Provisions for Criminal Interrogation and Ground Reality

                                UG Semester – I, B.A. LL.B National Law University, Jodhpur

Its not wrong to state, at least in relation to the vanguard laws like Criminal Procedure Code, 1973 or The Constitution of India, 1950 that the fallacies present in criminal interrogation aren’t brought about by the provisions in the law but the lack of their implementation by the officials concerned. This blog post will basically look into some provisions of CrPC to figure out ‘how things happen’ and ‘how things ought to happen’ when it comes to criminal interrogation.

1.      Preventive Detention

Section 151 (1) provides police officers the power to arrest a person in order to prevent the commission of a cognizable offence by him without the magistrate’s order. This is one of the most abused provisions by the police. It is often used to whimsically detain innocent civilians for petty issues or even fabricated ones. The governments also use it to further their political agendas by getting opposition leaders arrested for protesting against their policies terming even genuine, non-violent protests as ‘seditious activity.’ Police officers also often breach the rights of the detained person in their process of wrongful detention. Article 22(4) provides that no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless an Advisory Board consisting of incumbent or retired High Court Judges or persons who are qualified to be appointed as High Court Judges suggest that there’s sufficient cause for further detention which can still not be more than maximum period prescribed by that law but in reality many innocents languish in prisons for years without their case being referred to such Advisory Board. Under Article 22(5), its the duty of the police to communicate to the person being detained, the grounds for the order and avail him the opportunity of making a representation against the order. Multiple judgements also back these rights including the most landmark case of criminal jurisprudence - D.K. Basu vs State of West Bengal which laid down guidelines to be followed by the police during arrest, detention and interrogation of any person and were incorporated in CrPC by the CrPC (Amendment) Act, 2008.

2.      Presenting the accused before the Magistrate within 24 hours

Section 151 (2) provides that every person who is arrested and detained in custody shall be produced before the nearest magistrate within twenty-four hours of such arrest. The same is backed by Article 22(2) of the Indian Constitution and the D.K. Basu guidelines. But despite all this, this rule is quite often breached by police officers who on being questioned by the magistrate, give whimsical excuses while the real reason of the delay is the ignorance and uncompetitive nature of the officers. It amounts to a blatant violation of a legal and fundamental right of the accused.

3.      Offences against women and physically or mentally disabled persons

Section 154 contains special provisions to be followed in cases of offences against women and disabled persons. Although the provisions like recording information at residence or place convenient to victim in the presence of an interpreter or special educator, getting the statement of the person recorded by Judicial Magistrate and recording the recording of information are followed, their ultimate motive of getting justice for the victim is more often than not defeated due to corruption practiced by the police. Offenders often bride the investigating officers for letting them go free even though the IO knows for a fact that that person is the culprit. The IO in exchange, tampers the evidence and presents a different, fabricated story of the crime than what actually transpired through which they trap (in case of offences against women) any male individual from the woman’s life who can fit in well in their narrative. This violates the right of the victim of getting real justice and puts an innocent person at risk of getting punished for a crime that didn’t commit.

Conclusion

The police are supposed to act as role models for the society who should always uphold the law and protect the civilians. If they continue to act in such arbitrary and illegal manner then anarchy and injustice is sure to prevail. Such circumstances erode the trust of the public from the state and the justice system. Thus, its the duty of the state and the police officers themselves to ensure that the procedure of criminal interrogation is as just and equitable in reality as it is on paper otherwise even the best laws are nothing but scrap. At the same time, the legal fraternity has the responsibility to make people aware of their rights and the traps and hurdles they might have to encounter while claiming them in real life.

~By – Rishit(Legal Assistant at Legal Basta)

 Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

contact us for 24 hours free legal assistance at 8800548696