Fair Investigation – CrPC and Fundamental Rights
UG Semester – I, B.A. LL.B National Law
University, Jodhpur
This blog post will analysis the relation between some
of the provisions of CrPC and Part III of the Constitution and how both bring
into effect a fair system of investigation (at least theoretically).
1.
Section 154 and Articles 21 and 22(1)
Section 154 provides
that information about
commission of a cognizable offence if given orally to a police officer shall be
reduced to writing, be read over to and signed by the informant and the
substance is to be entered in a book. Article 21 provides protection to every
person’s life and personal liberty and it can only be curtailed by procedure
established by law and Article 22(1) provides the right to be informed of the
grounds of arrest before being arrested. Section 154 furthers both these
articles by providing the accused an opportunity to be informed of the
allegations against him.
2. Section 156 and Article 21
Section 156 provides police officers the same
scope of jurisdiction to investigate cognizable offences as a court having
jurisdiction over the local area. As stated earlier, a person’s personal
liberty can’t be curtailed except according to procedure established by law
which makes investigating officers the guardians of the liberty of the people
as its their duty to uphold the same while conducting investigation. They have
to ensure that an innocent person shouldn’t suffer due to false implications
meanwhile an accused mustn’t be given undue leverage as upheld in the case of
Pratim Kumar Singha Ray vs Union of India.
3. Section 167 and Articles 20(3) and
21
Section 167 provides that if it appears to the
police officer that the investigation can’t be completed in 24 hours and the
accusation is well-founded, he can refer the case to the magistrate who can
allow for further detention of 90 days for offences punishable with death, life
sentence or imprisonment of 10 years and 60 days for other offences. After
completion of such detention, when the accused is produced before the magistrate,
he has to inform him about his right to bail and right to legal assistance by a
lawyer provided at State cost. The right to legal aid is a fundamental right
under Article 21 as held in the cases of Hussainara Khatoon vs State of Bihar
and Fr. Jose Poothrikkayil vs Union of India. The accused is also entitled to
protection against being tortured along with right to speedy trial under
Article 21 upheld in the case of Subrtapatra vs Director of Panchayat and right
to not answer self-incriminating questions under Article 20(3) though the case
of Munna Singh Tomar vs State of MP has held that he’s bound to answer all
other questions which are conducive to effective and speedier investigation of
the crime.
Conclusion
Fair investigation is a fundamental right of every individual under Article 21. Criminal justice system stands on the pillar of a fair and impartial investigation by the investigating agency. Breach of this basic duty results in violation of the rule of law and denial of justice and equality before law which is a fundamental right under Article 14. The worst form of the same comes out when “men in uniform” turn out to be perpetrators of crime and the State fails to ensure an impartial investigation. Its the duty of the State to bring about a fair and impartial justice system, the police to enforce the same and the Judiciary to keep a check on its proper functioning.
~By – Rishit(Legal assistant at Legal Basta Law Firm)
contact us for 24 hours free legal assistance at 8800548696
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