Role of the Police and Courts Chapter Notes | Civics Class 8 ICSE PDF Download

The Police in Action

• On 10th July 2014, a low-intensity blast occurred near Dagadusheth Halvai Ganesh temple in Pune.
• The bomb was placed in a bike parked at Faraskhana police station’s parking lot.
• Police actions included cordoning off the area, picking up five suspects, and involving the Bomb Detection and Disposal Squad.
• Forensic experts collected evidence, and the Mumbai Anti-Terrorism Squad assisted in the investigation.

Hierarchy in the Police Force

• The police force has a structured hierarchy with different ranks.
• The Commissioner of Police is the highest-ranking officer at the state level.
• Other ranks include Director General of Police (DGP), Superintendent of Police (SP), Police Inspector, Sub-Inspector, Head Constable, and Constable.
• All ranks work together as a team to maintain law and order.
• Kiran Bedi was the first woman to join the Indian Police Service (IPS) in 1972.

Functions of the Police

• Maintain law and order across the country.
• Prevent crimes and control terrorist activities.
• Protect public properties like roads, railways, and bridges from violence or attacks.
• Create a sense of safety and security in the community.
• Safeguard the fundamental rights and dignity of individuals.
• Enforce laws fairly and impartially.
• Protect weaker sections of society.
• Investigate complaints about crimes by recording witness statements and collecting evidence.
• File a chargesheet in court if evidence proves the accused's guilt.
• A chargesheet is a formal document listing accusations, details of the accused, witnesses, and the complainant.
• Before independence, administration was decentralized; post-independence, police roles became more defined for a welfare state.
• Police are present everywhere, ensuring safety and security for citizens.

Arrests without a Warrant

• Police can arrest without a warrant for cognizable offences like murder, physical harm, or kidnapping.
• Arrests are allowed if a person obstructs a police officer’s duty, escapes, or attempts to escape from custody.
• Arrests can be made if a person is declared an offender by the state or central government.

Rights of the Arrested

• Article 22 of the Constitution grants rights to arrested persons.
• The arrested person must be informed of the reason for arrest and the offence.
• They must be presented before a magistrate within 24 hours of arrest.
• Detention beyond 24 hours requires magistrate permission.
• Police cannot torture, beat, or shoot the arrested person during investigation.
• Confessions made in police custody cannot be used as evidence in court.
• Boys under 15 and women cannot be called to the police station only for questioning.
• Every arrested person has the right to hire a lawyer for defense.
• Bail allows release from custody by depositing security to ensure court appearance.
• Anticipatory bail can be granted before a person is accused of a non-bailable offence.

FIR (First Information Report)

• An FIR is a written document prepared by police when informed about a cognizable offence.
• Cognizable offences are serious crimes like theft, murder, and rape, allowing arrests without a warrant.
• Non-cognizable offences are less serious, like public nuisance or mischief, where police cannot arrest or investigate without court orders.
• Anyone can report a cognizable offence orally, in writing, or via a telephonic message.
• A police officer can file an FIR for a cognizable offence they learn about.
• An FIR initiates criminal proceedings to punish the guilty.
• It should be registered promptly to avoid delays in investigation, with any delay needing justification.
• An FIR is ideally filed at the police station where the crime occurred, but in emergencies, any station can register it and transfer the case.
• In emergencies, FIRs can be filed via phone or email.
• An FIR includes the complainant’s name and address, date, time, place, and details of the offence, plus identities of perpetrators and witnesses if known.
• The complainant signs the FIR and gets a free copy.

Contents of an FIR

• An FIR contains the name and address of the complainant.
• There is a prescribed form in which the police record an FIR and it is signed by the complainant.
• The complainant also has a legal right to get a free copy of the FIR from the police.
• An FIR also mentions the date, time and place of the offence, and details of the offence including a description of the events.
• If the identities of the perpetrators and witnesses are known, then they are also mentioned in the FIR.
• The accused is also referred to in the FIR.

Refusal to Register an FIR

• Police may refuse to register an FIR if the complaint involves a non-cognizable offence or lacks grounds for investigation.
• An FIR can be filed as a written or verbal statement, later written and signed by the complainant.
• If police refuse to register an FIR, a complaint can be sent to higher officers like the Superintendent of Police, Deputy Inspector General, or Inspector General of Police.
• A complaint can also be filed with a Judicial Magistrate, who can order the police to investigate.
• Online complaints can be filed with the National Human Rights Commission (NHRC) at http://nhrc.nic.in for cognizable offences.

SC Directives on Non-Registration of FIRs

• The Supreme Court mandates that police must register an FIR for a cognizable offence promptly.
• If police fail to register an FIR, the complainant can approach a magistrate with a petition under Section 156(3) of the CrPC.
• The magistrate can direct police to register the FIR immediately.
• Failure to register an FIR can lead to contempt proceedings or disciplinary action, including suspension of the officer.
• On November 10, 2013, the Supreme Court made FIR registration mandatory for cognizable offences.

Case Study: Non-registration of FIRs

• Sonali Paul, a 39-year-old from South Kolkata, was harassed by five men on a local train in August 2010.
• She faced serious molestation and nearly fell from a moving train.
• The police station near Canning refused to register her FIR.
• The South 24 Parganas Superintendent of Police ignored her two written complaints.
• In December 2010, Paul filed a petition under Section 156(3) of the CrPC with the Alipore court magistrate.
• The court ordered the police to register the FIR, leading to the arrest of one prime accused.

The Role of the Courts

• The criminal justice system includes the police, judiciary, prosecution, and prison departments.
• Police investigate crimes, collect evidence, and file chargesheets in court.
• Courts decide whether to prosecute the accused based on the police report.
• The state government appoints a public prosecutor to handle cases in subordinate courts or the High Court.

Public Prosecutor in the Court

• Presents truthful facts, witnesses, and evidence in court.
• Follows the trial judge’s directions.
• Maintains impartiality in the criminal justice process.
• Assists in investigations by obtaining warrants if needed.
• Helps the court decide fair sentencing by debating with the defense.

Eligibility

• A Public Prosecutor or Assistant Public Prosecutor must have practiced as an advocate for at least seven years.
• A Special Public Prosecutor requires ten years of advocate practice.
• Appointment requires the agreement of the Chief Justice of the High Court.

Judge in the Court

• The judge listens to witnesses and reviews evidence from both prosecution and defense.
• Based on the law and trial, the judge decides if the accused is guilty.
• If guilty, the judge may impose a jail term, fine, or both, depending on the case.

Understanding Our Criminal Justice System

• Courts decide the guilt of an accused person after arrest.
• Article 21 ensures a fair trial, stating no one can be deprived of life or liberty except by legal procedure.
• A fair trial applies to all, regardless of class, caste, gender, or beliefs.
• The accused has the right to defend themselves in court.
• Article 39A ensures the state provides a lawyer if the accused cannot afford one.
• Judges must remain impartial and base decisions on evidence.