This article has been written by Ms. Khushboo Kamal, a student of LL.B course, of Campus law centre, faculty of law, University of Delhi, North campus. Author is a 3rd year Law student.
INTRODUCTION:- In india, Police is a body of public servants who are vested with the duty to maintain public order, to identify and prevent crimes and to enforce the law. They embrace the whole system of internal regulation of the State. During the British reign, a Codified Act called the Police Act, 1861 was laid down. After this Act, there were various proposals for the enactment of the detective wing and therefore on the basis of various recommendations, the Criminal Investigation Department (CID) came into existence to look into the criminal matters which required more technical expertise. CID was first established in Bengal on 1st April, 1906. The Crime Branch can take complicated cases like those of communal riots or some complicated murder cases which the Police can find difficult to handle along with their daily work.
The use of Forensic Sciences is also one of the most crucial parts in the investigation system. The use of science and technology in investigation is not a new concept in India. Our ancestors were not aware of the concept of forensic sciences but used scientific methods in their system of investigation. They were well aware of the concepts of handprints and also fingerprints which were even used as the signatures for illiterate people.
Research Questions:
What are the various systems and techniques adopted in order to investigate crimes?
Are the adopted systems and techniques efficient enough to curb the crimes or to provide instantaneous justice to the victims?
Research Methodology:
Doctrinal method of research has been used for this research paper. I have referred to Secondary data, like books, articles, journals, newspaper articles, online databases (Manupatra, SCC online, and Jstor), online materials etc.
Primary Sources like case laws and statutes have also been referred to for the research paper.
Scope Of Study:
Crimes are increasing daily at a considerable rate and our investigators are lagging behind because of the amount of time taken to solve a single case at hand. Therefore, in this research paper, I have critically analyzed the various investigation systems and techniques in India. The research paper is basically aimed to analyze and have a clear understanding of the various investigation techniques and systems followed in India.
The objectives behind this research paper were to study:
The process of lodging complaints in the police study
The failure of the police department in registering FIR.
To analyze the current failure of criminal justice system.
To study about the police misconduct.
The forensic tools available for investigation.
Criminal Analysis of the forensic tools of investigation.
Various loopholes in the justice delivery system of the criminal investigating system.
DETAILS OF THE CONCEPT:-
“All about crime investigation” in india
Crime investigation is the process of identifying, collecting, analyzing, and presenting evidence to determine the truth behind a crime. In India, crime investigation is the responsibility of the police force. This article will cover everything you need to know about crime investigation in India, including the types of crimes investigated, the process of investigation, and the legal system.
Types of Crimes Investigated
The police in India investigate a wide range of crimes, including theft, burglary, assault, kidnapping, murder, and drug trafficking. Cybercrime has become a growing concern in recent years, and the police are now investigating crimes such as online fraud, hacking, and identity theft.
Process of Investigation
The process of crime investigation in India begins with the registration of an FIR (First Information Report). The FIR is a written document that contains the details of the crime, the date and time of the incident, the names of the victim and the accused, and the names of any witnesses. The police officer who registers the FIR must investigate the case and submit a report to the court.
The investigation process involves several steps, including the collection of evidence, the examination of witnesses, and the interrogation of suspects. The police may also use forensic science techniques to gather and analyze evidence, such as DNA analysis, fingerprinting, and ballistics analysis.
Once the investigation is complete, the police will submit a charge sheet to the court. The charge sheet contains the details of the crime, the evidence collected during the investigation, and the names of the accused. The court will then decide whether to proceed with the trial.
Legal System
The legal system in India is based on the British common law system. The criminal justice system is divided into three parts: the police, the courts, and the correctional system. The police investigate crimes and submit their findings to the courts. The courts hear cases and make judgments, and the correctional system is responsible for the rehabilitation and punishment of offenders.
There are two types of courts in India: the lower courts and the higher courts. The lower courts include the District Courts, which hear cases at the district level, and the Magistrate Courts, which hear cases at the local level. The higher courts include the High Courts, which hear appeals from the lower courts, and the Supreme Court, which is the highest court in India.
CONCLUSION:-
In conclusion, crime investigation is a vital part of the criminal justice system in India. The police investigate a wide range of crimes, including theft, assault, murder, and cybercrime. The investigation process involves several steps, including the collection of evidence, the examination of witnesses, and the interrogation of suspects. The legal system in India is based on the British common law system and is divided into three parts: the police, the courts, and the correctional system.
CASE LAWS:-
Case laws based on crime investigation in India;
There have been several notable case laws in India that have set important precedents for crime investigation. Some of these cases are:
K.M. Nanavati vs. State of Maharashtra (1959) – This case is known for its impact on the jury system in India. It involved a naval officer who shot and killed his wife’s lover and was subsequently tried by a jury. The case led to a public outcry and ultimately resulted in the abolition of the jury system in India.
Maneka Gandhi vs. Union of India (1978) – This case is known for its impact on the right to personal liberty in India. It involved a journalist whose passport was impounded by the government without proper explanation. The case led to the recognition of the right to travel as a fundamental right under the Indian Constitution.
Vishaka vs. State of Rajasthan (1997) – This case is known for its impact on workplace sexual harassment in India. It involved a social worker who was sexually harassed by her employer. The case led to the establishment of guidelines to prevent sexual harassment in the workplace.
Ajmal Kasab vs. State of Maharashtra (2012) – This case is known for its impact on the prosecution of terrorists in India. It involved a Pakistani terrorist who was involved in the 2008 Mumbai attacks. The case led to the first execution of a terrorist in India.
Shakti Vahini vs. Union of India (2018) – This case is known for its impact on preventing human trafficking in India. It involved the rescue and rehabilitation of children who were victims of human trafficking. The case led to the establishment of guidelines for preventing human trafficking and protecting the rights of victims.
These cases, along with many others, have helped shape the Indian legal system and set important precedents for crime investigation and prevention.
Aishwarya Says:
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to secondinnings.hr@gmail.com
Join our Whatsapp Group for latest Job Opening