The recent observations of the Supreme Court regarding the need for a reliable code for police investigation reinforce the fundamental role of law enforcement agencies in the criminal justice process, as highlighted by the Justice Malimath Committee in 2003.
Authors
Abhinav Mehrotra, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Amit Upadhyay, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
The Supreme Court of India, in a recent judgment, underscored the necessity of establishing a “consistent, comprehensive, and dependable code of investigation” to prevent the acquittal of the guilty due to legal loopholes. This decision not only reaffirms the crucial role of the police in the successful prosecution of guilty individuals in criminal proceedings but also highlights the sensitivity of the rights of individuals who may have been wrongfully punished due to procedural lapses committed by law enforcement agencies. The Supreme Court’s ruling harks back to the concerns raised by the 2003 Justice Malimath Committee Report that emphasised the need for reform in the criminal justice system, mainly focusing on the subpar quality of police investigations in collecting admissible evidence while searching for the truth.
The Indian criminal justice system has long grappled with issues surrounding police investigations. Questions that arise once an investigation is initiated encompass the nature of the crime, the identification of suspects, and the availability of evidence to press charges.
Here is an analysis of the obligations imposed on the police under the Indian Police Act of 1861, insights derived from the Justice Malimath Committee Report, and a case study involving the offence of dowry death under the Indian Penal Code, illustrating the discretion exercised by the police.
Published in: ABP Live
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