All Categories


Pages

Proper Investigation Is Fare Judgment

Proper Investigation Is Fare Judgment

  1. Introduction

“Mankind has shifted from the state of nature towards a civilized society.. award of punishment following conviction at a trial in a system wedded to rule of law is the outcome of cool deliberation in the court room after adequate hearing is afforded to the parties, accusations are brought against the accused, the  prosecutor is given an opportunity of supporting the charge and the accused is equally given an opportunity of meeting the accusations by establishing his innocence. It is the outcome of cool deliberations and the screening of the material by the informed mind of the judge that leads to determination of the ills”. #


    This observation made by Hon’ble Supreme Court is of outmost importance while appreciating the role of proper and effective investigation in delivering justice. As observed by the court in, it should not be forgotten that the duty of the investigating officers is not merely to bolster up a prosecution case with such evidence as may enable the court to record a conviction but to bring out the real unvarnished truth.#


     Thus it is evident that 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 results if the collection of evidence is not properly or if there is any error or malpractice, 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 this search it is the duty of the police to investigate properly and thoroughly and collect all evidence, whether or for against the suspect. Protection of the society being the first responsibility of the police and the laws, procedures and police practices must be such as to ensure that the guilty person will be convicted for his crime and innocent will never be harassed. The concept of reasonable and fair trial would be one in which the accused as well as the victim or the aggrieved person gets justice.#

     

This paper focuses on the proper investigation procedure which has to be followed in our Criminal System for ensuring effective and speedy justice to the victims. The structure of this paper is as follows. The first part deals with the Introduction part in which the sight or position of criminal justice system is being given. Part II defines “Investigation” which is being followed to collect evidence of the crime and gives a brief aspect about the Investigation. Part III deals with the importance of Investigation in our society and why a proper investigation procedure plays a important role in fare judgment. In Part IV different types of investigation are being defined separately and in detail. Part V examines the judicial trend on the area on defective investigation and looks at how the courts have been treating cases where the investigation has been faulty due to one or the other reasons. Part VI deals with all the factors which are leading to a faulty investigation or played a major part in the improper investigation procedure. Part VII this part deals with the various causes of defective investigation. This VIII part tells about that how an improper investigation is the main reason for an unfair judgment and acquittal of the criminal. Part IX is the conclusion part.

contd...




About the Author

IFS INDIA

 

Name -: Divyanshu Sehgal, Ritabrata Roy
Institution -: KIIT Law School, KIIT University, Bhubaneswar
Title -: Proper Investigation Is Fare Judgment
Contact No -: 09040576803,
Email Id -: divyanshu.sehgal@gamil.com,
Address -: 3A-51, KSRM Boys Hostel, Campus -7, Krishna Campus, Bhubaneswar, Odisha

 


Comments


No comments yet! Be the first:

Your Response


Join to Our Free eNewsletter...

Email:
Name:


Most Viewed - All Categories