Abstract

This research paper discusses how “The Criminal Procedure (Identification) Act 2022” is in consonance with the crime control model more than the due process model. It will also cover how the crime control model is not the most ideal of all and how the reliance on this model should be done hand in hand with the due process model for the suppression of crimes. According to Packer, "if the Crime Control Model looks like an assembly line, the Due Process Model looks like an obstacle course." Whereas one model reflects a lot of discretion given to police officers in order to discharge justice by finding criminals, the other model also aims to find criminals but through various checks in the process that are referred to as obstacles in the course. They represent two opposing values for the administration of criminal justice in the country. For the criminal system to function properly, both processes must be in sync with one another, and only one of them will cause problems. The given new act employs only the crime control model, with no regard for the due process model, making it highly arbitrary in nature. According to the above analysis, the due process model is preferred in India over the crime control model because it provides a more formal structure and the police do not have any discretionary power, which could lead to harassment of the accused. As a result, in order for the new act to be effective without jeopardising any individual's rights, it would need to incorporate elements of the due process model as well.

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