UNIVERSITY INSTITUTE OF LEGAL

STUDIES
DEPARTMENT OF LAW
Subject Name and Code: POLICE & CRIMINAL
ADMINISTRATION SYSTEM
(21LCT-433)
VIJETA KUMARI, ASST. PROF.

DISCOVER . LEARN . EMPOWER

 POLICE & CRIMINAL
ADMINISTRATION SYSTEM

Course Outcome
CO The students are able to recognize the evolutionary aspect of Police
1 system in India.

CO2 The students are able to classify different procedures and reforms of
Police in Criminal administration.

CO3 The students are able to compare and contrast different policies of
police administration and its effectiveness.

Will be covered in this

lecture
2
Investigation of crimes and relations with Courts

Introduction
• Since the beginning of society, we humans have lived by some rules. These rules were usually
set by the eldest person of the group or civilization. Since the beginning, there have been
people who have broken these rules. There have been defaulters since the beginning of human
civilization. Punishments were given to them on time also. Initially, whether a person is guilty
or not was decided by the head of the tribe. Then as we evolved, so did the criminal justice
system. When the period of kings came, the punishment of a crime was decided by the king
and his ministers.
• Laws were devised by a discussion between them as well. Ministers were the ones who used to
advise the king regarding the laws. Laws regarding land revenue, travel, and other aspects
were decided by the king. Some of the kings used their religious books as a source of law such
as the Mughals who used the Holy Quran and the Hadiths as a source of law.
Investigation of crimes and relations with Courts

Concept Of Investigation-
• In order to study about the scientific criminal investigation, we need to understand the term ‘investigation’,

“Investigation means to examine, study, or inquire into systematically, search or examine into the particulars of;
examine in detail, or, to search out and examine the particulars of in an attempt to learn the facts about
something hidden, unique, or complex, esp. in an attempt to find a motive, cause, it is about finding things.”

According to the Code of the Criminal Procedure under section 2 (h) of the Code,“ investigation includes all the
proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other
than a magistrate) who is authorized by a Magistrate in this behalf. Investigation, under the Code includes:-
1. Proceeding to the spot of crime.
2. Ascertaining the facts and circumstances of the case.
3. Discovery and arrest of the suspected offenders.
4. Collection of evidence,
* examination of various persons including the accused and recording their statements in writing.
Investigation of crimes and relations with Courts

Police Investigation and trial

• Once any crime is committed, one has to provide
information to Police. All the work done by police can
be usually divided under 3 heads. These are:
• Detection and investigation of crime;
• Prevention of crime;
• Implementation of regulations.
Investigation of crimes and relations with Courts

FIR
• Information given to police, when filed by them is called First Information Report (FIR). The First
Information Report is what a police officer on duty records which has been provided by the aggrieved
person or any other person to the commission of an alleged offense. This is when the first stage of the
police investigation is reached. Rules for registration of FIR are different for different types of cases. IPC
divides all the offenses into two categories. These are:
• Non-Cognizable Offenses: an offense/case in which a police officer has no authority to arrest without a
warrant.
• Cognizable Offenses: an offense/case in which a police officer can arrest without a warrant.
• The Supreme Court of India in the case of Lalita Kumari v. State Of Uttar Pradesh, 2014 that registration of
FIR is compulsory in cognizable offenses. In Priyanka Srivastava v. State of Uttar Pradesh, 2016, the
Supreme Court ruled that every person has a right to go to court if the FIR of a cognizable offense is not
filed to direct the police to record FIR (Priyanka Srivastava v. State of Uttar Pradesh, 2016).
Investigation of crimes and relations with Courts

Investigation Process
• The criminal investigation process can be started after:
• As per Section 156(1) of the Code of the Criminal Procedure, any police officer, even
without the orders of a magistrate, can start the investigation of a cognizable case on
complaint/reporting/knowledge of the commission of a cognizable offense.
• If the police officer doesn’t act in pursuit of the complaint made for a cognizable offense, a
criminal complaint can be filed in front of a magistrate under Section 190 of CrPC, for
taking cognizance of offense and inquire or order the police to register the FIR.
• In the case of a non-cognizable offense, Police are not obliged to investigate, and the
judicial process can be started by filing a criminal complaint before the competent court,
under Section 190 of the CrPC.
Investigation of crimes and relations with Courts

As soon as an FIR is registered, an Investigating Officer is appointed. It’s his duty to investigate the whole case
and arrest the accused. Once an accused is arrested, within 24 hours he or she has to be presented in front of
a magistrate. There can be only one FIR for one case (T.T. Anthony v. State of Kerala, 2001). The court then
decides about the custody of the arrested person. There are specific guidelines laid by the Supreme Court of
India in a case where punishment is of less than 7 years (Arnesh Kumar v. State of Bihar, 2014). Police custody
can be a maximum of 15 days. These 15 days are counted from the day of arrest. Once this time period is
fulfilled, the police present the accused in front of the court again.

Then it is the decision of the magistrate to send the person to police custody again or send the accused to
judicial custody. It is a settled case that the police custody can’t be more than 15 days (
C.B.I. v. Anupam J. Kulkarni, 1992). When the accused is in police custody, he is locked in a police station but
when one is under judicial custody, he is locked in a jail. When in police custody, the accused can be
interrogated anytime by the police but when they are under judicial custody, permission from a magistrate is
required.
Investigation of crimes and relations with Courts

Criminal Trial
• After this is the criminal trial. It is the time where the cognizance of the offense
takes place. It is stated under Section 190 of the Code of Criminal Procedure,
1973. This section lays down different conditions which are requisite for initiation
of proceedings. These conditions are stated as:
• Any first-class or second class of magistrate has been given by the section to take
cognizance of any offense when:
• He or she receives a complaint of facts which constituted any offense.
• He or she receives a police report (charge sheet or 173 reports) of such facts.
• He or she receives information about any incident from any person other than an
officer in police, or upon his knowledge regarding the happening of such offense.
Investigation of crimes and relations with Courts

Bail
• The term ‘bail’ is originated from an old French verb ‘bailer’ which means ‘to give’ or ‘to deliver’. It is
defined as an amount of money that a person who has been accused of a crime pays to a law court
so that they can be released until their trial. The payment is a way of making certain that the person
will return to court for trial, by Cambridge University. There are three types of Bail in India. These
are:
• Regular bail- is a bail that is given to an arrested person or who is in police custody. It can be filed
under Section 437, and 439 of the Code of Criminal Procedure.
• Interim bail- It is a bail that is granted for a short period of time and is given before the hearing for
the grant of any other bail.
• Anticipatory bail- Is a bail that is given under Section 438 of the Code of Criminal Procedure either by
the session court or high court. Application of anticipatory bail is filed by any person who has
discerned that he might be arrested by the police for a non-bailable offense.
Investigation of crimes and relations with Courts

Principles of Criminal Law

• There are four principles that are always followed in a criminal case. These are:
• Presumption of innocence: It is one of the most famous lines we have heard in common life that any accused
person is innocent till found guilty. Though it is not written anywhere expressly in our law but is still followed.
The House of Lords in the case Woolmington v. Dpp said that presumption of innocence is the golden thread of
the criminal law.
• The burden of proof is always on the state but with some exceptions; this a famous maxim of common law,
stated as “Ei incumbit probatio qui dicit, non qui negat “. There are two sections in the Indian Evidence Act,
which lays emphasis on the point that any person who has approached the court to give its judgment on any
right or liability must prove the facts which he has asserted. These sections are Sections 101 and
102 of the Indian Evidence Act. This was also said in the recent case of Rangammal v. Kuppuswami and Ors
(2011).
• Right to remain silent; Article 20 of the Indian Constitution protects every citizen of India against self-
incrimination. The Supreme Court, in Selvi v. State of Karnataka (2010) has held, “In the Indian context, Article
20(3) should be construed with due regard for the inter-relationship between rights, since this approach was
recognized in Maneka Gandhi’s case.” The protection under this article also covers investigation stages.
Investigation of crimes and relations with Courts

Conclusion
• The criminal trial procedure in India is very long and tedious which takes a lot of time.
It begins with registration of the FIR and ends with the declaration of judgment by a
court. This is a very slow process. There are many reasons due to which this happens.
The first one being that the labs and police are not well equipped. We don’t have
enough police officers to investigate all the cases. Our laboratories are not developed
and the most advanced one has to deal with a large number of cases due to which
things get slow. Police are not trained enough to deal with the pieces of evidence. One
of the biggest examples is the Aarushi Talwar case, in which due to mixing up of
evidence on behalf of Uttar Pradesh Police it became quite difficult to solve the case.
In the same case, there occurred typographical errors which caused a lot of confusion.
 REFERENCES

Textbooks
1. Jay Tilak Guharoy, Role of Police in Changing Society ( APH Publications, 1999).
2. Anand Swarup Gupta, Crime and Police in India (Sahitya Bhavan, Agra, 2007).
3. P.D. Sharma, Police and Criminal Justice Administration in India (Uppal
Publishing House, Delhi, 1985).

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THANK YOU