Explain the guidelines issued by the Supreme court on the role of the police in investigating a crime.
Answers
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Explanation:
One important function of the police is to investigate any complaint about the commission of a crime. An investigation includes recording statements of witnesses and collecting different kinds of evidence. On the basis of the investigation, the police are required to form an opinion. If the police think that the evidence points to the guilt of the accused person, then they file a charge-sheet in the court. It is not the job of the police to decide whether a person is guilty or innocent, that is for the judge to decide.
Everyone is subject to the law of the land. This includes the police. Therefore, police investigations always have to be conducted in accordance with law and with full respect for human rights. The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation. The police are not allowed to torture or beat or shoot anyone during investigation. They cannot inflict any form of punishment on a person even for petty offences.
Article 22 of the Constitution and criminal law guarantee to every arrested person the following Fundamental Rights:
The Right to be informed at the time of arrest of the offence for which the person is being arrested.
The Right to be presented before a magistrate within 24 hours of arrest.
The Right not to be ill treated or tortured during arrest or in custody.
Confessions made in police custody cannot be used as evidence against the accused.
A boy under 15 years of age and women cannot be called to the police station only for questioning.