"Role of Police in Enforcing Criminal Laws": आपराधिक कानूनों को लागू करने में पुलिस की भूमिका"

The Evolution of Justice: Role of Police in Enforcing Criminal Laws and Protecting Rights through the Law

Introduction

            Man is a social being. He never wants to live in isolation but by his selfish nature, he also always commits disturbances, wrongs, and violence against his fellow beings who live in that society. In early primitive societies, the aggrieved person had no means for redressing his injury/damage against the wrongdoer except private vengeance and self-help, and in some later stage, the payment of compensation to the victim by the wrongdoer was also allowed. This type of justice remained private in nature till the modern state came into existence. In course of time, the state exerted its authority and took upon itself the responsibility of administering justice and punishing the wrongdoer using its force whenever necessary. With the growth of the State’s power, private vengeance and self-help were substituted by the administration of criminal justice and civil justice.

Role of Police under the Criminal Procedure Code (CrPC):-

The work of administration of criminal justice is carried out by different agencies of the state like police, prosecutors, advocates, judges, and functionaries in the correctional services and jails. Among them, the police play a very important role, and for academic discussion some important provisions of the criminal procedure code under which the duties, powers, and responsibilities of the police are to be discussed below.

How to arrest is made
Section 41 Cr.P.C. empowers any police officer to arrest without warrant any person, who has been concerned in any cognizable offense, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists.

Arrest by a private person:-
Under Section 43 Cr.P.C. private person may also arrest another person if the person commits a non-bailable offense and cognizable offense in his presence or any proclaimed offender without delay. However, the arrested person is to be handed over to the police immediately.

Rules regulating search and arrest
The law also provides that for the arrest of a woman, a female police constable shall be accompanied and no woman shall be arrested after sunset and before sunrise without the permission of the Magistrate First Class of the local jurisdiction where the arrest is to be made.

Section 50 Cr.P.C. provides mandatory duties for the police to inform the grounds of arrest and the right to bail to the arrested person. Examination of the arrested person by a medical practitioner at the request of the police officer and at the request of the arrested person is also provided under Sections 53, 54, and 54-A Cr.P.C.

Under Section 57 Cr.P.C. if any arrested person is not discharged by the police, he is to be forwarded within 24 hours to the concerned Magistrate (Sec. 167 Cr.P.C.). In case the offender has been refused bail and if the Magistrate remands for further police custody or judicial custody, as the case may be, the accused may be detained for a specific period and the arrested person should be produced from the custody.

Role of Police as to Maintenance of public order and tranquillity:

Nowadays most of the agitations or strikes are carried out by student organizations, government employees, industrial workers, professional groups, employees of autonomous bodies, JAC of the voluntary organizations, and political parties particularly the opposition to the ruling party, by doing violent activities and destroying the lives and properties of the public. In such a situation police have to play a very important role as the machinery of the state to maintain public order and tranquillity according to law. Under Section 129 Cr.P.C. any Officer-in-charge of a police station or a Police Officer not below the rank of Sub-Inspector may command to disperse any unlawful assembly or assembly of five or more persons likely to cause a disturbance of the public peace. If, upon being so commanded, such assembly does not disperse, any Police Officer referred to above may proceed to disperse it by force, may require the assistance of any male person to disperse it, and may arrest and confine the persons forming part of the assembly and they may be punished according to law.

Speedy trial and Police Response

Under Section 173 Cr.P.C. the law provides that every investigation shall be completed without unnecessary delay. This completion report of the police is also known as a charge sheet. The court also held that “Inordinate delay in submitting the final reports i.e. charge sheet may lead to the grievance that the investigation is carried on unfairly or with some ulterior motive.” Seven years of delay was held as a good ground for setting aside the order of convictions.

Our final words have discussed the role of police, their powers, duties, and responsibilities in the administration of the criminal justice system. Without the active participation of the civil police, the state can't maintain law and order. There is, therefore, an immediate need to examine the procedural laws and allied regulations for modifying them to enable police response to conform to public expectations, consistent with the resources potential of the police. On the other hand, cooperation from the public is also highly essential.