We will learn about how the laws made by the Union Parliament are enforced properly and effectively by various government agencies.
ROLE AND GUIDELINES FOR THE POLICE
The Police is an important pillar of the administration. It enforces laws and maintains peace and security. Apart from this, in the modern period, the police have to perform several duties for society. Some important functions of the police are as follows:
(in case crime happens in society, the most important duty of the police is to investigate the complaint. An investigation is carried on, which includes investigation of the site (where the crime occurred), and collection of the evidence. On the basis of those facts, the police form an opinion. On the basis of this opinion, the police point the guilt of the accused person and file a charge sheet.
This charge sheet, filed in court, is the evidence of the investigation done by the police. But the police has no right to declare a person guilty or innocent. it is actually decided by the judge of the court. Thus, it mainly acts as a link between the criminal/suspect and the court.
The police investigation is based on the principle of ‘Rule of Law’ about which we have learnt in the previous chapters. It, therefore, states that the police investigation is always done in accordance with the law and full respect of human rights, laid down by the United Nations Commission on Human Right (UNCHR). The court has also laid down the basic guidelines that police must follow at the time of arresting the accused. For example, not to beat or torture or shoot anyone during the investigation.
Where to go to File an FIR
An FIR is filed in the police station. The police on being informed about the crime regarding the cognizable offence cannot refuse to file an FIR. It is obligatory for a police officer (in charge of the police station) or his assistant to register a case as disclosed by the complainant, else he will be suspended from his post.
After filing an FIR, he proceeds with the investigation in terms of the procedure contained under Sections 156 and 157 of the Criminal Procedure Court.
When an FIR is registered against an accused, a copy of it is forwarded to the court under provisions of the Code. If the copy of the FIR is not submitted to the court, the court will remain unaware of the offence. In most cases, however, the police refuse to lodge an FIR despite knowing the rules of Criminal Procedure The court, the role of the court becomes important since the judiciary can question the police for the refusal to register an FIR and order them to do so as per the Criminal Procedure Court.
Supreme Court’s Directive on FIR
To stop the police from acting in an arbitrary manner, the judiciary in a landmark judgment in July 2007 declared that ‘If Police do not register an FIR, it is a dereliction of duty and such Police officers should be suspended.’ Before this, in February 2006, the Supreme Court bench of justices comprising Hotoi Khetoho Sema and Arunachalam Chettiar Lakshmanan maintained that the Police cannot refuse to register the First Information Report (FIR) doubting the credibility of the report.
ROLE OF THE COURT
Arguments and response of both parties i.e., appellants and respondents are examined by the court based on the facts. Then the court gives its judgement. If any party does not agree with the judgement of the District Court, then he/she can appeal for justice in the High Court and then further to the Supreme Court, the highest court of justice in India. Thus, a court cannot act on its own and give justice.
DIFFERENCE BETWEEN THE ROLES OF COURT AND POLICE
The court has a wider scope for action than police. The Police take due notice of a violation or crime as soon as it happens, followed by collecting all the facts, including the offender’s identity. Thereafter, the matter goes to the judiciary for trial. Here, the facts are ascertained by the enforcement agency. Then, after these facts are presented before the prosecuting agency, the accused gets full opportunity to present and argue his side of the case. If the trial results in the accused person is guilty, he is made to suffer a penalty as prescribed for the crime committed
The Police has a direct or more or less exclusive responsibility in investigating a crime. The court in this regard, however, better placed as compared to the police. The ultimate objective of the judiciary is to secure peace. law and order in society, but the main role of the police to maintain the law and order cannot be denied.
ROLE OF A PUBLIC PROSECUTOR
(Public Prosecutor is a government official appointed by the state government. He helps in the prosecution of the offenders to keep society free from crime. The Public Prosecutor presents the case against an individual suspected of breaking the law, t is the Prosecutor who charges the accused with an explicit offence. Having done so, it has the responsibility of proving it as well.
The main aim of the Public Prosecutor is to play an important and neutral role and prosecute all persons who, have been charged-sheeted by the police. The prosecutor and the police are completely different agencies. The prosecution cannot be part of the investigation and the police cannot be part of the prosecution During the process of investigation, and till the filing of the charge sheet, the police has control over the proceedings. Once the charge sheet has been filed in the court, the public prosecutor takes over.