Police and Criminal Justice System: A Critical Analysis
Volume III, Issue VI, 2020
The manner in which police investigations are conducted is of critical importance to the functioning of the Criminal Justice System. Not only serious miscarriage of justice will result if error or malpractice vitiates the collection of evidence, but successful prosecution of the guilty depends on a thorough and careful search for truth and collection of evidence, which is both admissible and probative. In undertaking this search, it is the duty of the police to investigate fairly and thoroughly and collect all evidence, whenever for or against the suspect. Protection of the society being the paramount consideration, the laws, procedures and police practices must be such as to ensure that the guilty are apprehended and punished with utmost dispatch and in the process the innocent are not harassed. To achieve this objective, the investigating officers must be properly trained and supervised and necessary scientific and logistical support should be made available to them. The police perceive themselves psychologically and morally bound to do everything possible to curb crime and investigate the cases successfully to meet the peoples’ expectations. In this process, the police often resort to short cut methods and exhibit negative traits of police sub-culture, namely, rudeness, use of third-degree methods, defensiveness in the face of criticism, lack of innovativeness etc. Now-a-days in India Criminal Justice System is much affected by delayed disposal of cases. Pubic has now completely lost its confidence in law and criminal law has lost deterrent effect over prospective criminals resulting into increase in criminality in society giving rise to crime waves and ultimately the common citizenry is fearing of crime victimization. There are many reasons for delayed disposal of criminal cases, one of most important reason is that the investigating agencies are not investigating the cases promptly and effectively. Longer time period consumed during investigation is most important causation for delayed disposal of criminal cases.
 Pradeep Singh, ‘Delayed Investigation and Criminal Justice’, Civil & Military Law Journal, Delhi, Vol. 45, Jan-Mar, Apr-June, 2009, p.42.