What is The Role of The Police in Investigating a Crime

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 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. 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 the investigation. They cannot inflict any form of punishment on a person even for petty offenses. Article 22 of the constitution and criminal law guarantee to every arrested person the following Fundamental Rights :

1. The Right to be informed at the time of arrest of the offense for which the person is being arrested.
2. The Right to be presented before a magistrate within 24 hours of arrest.
3. The Right not to be ill-treated or tortured during arrest or in custody.
4. Confessions made in police custody cannot be used as evidence against the accused.
5. A boy under 15 years of age and women cannot be called to the police station only for questioning.

First Information Report

It is with the registration of an FIR that the police can begin their investigations into a crime. The law states that it is compulsory for an officer in charge of a police station to register an FIR whenever a person gives information about a cognizable offense. This information can be given to the police either orally or in writing.

The FIR usually mentions the date, time, and place of the offense, and details the basic facts of the offense, including a description of the events. If known, the identity of the accused persons and witnesses is also mentioned. The FIR also states the name and address of the complaint. There is a prescribed form in which the police register an FIR and it is signed by the complaint. The complainant also has a legal right to get a free copy of the FIR from the police.

What is the Role of the Public Prosecutor?

In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police have conducted the investigation and filed the charge sheet in court. He/she has no role to play in the investigation.

The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is his/ her duty to act impartially and present the full and material facts, witnesses, and evidence before the court to enable the court to decide the case.

What is the Role of the Judge

The judge is like an umpire in a game who conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence.