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Swami Sadashiva Brahmendra Sar (Nil)     30 May 2010

Recent trend of police investigation

Dear friends,

In U.P. we the Advocates feel that majority of prosecution stories are steriotyped and do not disclose peculiar facts of a particular case.  In serious offences most of the prosecutions are based on : last seen evidence and recovery on the basis of extra judicial confession. In majority of the minor offences report is being submitted even without real investigation. 

Is it so in other States also ? and what should be done to ensure real investigation in every case ?



Learning

 6 Replies

aatma   30 May 2010

 

Dr. Tripathi,

This is not a recent trend of indian police.  This is a age old practice of indian police and has started  in 18th century in india and well developed throughout the nation.  This is the total INDIAN POLICE and JUDICIARY SYSTEM  of modern india.  This is the total image of corrupt police and judicial system of India observed earlier in 1883.  Now it has developed into multifacet corrupted system. This is the reason why now so many terrorist groups developed in this Gandhi land.

''During the discussions which took place on the Indian Code of Criminal Procedure in 1872 some observations were made on the reasons which occasionally lead native police officers to apply torture to prisoners. An experienced civil officer observed, " There is a great deal of laziness in it. It is far  " pleasanter to sit comfortably in the shade rubbing red pepper into a poor " devil's eyes than to go about in the sun hunting up evidence." This was a new view to me, but I have no doubt of its truth.  - By Sir James Fitzjames Stephen K.C.S.L, D.C.L., (1883)

Reference:

 

 

A history of the criminal law of England, Volume 1

 

Now do you think is this recent trend in U.P?

 


aatma   30 May 2010

One more example....

This is a one good prominent example to understand how police investigate criminal cases for ordinary citizens. 

 

Criminal Justice System Precept and Practice - Tr. A.X.Alexander, IPS., (Retd), Former DGP of Tamilnadu

 

Source: Criminal Investigation Department Review, 2007: Issue: 1V

 

DGP Narrates.....

I cite two instances of burglary that took place in my house. The first was in 1981. A bundle of clothes, few vessels, iron box, brass taps, etc. which were kept in the rear verandah were burgled. On the same day in three other houses including in the house of another senior police officer there were burglaries. In my desire to ensure against repetition of this disgrace, I preferred a complaint in the Police station about this burglary.

 

A case was registered promptly and a Head Constable visited the site and —— nothing further happened! After four years, one day I had to visit the Station officially. After finishing my official work I casually enquired from the station staff on the fate of the case. The Station Inspector informed me that the case has been referred as Un-Detected. I was curious to find out who signed the RCS notice, as I remembered not to have signed any RCS notice. I called for the RCS book. To my surprise I found  someone had signed and had sung a requiem for the case.

 

There was another burglary in 1997. This time the burglar entered the house and decamped with some cash, a bangle and a camera kept on the dressing table. He had left  sufficient fingerprints. I informed the Police hesitatingly as I had serious misgiving that this case also would suffer the same fate of the case of 1981. But promptly very senior officers came home and the Fingerprint expert deciphered the thief and within three hours the thief was apprehended and the property was recovered. He was brought to the house. I asked him why he committed this theft. He replied that his wife had delivered a baby just a day before and he was badly in need of money to look after her and the baby. He was sent to the prison and subsequently detained under Act 14 of 1982. He had 54 convictions.

 

The wife of the culprit, who had come to know of the arrest and detention later, came to us through the Sisters of Mercy Home and sought help for livelihood, which was given.

After the release, the thief and his wife came to see us and I asked him why he had committed thefts so many times. He replied that he was an assistant in masonry work and that he had committed petty felonies only and not definitely the cases shown in his conviction records and the police had taken him whenever they could not fix an accused.

 

I perused his conviction records and most of the offenses for which he was punished were motorcycle thefts. From his looks I could guess that he did not know even to start a motorcycle. I confronted him why he had committed thefts of motorcycles. He replied that he had not committed theft of any motorcycle but whenever motorcycles were recovered in series he was fixed as the thief. I sent for the Inspector who booked him, to know from him whether the allegation of the thief was true. The Inspector stood in silence for long and muttered that it was true and I told him that he has children and wished that he sinned no more...................

aatma   30 May 2010

 Anything changed in indian police investigation system since Sir James Fitzjames Stephen K.C.S.L, D.C.L., (1883)  observation in 1883 to 2007 Tamilnadu DGP Story?

This is india. 

Ashwani Sharma (Pro.)     11 June 2010

Is the party should suffer due to Negligency of the council. Plea3se give me a citation on this Topic Thanx.

ravi shankar sharma (advocate)     14 June 2010

aatmaji,

yes u have cited a very true picture of trend of police investigation.

police investigation usually brought to book  many innocent people for their unholy nexus with the real culprits for extraneous consideration.

thanks


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