area that is not under its jurisdiction.

?      It is bound to register an FIR even if the person reporting the crime cannot provide all the details required, e.g., the name of the victim and the details regarding the crime.

?      If an FIR is lodged in a police station that does not have jurisdiction over the place of the crime, that police station must send the FIR to the appropriate police station.

 

If a police station refuses to register an FIR, the person who wishes to file it can send the report to the superintendent of police (SP) concerned, or file a complaint in a court or with the Human Rights Commission.

 

Framing a Charge-Sheet

When the police receives an FIR or detects a crime, it launches an investigation, which may include questioning witnesses, recording their statements and collecting other kinds of evidence, for example, fingerprints, stolen goods and murder weapons. If the evidence collected makes the police believe that a person (or persons) is (are) guilty of the reported crime, it files a charge-sheet against the person(s) in a suitable criminal (usually magistrates) court. A charge-sheet is a written document containing the accusation against a person(s). The person(s) named in a charge-sheet is (are) referred to as the accused.

 

Know a Little More

All senior police officers (in every state) are drawn from the Indian Police Service (IPS). Recruitments to the IPS are made through an all-India examination held by the Union Public Service Commission (UPSC). Junior posts are filled by people from the state services.

 

ARREST AND BAIL

 

The police has the power to arrest people in certain circumstances. For example, it can arrest a person suspected of committing a cognisable offence. In the case of an offence that is not cognisable, the offender cannot be arrested without the written permission of the appropriate court. The written permission of a court is called a warrant. A person arrested by the police is said to be in police custody (literally, under the charge of the police).

 

The main purpose of arresting a person is to make sure that he/she appears for trial and does not try to escape punishment. Hence, it stands to reason that if the accused's appearance for the trial can be ensured in some other way, he/she should be allowed to be free until proved guilty. Thus, an arrested person may be released or set free on paying a sum of money, known as bail, and signing a bond promising to be available for trial. All offences are not bailable. In the case of serious offences, called non-bailable offences, the arrested person has to apply to the appropriate court for bail. According to our criminal law, it is up to the court to decide whether or not to grant bail.

 

Granting of Bail

In May 2011, Kanimozhi, an MP and the daughter of the former Tamil Nadu Chief Minister, Karunanidhi, was arrested on the charge of being involved in the 2G spectrum scam. The case was about irregularities in the grant of licences by the government to telecommunication companies for providing mobile phone services. The Delhi High Court rejected Kanimozhi's bail application on the ground that she may be in a position to influence the process of investigation.

 

Rules of arrest and bail

The power given to the police for the performance of its duty is not unlimited. According to our Constitution and criminal laws, arrested persons enjoy the following rights:

 

?      To be informed of the reason for arrest

?      To be presented before a magistrate within 24 hours of arrest-a magistrate's permission is required to keep someone under arrest beyond 24 hours

?      To be defended by a lawyer of his/her choice

?      Not to be tortured

?      Not to be forced to confess guilt-any confession made under arrest cannot be used as evidence in a trial

?      In addition, women and boys under the age of 15 cannot be taken away from their residence only for the purpose of questioning.

 

In its judgment in the D.K. Basu v/s State of West Bengal case, the Supreme Court laid down certain rules to be followed while arresting, detaining and questioning people. These rules, known as the D.K. Basu Guidelines, are as follows:

 

?      A police official who arrests or interrogates (questions) a person must wear a clear, accurate and visible name tag with his/her designation.

?      A memorandum (written record) of arrest must be prepared at the time of arrest. This should be signed by the person who is arrested and one other person, who could be a relative of the person arrested.

?      A person who is arrested or detained for interrogation has the right to inform a relative or a well-wisher of the arrest and the place of custody. If the relative or well- wisher lives in another district or town, the police must inform him/her of the time and place of arrest and the place of custody within 8 to 12 hours of the arrest.

?      The arrested person can request a physical examination at the time of arrest so that if there are any injuries, these may be recorded. After arrest, he/she must be examined by a qualified doctor every 48 hours during detention.

?      A copy of the arrest memo must be sent to the appropriate magistrate.

?      The arrested person has a right to consult a lawyer.

 

Children and Justice

The Juvenile Justice Act, passed in 2000, sets out certain procedures to be followed if a child is involved in a crime. The aim of this law is to protect and rehabilitate (reform and return to normal life) children, rather than to punish them. One of the rules is that "the identity of the child must not be publicised".

 

Activity

The Juvenile Justice Act 2000 was replaced by a new Act in 2015. Find out why and how the old law was changed.

 

PROCEDURE IN A COURT

 

Article 21 of the Constitution says that no one can be deprived of his/her life or liberty except in accordance with the due process of law. This due process of law, laid down (mostly) in the Criminal Procedure Code (CrPC), includes  the rules to be followed while investigating a crime, arresting an accused, framing a charge against the accused and holding a trial. In fact, even the maximum punishment that may be awarded for each type of crime is laid down in what is known as the Indian Penal Code (IPC).

 

ELEMENTS OF A FAIR TRIAL

 

The proceedings in a criminal court begin after the police files a charge-sheet against the accused. The State, which prosecutes or brings the charge against the accused, is represented by a lawyer called the public prosecutor.

 

Role of the public prosecutor

Though the public prosecutor presents the case against the accused, he/she is supposed to act impartially. He/she is supposed to narrate the facts of the case, present the evidence, call witnesses and question the accused without trying to bias the court (judge) or bully or insult the accused. The accused is assumed to be innocent unless proved guilty beyond doubt. The onus (responsibility) of proving that the accused is guilty lies with the prosecutor. It is not the onus of the accused to prove that he/she is innocent.

 

Rights of the accused

The accused has the following legal rights:

 

?      To be given a copy each of the FIR, the charge-sheet and the statements of witnesses on the basis of which the charge- sheet has been filed

?      To plead not guilty and ask for a trial

?      To be tried in an open court, which may be attended by the public, including the well- wishers of the accused

?      To be present during the trial

?      To be defended by a defence lawyer who may cross-examine, or question the witnesses called by the public prosecutor and present his/her own witnesses

 

If an accused is unable to hire the services of a lawyer due to poverty or any other reason, the court appoints one and the State pays for his/ her services. This is in accordance with Article 39A of the Constitution.

 

Role of the judge

The judge decides on the guilt or innocence of the accused only on the basis of the evidence presented. He or she must determine whether the investigations have been carried out in a proper manner, whether the evidence presented is genuine and whether the charge can be proved beyond doubt on the basis of the evidence. If there is any doubt, the accused is given the benefit of the doubt and set free. If the charge is proved beyond doubt, the judge determines the sentence (punishment).

 

PROCESS OF LAW                                   

In 2004, A. Kumar was charged with killing a woman by driving rashly. In 2011, the trial court acquitted (cleared of charge) him because there was no witness to the incident and the prosecution could not produce sufficient evidence to prove his guilt beyond doubt.