DATED : 21ST APRIL, 2017CRIMINAL JUSTICE SYSTEM AND THE ROLE OF COURT AND POLICE IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN INDIA (PROJECT SUBMTTED FOR THE PARTIAL FULFILLMENT OF THE DEGREE OF LL.B.) BATCH : 2015-18 SUBMITTED TO: SUBMITTED BY: MR. SURYA DEV VERMA MADHUR MEENAKHSHI BHATTACHARYA FACULTY OF LAW LL.B., 4TH SEMESTER SIDDHARTHA LAW COLLEGE, DEHRADUN (AFFILIATED TO UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN) 1 ACKNOWLEDGEMENT I would like to extend my sincere gratitude to Siddhartha Law College, our respected Principal, Dr. Sharafat Ali, our respected teacher Mr. Surya Dev Verma and every member of the Faculty, Staff and my fellow Students who have helped me in setting up this Project on this very interesting topic “CRIMINAL JUSTICE SYSTEM AND THE ROLE OF COURT AND POLICE IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN INDIA” within a very limited period of time. I am thankful to each and everyone for their provision of expertise and technical support in the implementation. 2 INTRODUCTION 6 4. PROCEDURE OF ADMINISTRATION OF CRIMINAL 7 JUSTICE IN INDIA 5. NEED FOR SPEEDING UP THE CRIMINAL JUSTICE 15 SYSTEM 7. OBJECTIVE OF THE PROJECT 4 2. RESEARCH METHODOLOGY 5 3. 1. TABLE OF CONTENTS SL. CONCLUSION 23 3 . TOPIC PAGE NO.NO. MALIMATH COMMITTEE REPORT 22 9. ROLE OF COURTS AND POLICE 17 8. EVOLUTION OF CRIMINAL JUSTICE SYSTEM 12 6. i. 1. 4 . So. India has adopted an adversarial system of justice which views Court as a passive demonstrator. the Conclusion part would shade light on the theme of this paper coupled with the project author’s take in this regard. The project paper is divided into various sections. The Indian Penal Code (1860). the viability of this model and its difference from the inquisitorial system is dealt with in length.. The inherent power of the High Court has also been discussed in the paper elaborately. OBJECTIVE OF THE PROJECT This project paper aims at a brief overview of the Criminal Justice System and the Role Of Court and Police in the Administration of Criminal Justice in India according to the provisions of the Supreme Law of the Land. Lastly the reforms suggested by the Malimath Committee Report are analyzed in light of the simultaneous functioning of the court and the police. it would be an injustice to claim that this work would herald a new dimension on the study of this field of the Constitution and Criminal Law.e. ranging from Introduction to Conclusion. Subsequently. the project author has tried level best to garner a brief overview of the earlier works done on the same area and the complementary roles of police and the court have been discussed in context of the investigation of cases. However. The project author humbly believes that the present work could not give a complete picture on such a wide and dynamic topic as Criminal Justice System and the Role of Court and Police in the Administration of Criminal Justice in India. The Constitution of India. The Indian Evidence Act (1872) and The Code of Criminal Procedure (1973). country-data. 2.N.N.legalservicesindia.org www. Pandey Central Law Agency Allahabad TEXT BOOK ON THE INDIAN PENAL CODE K.com www.D. J.com www.org www. 1973 S. Misra Central Law Publications Allahabad INTERNET SOURCES : www.Gaur Universal Law Publishing Co.google.com www.lawteacher.net www. Ltd. PRIMARY SOURCES: THE CONSTITUTION OF INDIA THE INDIAN PENAL CODE (1860) THE INDIAN EVIDENCE ACT (1872) THE CODE OF CRIMINAL PROCEDURE (1973) SECONDARY SOURCES: CONSTITUTIONAL LAW OF INDIA Dr.ielrc.com 5 . Pvt.wikipedia.preservearticles. New Delhi THE LAW OF EVIDENCE Batuk Lal Central Law Agency Allahabad THE CODE OF CRIMINAL PROCEDURE. RESEARCH METHODOLOGY The Doctrinal or Traditional or Non-Empirical Legal Research Methodology has been followed in this project paper. "A tooth for a tooth. a life for a life" was the forerunner of criminal justice. 6 . Substantive criminal law defines offences and prescribes punishments for the same. As time advanced. an eye for an eye. They are pillars of the administration whose role is to ensure that the individual liberty is protected and the crime from the society is eliminated. and Indian Penal Code i.P. Though the functions and powers of courts and the police are inherently connected yet both are quite distinct in terms of the statutory powers conferred on them. Every man was liable to be attacked in his person or property at any time by any one. while the procedural law administers the substantive law. Such a system gave birth to archaic criminal law.C. 3. INTRODUCTION The essential object of criminal law is to protect society against criminals and law-breakers. the injured person agreed to accept compensation. instead of killing his adversary. The person attacked either succumbed or over- powered his opponent. a sliding scale came into existence for satisfying ordinary offences. The two institutions are very much interlinked in their sphere of functioning and their mode of working. consists of both the substantive criminal law and the procedural (or adjective) criminal law. Cr. However with the changing times the societal norms also change and people who are part of this society have to accept this change either by way of compromise or any other way in order to adjust and make them still the part of the very same society. In earlier days there was no criminal law in uncivilized society. Judiciary and Police are the two integral parts of the society for securing justice. in its wider sense. Therefore the two main statues which deals with administration of criminal cases in our country are Criminal Procedural Code i. For this purpose the law holds out threats of punishments to prospective lawbreakers as well as attempts to make the actual offenders suffer the prescribed punishments for their crimes. Therefore. IPC being procedural and substantive respectively. criminal law. Subsequently.e.e. inquiry and trial. PROCEDURE OF ADMINISTRATION OF CRIMINAL JUSTICE IN INDIA The procedure of administration of criminal justice in our country is divided into three stages namely investigation. COGNIZABLE OFFENCES. 7 . a police officer has no authority to arrest without warrant" Section 2 (g) defines “Inquiry" means every inquiry. Although the said process appears to simple and plain on paper but in practicality is cumbersome and time consuming which is defeating the main essence of a criminal system i. in accordance with the First Schedule or under any other law for the time being in force. arrest without warrant". Whereas Section 2(l) defines “Non-cognizable offence" means an offence for which. other than a trial. Therefore for a dispute to be resolved the said case has to go through the three stages i. and “non- cognizable case" means a case in which.e. and Section 2 (h) defines "Investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf. 4. NON COGNIZABLE OFFENCES. The Code of Criminal Procedure 1973 provides for the procedure to be followed in investigation.e. INQUIRY. for every offence under the Indian Penal Code or under any other law. INVESTIGATION. inquiry investigation and trial and after this process is completed the judgement of the court is passed by the judge who decides the case and its outcome. fair and expeditious justice and hence warrants a change now. Section 2(c) of the Code defines ‘Cognizable Offence’ and ‘Cognizable case’ as follows: - “Cognizable Offence" means an offence means an offence for which. inquiry and trial. and “Cognizable case" means a case in which. conducted under this Code by a Magistrate or court. a police officer may. The investigation procedure ends with a submission of a police report to the magistrate under Section 173 of the code this report is basically a conclusion which an investigation officer draws on the basis of evidence collected. If Magistrate receives information about commission of a cognizable offence he can order an investigation. In such cases citizen is spared the trouble and expense of investigating and prosecuting the case. either on receiving a police report or upon a complaint by any other person. which may consist of the examination of various persons including the accused and taking of their statements in writing and the search of places or seizure of things considered necessary for the investigation and to be produced at the trial. includes all the efforts of a police officer for collection of evidence: proceeding to the spot. collection of evidence relating to the commission of offence. Section 156(1) requires the concerned officer to investigate the facts and circumstances of such a case without any order from the Magistrate in this behalf. taking the necessary steps for filing the charge-sheet. INQUIRY Inquiry dealt under Sections 177-189 of the code which consists of a magistrate. 8 . It primarily consists of ascertaining facts and circumstances of the case. the officer or any subordinate officer is duty-bound to proceed to the spot to investigate facts and circumstances of the case and if necessary. discovery and arrest of the suspected offender. Section 154 provides that any information received in the police station in respect of a cognizable offence shall be reduced into writing. the third stage is trial. Lastly. if the officer-in- charge of a police station suspects the commission of an offence. takes measures for the discovery and arrest of the offender.INVESTIGATION Investigation is a preliminary stage conducted by the police and usually starts after the recording of a First Information Report (FIR) in the police station. Trial is the judicial adjudication of a person’s guilt or innocence. being satisfied of the facts. from statement of FIR or when the magistrate directs or otherwise. got signed by the informant and entered in the concerned register. ascertaining facts and circumstances. Section 157 of the code provides for the procedure for investigation which is as. formation of opinion as to whether on the basis of the material collected there is a case to place the accused before a magistrate for trial and if so. implying all cases relating to offences punishable with imprisonment not exceeding two years. The provisions regarding the procedure to be followed in summons case is dealt under Sections 251-259 of the Cr. The common features of the trials in all three of the aforementioned procedures may be roughly broken into the following distinct stages: 1.P.P.C. Section 2(x) of the Cr.. FRAMING OF CHARGE OR GIVING OF NOTICE This is the beginning of a trial.e. Summary trials are dealt under Section 260 – 265 of the Cr.P. the high court may empower magistrates of first class to try certain offences in a summary way where as second class magistrates can summarily try an offence only if it is punishable only with a fine or imprisonment for a term not exceeding six months.C. summons and summary trials. imprisonment for life or imprisonment for a term exceeding two years. called warrant. to the accused when the person appears in pursuance to the summons. if the magistrate thinks that it is in the interest of justice. At this stage. A warrant case relates to offences punishable with death. A summons case means a case relating to an offence not being a warrant case. Trial of warrant cases is dealt under Sections 238- 250 of the code. In a summary trial no sentence of imprisonment for a term exceeding three months can be passed in any conviction. The court gives substance of the accusation.P.C defines Warrant-case i. there is no need to frame a charge.Under the Cr. 9 . criminal trials have been categorized into three divisions having different procedures.C the procedure is as provided. In respect of summons cases. The particulars of the summary trial are entered in the record of the court and in every case which is tried summarily in which the accused does not plead guilty the magistrate records the substance of the evidence and a judgment containing a brief statement of the reasons for the finding. imprisonment for life or imprisonment for a term exceeding two years. which is called “notice". The court has the power to convert a summons case into a warrant case. the judge is required to weigh the evidence for the purpose of finding out whether or not a prima facie case against the accused has been made out. “Warrant-case" means a case relating to an offence punishable with death. 3. upon consideration of the record of the case and documents submitted and after hearing the accused person and the prosecution in this behalf. The accused has a right to cross-examine all the witnesses presented by the prosecution. The statement of witnesses is on oath. The words “not sufficient ground for proceeding against the accused" mean that the judge is required to apply a judicial mind in order to determine whether a case for trial has been made out by the prosecution.P. on the contrary. then trial begins. the court frames the charge and proceeds with the trial. the prosecution is asked to examine its witnesses before the court. the judge considers that there is not sufficient ground for proceeding. Trial starts after the charge has been framed and the stage preceding it is called inquiry. when the examination of witnesses has once begun. the judge discharges the accused and records reasons for doing so. with discretion convict him however if the accused pleads not guilty and claims trial. STATEMENT OF ACCUSED 10 . A charge is nothing but formulation of the accusation made against a person who is to face trial for a specified offence. yet it may be sufficient for the satisfaction of the court in order to frame a charge against the accused person. The charge is read over and explained to the accused. RECORDING OF PROSECUTION EVIDENCE After the charge is framed. It sets out the offence that was allegedly committed. the charge is prepared and after the formulation of the charge the trial of the accused starts. If. This is called examination-in-chief. It may be better understood by the proposition that whereas a strong suspicion may not take the place of proof at the trial stage. If pleading guilty.C further provides that the proceeding shall be held as expeditiously as possible and in particular. After the inquiry. 2. the same shall be continued day-to-day until all the witnesses in attendance have been examined. the judge shall record the plea and may. Section 309 of the Cr.In case the material placed before the court discloses grave suspicion against the accused that has not been properly explained. The accused may produce witnesses who may be willing to depose in support of the defence. when the accused is not acquitted for absence of evidence. JUDGMENT 11 . the judge considers that there is no evidence that the accused has committed the offence. 6. FINAL ARGUMENTS This is the final stage of the trial. if any. However. the prosecutor shall sum up the prosecution case and the accused is entitled to reply.C provide that when examination of the witnesses for the defence. However. Most accused persons do not lead defence evidence. The purpose of this examination is to give the accused a reasonable opportunity to explain incriminating facts and circumstances in the case. One of the major reasons for this is that India follows the common law system where the burden of proof is on the prosecution. The accused may apply for the issue of process for compelling attendance of any witness or the production of any document or thing. a defence must be entered and evidence adduced in its support. DEFENCE EVIDENCE If after taking the evidence for the prosecution. and the degree of proof required in a criminal trial is beyond reasonable doubt.P. The witnesses produced by him are cross-examined by the prosecution. The accused person is also a competent witness under the law. The witnesses produced by him are cross-examined by the prosecution. The provisions of the Cr. The accused person is entitled to present evidence in case he so desires after recording of his statement.The court has powers to examine the accused at any stage of inquiry or trial for the purpose of eliciting any explanation against incriminating circumstances appearing before it. This examination is without oath and before the accused enters a defence. 4. it is mandatory for the court to question the accused after examining the evidence of the prosecution if it incriminates the accused. examining the accused and hearing the prosecution and defence. The same is provided for under Section 234 of the code. 5. is complete. the judge is required to record the order of acquittal. every accused enjoys the right against self-incrimination. The ‘procedure’ prescribed by law has to be ‘reasonable. falling in the chapter on fundamental rights. the burden of proof being on the prosecution. as soon as may be. EVOLUTION OF CRIMINAL JUSTICE SYSTEM In our criminal jurisprudence. every person who is arrested and detained in custody is required to be produced before the nearest magistrate within 24 hours. right against handcuffing. Here it is relevant to mention that the Cr. It lists various compoundable offences under table 1 of the Indian Penal Code which may be compounded by the specified aggrieved party without the permission of the court and certain offences under table 2 that can be compounded only after securing the permission of the court compounding of offences also brings a trial to an end. every person who is arrested is entitled to be informed.C also contains detailed provisions for compounding of offences. Writ of habeas corpus is a remedy available under our Constitution to question detentions which are illegal. he is entitled to a true investigation. A right to early end of criminal proceedings through a speedy trial is a part of right to life. the judge pronounces his judgment in the trial. nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence ( the rule against ex post facto penal law). guarantee that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act or omission charged as an offence. right against bar fetters. Article 21 of our Constitution guarantees protection of life and personal liberty and enjoins that no person shall be deprived of his life or personal liberty except according to procedure established by law. Articles 20 and 22 of the Constitution of India. right 12 . Through judicial interpretation. this fundamental right has been elaborated and expanded tremendously.After conclusion of arguments by the prosecutor and defence. an accused is presumed to be innocent till proven guilty. Right against solitary confinement. The standard of proof required is ‘proof beyond reasonable doubt’.P. excluding journey time. fair and just’. 5. and cannot be further detained without the magisterial authority. and fair and open trial. and the prosecution is enjoined to play a balanced role in the trial of an offence. of the grounds for such arrest as well as the right to consult and be defended by a lawyer of his choice. no person shall be prosecuted and punished twice for the same offence (the rule against double jeopardy). against custodial violence. not legal. To punish the transgressors and the criminals. along with parts of the Indian Evidence Act 1872. such as the family. Although society maintains other forms of social control. the Code of Criminal Procedure 1973. To deter the offenders from committing any criminal act in the future. They 13 . and correcting criminal conduct. misbehaviour. Criminal Justice refers to the agencies of government charged with enforcing law. the relevance of our criminal justice system. Then. The criminal justice system is essentially an instrument of social control: society considers some behaviours so dangerous and destructive that it either strictly controls their occurrence or outlaws them outright. Only the criminal justice system has the power to control crime and punish criminals. To maintain law and order in the society. To rehabilitate the transgressors and the criminals. there are well-meaning provisions concerning bail. The Indian Penal Code 1860. and right to legal aid are but some of the rights which have been held to flow from this article. adjudicating crime. A large number of special and local laws take care of various other antisocial activities. So. Perhaps the criminal judicial system is based on the laws that are arbitrary and operate to the disadvantages of the poor. Avoidable arrests are frowned upon by courts. right to human conditions in prisons and protective homes. and church. constitute the essence of Indian criminal law. Of late. they are designed to deal with moral.both substantive and procedural. school. It is the job of the agencies of justice to prevent these behaviours by apprehending and punishing transgressors or deterring their future occurrence. Members of the armed forces face trial for offences by a Court Martial under special Acts owing to their special requirements. A person arrested cannot be subjected to more restraint than is necessary to prevent his escape. the main objectives of the criminal justice system can be categorized as follows: To prevent the occurrence of crime. is being seriously questioned.a replica of the British colonial jurisprudence. To compensate the victims as far as possible. 14 .have always come across as law for the poor rather than law of the poor. there are practically none to pressurize the government and the legislature to amend the laws to protect the week and the poor. humanize prison houses and make anti-social and anti-national criminals etc. Prison justice. The criminal justice system is cumbersome. expensive and cumulatively disastrous. In view of the importance of the subject matter. radicalize punitive processes. They have revolutionized our judicial jurisprudence and will go a long way in giving relief to the large masses and the common man. it is proposed to explain in brief some of the important areas of the criminal justice system that have attracted the attention of the courts in recent years. Legal aid and legal services. notwithstanding constitutional guarantee to the contrary. 4. no serious efforts have been made to redraft penal norms. Compensation to the victims. These are: 1. It operates on the weaker sections of the community. The poor can never reach the temple of justice because of heavy costs involved in gaining access and the mystique of legal ethos. 3. Public interest litigation. Bail justice jurisprudence. with appeals after appeals. 5. The hierarchy of courts. Even after five decades of independence. There are hardly any people to advocate for the new laws to help the poor. The importance of these developments to the delivery system of justice can’t be ignored. incapable of escaping the legal coils. puts legal justice beyond the reach of the poor. Making the legal process costlier is an indirect denial of justice to the people and this hits hard on the lowest of the low in society. 2. at their work. 6. and on the public streets”. that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching. this delay/denial of justice leads to increasing “Out of Court settlements” which are cheaper and quicker thereby leading to the loss of trust in our Judicial System. But the experiences of last 57 years show that the State has failed squarely on addressing some very basic issues–quick and inexpensive justice and protecting the rights of poor and the vulnerable. so it should be easier. As Chief Justice Burger has noted: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value. There are cases that take so much of time that even a generation is too short to get any type of redressal. The justice delivery system is on the verge of collapse with more than 30 million cases clogging the system. that people come to believe the law in the larger sense cannot fulfill its primary function to protect them and their families in their homes. stagnant and in urgent need of a complete overhaul. A judicial system that cares only about evidences and facts shouldn’t worry about taming the souls of the plaintiff and the defendant with time rather give justice as quick as it can. This has been explicitly made so in the Article 39-A of the Constitution that directs the State – to secure equal justice and free legal aid for the citizens. 15 . It will take about 300 years to clear the backlog of cases in Indian courts is proof enough that our criminal justice system is sick. all it needs is argument and hearing and quicker pronouncement of Justice. In the Uphaar case it is shocking that it took six years to establish that the 59 people died because of criminal negligence on the part of the cinema management and the Delhi government. and “Justice Delayed is Justice Denied” Unfortunately the judicial system in India is based on Evidences and facts not conscience or morals. once having the facts at hand. NEED FOR SPEEDING UP THE CRIMINAL JUSTICE SYSTEM “JUSTICE DELAYED IS JUSTICE DENIED” The reason one goes to court is to get justice. Much of this is due to shortage of judges. The highly technical and competitive clerical staff will also help in 16 . in high courts over 33. The clerical staff must be free from all type of corruption. sufficient staff and reasonable space are the need of the qualitative justice. some financial aid should be provided to Bar associations or the new beginners by the government. the Supreme Court and High Courts are having good infrastructure but this in not the same position with lower courts.79 lakh and in subordinate courts over 2. This is the era of computerization. The ratio of judges to population is 10. if the Ansal family and the guilty officials decide to appeal it could be many more years before justice is really done. Competency of the Other Staff in Court: It should also be kept in mind that not only Judges and Advocates be competent but also the administrative and clerical staff.5 to one million. requisite furniture. The infrastructure of the lower courts is very disappointing.000. the lowest in the world. Good library.It was clear from day one that nobody would have died had the cinema followed safety rules but because the wheels of Indian justice move at the pace of our national vehicle – the bullock cart – it took six years for justice to be done. In some courts security systems is also not good. The Courts have no convenient building or physical facilities. Though. The legal profession is one of the most struggling profession but no social security scheme is available for lawyers. The executive has failed to provide necessary infrastructure to enable judiciary and function normally.35 crore – a totally unacceptable situation. Even this low level is not reached because of the accumulation of vacancies in the Benches -140 against the approved strength of 668 judges in high courts and 2000 against 15000 in subordinate courts. The good working condition of the lawyers would help in the excellence of service and qualitative justice to the litigating public. CAUSES OF DELAY: Strength of Judges are inadequate according to population and bunch of cases: As of January 2005. pending cases in the Supreme Court number 30. And. 7. The lethargic police investigation is also a ground of slow process of law. such as crime investigation. in order to appreciate the evidence of the case. We all know how much time is taken in getting merely a copy of the judgment? It is hard that money is used to speed up the process. ROLE OF COURTS AND POLICE Court is called the temple of Justice. Also. Section 165 of the evidence act empowers the judge to ask for a proper explanation of the facts or evidence from the parties concerned and the police. In a criminal justice system. the crime investigation is not immune from the partisan politics. The bribe giver does not wish. It sometimes become necessary to take an inspection of the place related to the offence. This section is meant to help the judge reach a conclusive opinion after taking note of all the relevant facts present in the case. Nowadays. Investigative agencies generally delay: The investigation of crime It is generally heard that the accused gets bail as the investigating agency failed to submit charge sheet within statutory period. The code confers several rights upon the court to reach to the right decision and do complete justice to a case.speedy course. intelligence gathering. 17 . and security of VIPs by a single police force has a devastating effect on the criminal justice system. A judge has power to ask for any relevant document at any time and the parties are not entitled to object to such questions and orders of the court. but merely wants to speed up the process of movement of files and communication relating to decision. A Court is an independent and impartial body whose function is to decide whether the accused person is guilty or not. riot control. to get anything done unlawfully. The combination of several functions. Section 310 envisages such a power upon the magistrate to have a local inspection of the place concerned. Certain sections of staff concerned do work only after taking money. maximum faith is placed in the functioning of the court right from the arrest to the closure of the case. The power of the government to drop criminal charges against the accused has further abused it. trial or any proceedings under the code. Section 44 of the act provides for the arrest of a person who has committed offence in the presence of the magistrate or is suspected of having committed an offence. lies in the domain of power of the Magistrate. Magistrate has the power to take cognizance of any case that comes to him under section 190 of the code. Section 229 confers upon the judge a discretionary power to convict the accused if the accused pleads guilty before the court. Magistrate has an important role to play in the process of arrest of the accused. The purpose of this section is to ensure that the true cases should not go unpunished for want of the material evidence and innocent person should not be punished for their failure to bring relative and material evide nce on record at an earlier stage of the proceedings. Also where a person is charged with the commission of non-cognizable offence. Section 319 enlisted in chapter XXIV of the code enables the court to “proceed against any person not shown or mentioned as accused but if it appears from the evidence that such persons has committed such offence for which he could be tried along with the main accused against whom the trial is being held. Section 204 of the code empowers the magistrate to issue summon and warrant for the arrest of the person. Likewise framing of the charges if the judge has an opinion on the basis of materials and documents placed before him is one of the important functions of the court under section 228 of the code. The power to discharge the accused if no sufficient evidence against him can be found. Section 159 empowers a magistrate to whom first information is submitted under section 157 to make a preliminary investigation.In relation to the investigation of the case. ” This power of the court to summon a person can be exercised at any stage of the enquiry. Section 157 gives the magistrate a power to direct an investigation in cases in which the police decide not to investigate the case. 18 . Section 156 (3) empowers the magistrate to order investigation independently of police. section 311 of the code envisages on the court the power to summon any person as a witness and to examine any person in attendance or recall or re-examine any person already examined. police cannot arrest him without the issue of the warrant by the magistrate. In relation to the enquiry. Fourthly. Thirdly. Fifthly.C envisages several important power of the Court and in the long run of justice and peace. Lastly. The exercise of power under section 482 of the code is only an 19 . the allegation and the FIR must disclose a cognizable offence by the virtue of Section 156(1). falling to which an FIR can be quashed by the High Court. Section 348 empowers the court to discharge the offender on tendering of apology whereas S-349 enables the court to impose punishment for refusing to answer court’s questions. the order would be quashed by the court. the allegations made in the FIR must be of serious nature and absurd and inherently improbable allegations on the basis of which a prudent person can never reach a conclusion will be discarded. makes the Judge a beacon. Chapter XXIV contains the powers to deal with these offences. A court not only punishes those who violate the law but also take care of the interest of the society along with the police and the public prosecutors. POWER OF COURT Section 482 given in chapter XXXVII of the code lays down the inherent powers of the High Court where the High Court can quash the proceedings “either to prevent the abuse of process of any court or to secure the ends of the Justice”. the high court has the power to quash that FIR. the evidence collected must exhibit the support to the allegations made and complaint filed. Secondly. it is likely to be quashed. if the nature of allegation is non-cognizable and an investigation is carried out by the police officer without the prior order of the magistrate. if in case it doesn’t. In the case of State of Haryana v Bhajan Lal.P. the Supreme Court laid down seven conditions. Sixthly.holder for the protection of individual’s interest. Cr. court normally would quash such order. Court has power to weigh the side of both accused and the prosecution and come to a right decision.The code contains provisions for trial and punishment of offences. Section 344 provides for a summary procedure for trial for giving false evidences. proceedings can be brought to an end. if the criminal proceedings are conducted with a malafide or if the proceeding is instituted with an ulterior motive under private and personal grudge. Section 482 does not envisage any additional power to the High Court. if there is an express legal bar engrafted in any of the provision of the code or the concerned act to the institution to provide efficacious redress for the grievance of the accused. First of the conditions read that if the allegations in the FIR of the case do not prima facie make out a case against the accused. namely. then it may exercise its inherent power under section 482 of the Cr. have inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law.P. All that the aggrieved person can do is to move to High Court and invoke Article 226 of the constitution. In case an accused feels aggrieved with the way police is investigating the case. the Supreme Court held that Section 482 of Cr.P. the Supreme Court held that the High court should be very slow and careful in its interference with the investigation or prosecution by virtue of this section. No legislative enactment dealing with procedure can provide for all cases that may possibly arise. (ii) to prevent abuse of the process of Court.exception and not a rule. It only saves the inherent power which the Court possessed before the enactment of the Code. In the case of non-application of Section 482.C does not confer any new power on the High Court rather this section is meant only to safeguard the existing powers of the High court to establish the rule of law and procure justice to the people. It envisages three circumstances under which the inherent jurisdiction may be exercised. Courts. a magistrate cannot interfere or take over the investigation or entrust it to any subordinate magistrate. State of Andhra Pradesh.C. (i) to give effect to an order under the Code. Though this inherent power is vested only in the High Court. In Didigam Bikshapathi v. Only when the High court would be satisfied that the complaint does not disclose commission of any offence or prosecution is barred by limitation or that the proceedings of criminal case would result in failure of justice. therefore.M Seshagiri V State of Andhra Pradesh.. It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. Article 226/227 of the constitution can be invoked because 20 . The limitation lies to the use of this section for in the case of S. (iii) to otherwise secure the ends of justice. he does not have an option to approach the magistrate since under section 156(1). the 141st report of the 12th Law Commission recommended for conferment of the inherent powers on the subordinate courts also other than High Court. That is the doctrine which finds expression in the section which merely recognizes and preserves inherent powers of the High Courts. Section 156 confers on the police the power to investigate the commission of any cognizable offences. This section places the statutory right on the police to carry out investigation of the circumstances of the alleged crime without requiring any authority from the judicial authorities and neither can a magistrate nor a High court can interfere with those rights by an exercise of inherent jurisdiction of the court. When an offence committed is brought to the notice of the police.nothing in the code can curtail the constitutional power of the High Court if the conditions for the exercise of extraordinary power are present. police is the principal agency for carrying out investigations. Article 226 provides for the writ jurisdiction to the High Court which entails a procedure to obtain speedy and effective redress against an illegal exercise of power by the Executive. The power of the police to investigate exists even without such information of cognizable offence if the police have the reason to suspect the commission of a cognizable offence by virtue of Section 157. The police have got wide powers of investigation under Section 156 and Section 157 of the act. Police ensures protection of people and their property and work to maintain peace in the society. oral or circumstantial that is necessary to prove the case in the court. Section 157 of the code requires of the police officer to immediately commence 21 . it is essential to convince the High Court that the power of investigation has been exercised by a police officer malafide. POWER OF POLICE Police is the anchor of the criminal system in India. ascertain the facts and circumstances relevant to the crime and to collect the evidence. in such cases the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal power. In order to invoke Article 226. it is their responsibility to investigate into the matter to find out who has committed the offence. This section empowers the police officer in charge of the police station to investigate only cognizable offences which a court having jurisdiction over the particular local area may inquire into and try. In criminal justice system. The success or failure of the case depends entirely on the work of the investigating officer.the investigation of the crime and the crime prevention. Through writs. Primarily the police have twofold roles to play. High Court comes in a position to control to an extent the administrative authorities of the society. The report was critical of the adversarial system of justice on account of the lack of faith of the people in this model of criminal justice. the general presumption is that falsehood generally succeeds in courts. faulty attitude of the parties. It is of utmost importance that the police must be prompt in the investigation of the cognizable offence as delay therein is likely to cause serious prejudice either to the accused or to the prosecution.investigation when he has reason to suspect the commission of a cognizable offence within the jurisdiction of his police station.S Malimath.” Since no provision exists in the code to oblige the court to find out the truth. lack of witnesses or inadequacies in the principles and laws regulating the system. Under inquisitorial system. There can be instances of failure of the investigating agency to find out truth on account of “errors or omission. MALIMATH COMMITTEE REPORT Malimath committee was constituted by the Ministry of Home affairs of the Government of India in November 2000 for suggesting the reforms in the criminal law system of the country headed under former member of National Human Rights Commission. Police carry out investigation by virtue of Section 156(3) as well where they receive the order from magistrate empowered to take offence under Section 190. Malimath committee report appreciated the inquisitorial system of justice on account that in this model an effective role of magistrate comes into the picture. The Malimath committee recommended the same on 22 . fundamental principles of criminal laws such as rights of the accused. prosecution. a magistrate seeks to conduct a fair trial. Prosecution and Judiciary of India. The committee pointed out that the judge in order to show himself neutral becomes passive and truth becomes a mere “casualty”. burden of proof and justice to victims and proposed far reaching changes in the context of investigation. 8. The report was divided into two volumes and it contained a total of 158 recommendations for reforming the criminal justice system. The committee led out a comprehensive research of the criminal justice system. and judiciary and the crime and punishment. presumption of innocence. The report was published in 2003 and it suggested various radical reforms with respect to the Police. Justice V. he examines all the evidences and the witnesses and tries to protect the accused from “arbitrariness”. Magistrates and Judges. 23 . a thorough research is required to be done before the application of the inquisitorial system in India with regards to the implication of giving in hands of the judges. cognizable and non cognizable offences and offences on warrant case and summon case. It includes the various interlinked powers and functions of Police.” 9. such supreme power to decide a case as is given in the Inquisitorial Justice System. and build into a new system the safeguards necessary to such a system. in an adversarial system of Justice which India follows. Also there is a need to clear the backlog of pending cases. The recommendations of the Malimath committee if implemented would increase the participation of the court in the investigation and trial process though the recommendations have not yet been implemented fully. Also. Further. Criminal Code of Procedure contains the procedures to seek substantive criminal law in India with regards to the offences like bailable and non-bailable offences. Still. The criminal trial process has to undergo through the active prism of Police and Judiciary. CONCLUSION It can be concluded from the above discussion that “Justice delayed is Justice denied” so the justice giving system should be more strong and the speed of trail should be increased by bringing certain changes in the criminal justice system.the line that: “The shift to an inquisitorial system carries with it an increase in the competences and powers of the court. Police tries out the best to garner evidences against the person accused of the offence and the court determines whether that evidence is reliable enough to base the decision on or not. which created faith of public. the untiring efforts put by fear and flavorless Indian Judiciary is doing commendable job of imparting justice in spite of so many difficulties. The Indian law-maker must be aware of the implications of such a shift towards a court-controlled system. Prosecutor and the defence is dominant. which has the duty to order further investigations on its own motion if it is not satisfied with the result of the investigations. Public Prosecutor is the officer of court and his role in putting up the case of the prosecution can in no way be undermined. Police and courts complement the functions of each other. the role of the Police. They are the two sides of the same coin whose ultimate aim is to deliver justice to the parties. 24 .