the police officer prosecutes the offender who violates the laws.true or false
Answers
Explanation:
Traffic violations that can disqualify a potential police officer include a license suspension,
a DUI or other type of reckless driving conviction, or a record of multiple moving violations
Answer:
Article 21 of Indian Constitution provides few sparkles of hope to the lives of arrested, undertrials and convicts. The treatment of such people has to be humane and in the manner prescribed by law. In Maneka Gandhi v. Union of India {AIR 1978 SC 597} the Supreme Court held that State and for that matter the police as its principal law enforcing agency have the undoubted duty to bring offenders to book. Even so, the law and procedure adopted by the State for achieving this laudable social objective have to conform to civilized standards. The procedure adopted by the State must, therefore, be just, fair and reasonable.
I have been asked this question many times, “Why do criminals need rights when they have criminally violated rights of others?” Well, criminal jurisprudence is based on studies on criminals’ behaviour, impact of crimes on victims, criminals and society etc.
The primary purposes of criminal law are Deterrence, Retribution and Protection. Reformation & Rehabilitation are the silent purposes to improve the hues of society. “Once Criminal, Always Criminal” can’t sustain the test of reasonableness, wisdom and conscience. All crimes are not same and so aren’t criminals. Gravity, nature and involvement define which yardstick of jurisprudential law is to be applied. However, application of yardstick is based on discretion to be exercised within the limit of State law.
In my everyday endeavour to make our society a better place to live, I am launching Series – ‘Know Your Rights’, in which I would provide elemental information pertaining to varied subjects and intriguing aspects of law. Today I am writing about Rights of an Arrested Person.
The powers for making an arrest by police are subject to restraints and judicial supervision and scrutiny to protect the fundamental right to life under Article 21 of the Constitution of India of all persons. Imposition of such restraint is clearly the recognition of rights of the arrested person. Chapter-V of the Criminal Procedure Act (CrPC) contains provisions relating to arrest of persons, restrains and judicial supervision & scrutiny.