Authored By: Ayushi Gupta
Mjpru bareilly
ABSTRACT
The main objective of police administration in any democratic state is to maintain law and order, prevent crime and protect the rights of citizens. Fairness in criminal cases is based on law and democracy. Police is an important part of the criminal justice system. The most basic process in the judicial system is done by the police. When any incident takes place, the person is most likely to go to the police. This is where H goes. More than half of the process of justice is completed by the police itself, but in the present time, serious problems like misconduct, procedural third, faulty investigation by the police have come to the fore in many criminal cases. Due to the small mistake of the police, the victim has to face a lot of obstacles in getting justice.
This article presents a constitutional analysis of the wrongdoings and constitutional analysis of the misconduct conducted by the police, it reflects on the judgments given by the Supreme Court and the importance of the rights of the general public and the accountability of the police.
INTRODUCTION
The main pillar of the criminal justice system is considered to be the police h. The job of the police is not only to catch the criminal. H. Balki The process of justice is to be done in a fair and legal manner. C suspects have come to light which have had a negative impact on the justice system and the credibility of the new system has been affected by H. The police are also expected to perform their duties with impartiality, honesty and the law.
Any bias investigation by the police violates the basic constitution of the Indian Constitution, 1950 provides for the right to feudal lord, Article 21 provides protection for freedom of life and Article 22 provides protection against arbitrary arrest.
In order to take note of the procedural nature of police misconduct by the new system, i.e., the Supreme Court, it has become very necessary to study the police misconduct, faulty investigation.
KEY WORDS
- Procedural lapses
- Investigation Error
- Impunity in the criminal justice system
- Police misconduct
- Police Responsibility
- Constitutional Rights
Meaning of police misconduct
Police misconduct means when the police administration is negligent in performing its duty when a crime is committed or does not do its work carefully, i.e. misuses its rights. The fundamental rights of the public are violated. Such as not writing or writing late, altering evidence, arrest, killing or beating the accused, etc.
In the new system of India, major provisions related to misconduct were made such as constitutional provisions, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita 2023 etc.
Police misconduct not only threatens the rule of law but also the fundamental rights of citizens.
If a victim of police misconduct is a victim of such misconduct, the punishment will be given under Section 29 of the Indian Police Act, 1861.
PROCEDURAL LAPSES IN CRIMINAL CASES
Procedural lapses in criminal cases are irregularities committed by the police which arise due to non-compliance of legal provisions during the investigation. Procedural irregularities such as irregularities in the police in their work, misspelling of sections in four sheets, not conducting proper investigation or not registering or late registration etc. or not presenting the accused before the Magistrate in the prescribed manner. The procedural proceedings have a direct impact on the HBO presented before the Court and the one who is entitled to get justice does not get justice.
The result is that the criminal who would have been guilty in reality would not only undermine the justice system, but would also have been a violation of human rights, which is a violation of Article 22 of the Constitution.
MAJOR PROCEDURAL LAPSES
- Not informing the accused of the arrest at the time of arrest
- Delay in charge sheet or writing wrong section
- Non-compliance with legal rules
- Delay in investigation
- Document manipulation.
EFFECT OF THA PROCEDURAL LAPSES
Procedural lapses affect the justice system in the following ways:
- Delay in getting justice
- Violation of the judicial rights of the innocent
- Acquittal of the culprits
- Violation of the right to a fair hearing
- Feeling of distrust in policies
CASE-STATE VS SONAM RAGUVANSHI 2024
In this case, the procedural facts of the police were considered as the basis, in view of the filing of the charge and the nature of the investigation, the accused was granted bail because there was a type error in the charge sheet and then there was a technical deficiency in the arrest proces.
INVESTIGATION ERROR IN CRIMINAL CASES
In the investigation of criminal cases, Gakri refers to the misconduct by the police at the time of investigation which arises due to non-observance of the procedure laid down by law during the investigation of the crime.
The police do not investigate the case properly such as not collecting evidence properly or recording the statement of the witnesses properly, errors or coercion in the statements of witnesses under Section 180 BNSS, fabricating false evidence or biased investigation case, getting a third in the charge sheet, obtaining an unconfessed confession, etc.
Impact of Error in Investigation on Case
A mistake in the investigation by the police can lead to misdirection in the case h, it weakens the prosecution case h. It violates human rights.
The accused gets the benefit of the doubt.
Principle of Indian Criminal Law H-
“Benefit of Doubt Goes to the Acoustic.”
If there is a serious deficiency in the investigation, the accused may be acquitted.
- The court may order a re-investigation.
The High Court or the Supreme Court may order a re-investigation for the purpose of a participatory inquiry.
ZAHIRA HABIBULLAH SHEIK VS STATE OF GUJRAT
The Supreme Court said that the right side of the Constitution is a part of Article 21 of the Constitution.
POLICE REFORM AND ACCOUNTABILY
Police misconduct, procedural and investigative malpractices seriously affect the justice system. In order to ensure accountability ofthe police, the administration of justice has to bring transparency among the new system of police and re-investigation by the police, punish them severely for misconduct and mistakes committed by the police and their It is important to inspect it from time to time.
For police reform, the implementation of constitutional security, judicial control, legal management and institutional reforms is essential.
Measures to ensure police accountability
A)Administrative measures
The High Court has the power to issue a writ against the officer of . He will have to compensate for the loss of the case due to the police ac
B)judicial measures
The question should be investigated by the police question and it should be noted that the distance between the public and the police should be reduced whether the police administration is doing its duty properly or not and legal action should be taken against the police as soon as possible in the presence of misconduct.
c)Institutional Measures
In order to improve police questioning, a digital system will have to be implemented, the complete record of the investigation can be presented before the court. And forensic investigation should be increased.
CASE-; PRAKASH SING VS UNION OF INDIA (landmark case)
In this case, the Supreme Court had passed directions for the accountability of the police.
Supreme court ke pramukh nirdesh (2006)
- Setting up of the State Security Commission
- The appointment of DGP should be based on merit
- Minimum tenure of 2 years for police officers
- Segregation of Law and Order and Investigation Branch
- Formation of Police Establishment Board
- Establishment of Police Complaints Authority
- Setting up of National Security Commission at the central level.
LEGAL DICUSSION AND SUGGETION
Police reform is necessary to make criminal investigations fair and transparent. Police powers should be exercised within the limits of justice. And there is a need to reform the judicial system and police investigation to prevent suspicions such as police misconduct, procedural errors and investigation errors. Police reforms should be implemented effectively and the investigation process should be made more transparent, accountable and equitable. So that the rule of law and the justice system remain in place.
To overcome these problems, police officers should be given regular training in human rights, constitutional rights and scientific investigation techniques. Scientific and technical investigation should be increased. Instead of relying only on confessions in investigation, more use of DNA, fingerprint, CCTV, digital data and forensic evidence, accountability of the police in the investigation should be ensured. The police should improve the process of arresting the bomb arrest, judicial oversight should be strengthened.
CONCLUSION
Police misconduct, procedural and investigative dysfunction seriously affect the justice system. Fair and transparent investigations are the cornerstone of democratic governance. Effective implementation of constitutional security, judicial control, legal management and institutional reforms is necessary to ensure accountability of the police. Only then will the fundamental rights of the citizens be protected and the public will have faith in the judicial system.
The police have wide powers, but these powers should be exercised within the limits prescribed by the Constitution and the law. Police misconduct, procedural and flawed investigations not only affect the judicial process but also violate the fundamental rights of the citizens.
The Supreme Court, through various judgments, has made clear the importance of impartial investigation, human rights protection and police accountability. It is now necessary to effectively implement police reforms, make the investigative process more transparent and equitable, so that public confidence in the rule of law and the justice system is maintained.
REFERENSE(S):
CASES-;
- Prakash singh vs union of india (2006)
- Sonam raghuvanshi vs state of meghalya (2025)
- k.basu vs state of west Bengal(1996)
- Zahira habibullah sheikh vs state of gujrat (2006)
LEGISLATION
- Amendment1950
- Bharatiya Nagarik Suraksha Sanhita 2023
- Indian Evidence Act 2023 Relating to Police Evidence
- Bharatiya Nyaya Samhita 2023
- Human Rights Act 1993.
BOOKS AND ARTICLES
- Kelkar, R.V., Criminal Procedure, Eastern Book Company, Lucknow, 6th edn., 2014.
- Mitra, B.B., Code of Criminal Procedure, Kamal Law House, Kolkata, 20th edn., 2006.
- Singh, Upendra, “Police Accountability and Human Rights in India,” Journal of the Indian Law Institute, Vol. 48, No. 3, 2006, pp. 312–330.
- Verma, A.K., “Investigative Errors and Miscarriage of Justice: An Empirical Study,” Criminal Law Journal, Vol. 112, 2010, pp. 44–59.
- National Human Rights Commission of India, Annual Report 2022–23, NHRC, New Delhi, 2023.
ONLINE SOURCES
- Supreme Court of India, Judgments, available at: https://main.sci.gov.in (last visited May 2025).
- India Code, Ministry of Law and Justice, available at: https://www.indiacode.nic.in (last visited May 2025).
- National Human Rights Commission of India, available at: https://nhrc.nic.in (last visited May 2025).
