PLAGIARISM SCAN REPORT

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In democratic societies, the police are accountable for many things. Most prominently, police are in charge of the
effectiveness with which they deal with crime and disorder, also for the legality, professionalism, and respect with which they
treat people. The right to a fair trial and justice is a norm of international human rights law designed to guard individuals from
the unlawful and arbitrary curtailment or deprivation of other basic rights and freedoms, the most prominent of which are
the right to life and liberty of the person. It is guaranteed under Article 14 of the International Covenant on Civil and Political
Rights (ICCPR) , which provides that “everyone shall be entitled to a fair and public hearing & justice by a competent,
independent and impartial tribunal established by law.” It is within the light of this factor police were invested with tons of
power. This unbridled power of the police had put a shadow over the common citizen to urge a just and fair trial which was
also envisaged in our constitution. When this right is violated, people innocent of any crime face conviction, imprisonment
and even capital punishment. The justice system itself loses credibility. It is within the light of all these arguments that I will be
able to emphasize on the difficulty that it’s fundamental to democratic societies that police power, including the powers to
arrest, to question, and to use lethal or non-lethal force, be closely regulated, often through the mechanism of an
independent judiciary, and ultimately be subject to civilian control through democratic institutions or organizations.
Remedies for the abuse of police power are scattered throughout the system and are applied in both criminal and civil law
contexts. An independent judiciary is meant to be the guarantor and enforcer of fundamental rights. The judiciary is timid,
and political imperatives or other demands of the state may on occasion override judges and the law system. Remedies for
misuse of police power are often weak or inconsistently enforced. Thus through this project i will be able to discuss the facility
given to police to investigate a case vis a vis scope of just and fair trial to the commoner .Through this project I will be able to
also discuss different suggestion which in my opinion is important to supply just and fair trial to the common masses. At an
equivalent time I will be able to also highlight the doctrine of fair trial within the light of Indian scenario and therefore the
power distributed to different agencies to investigate a case. POWER OF POLICE TO INVESTIGATE:- The expression
"investigation" has been defined in Section 2(h) of the Code as under : "(h) "investigation" includes all the proceedings under
this Code for the collection of evidence conducted by a Policeman or by a person (other than a Magistrate) who is authorised
by a Magistrate during this behalf;" The term “investigation” has been defined in the case of H. N. Rishbad v. State of Delhi ,
where the meaning and the scheme of the Code with regard to investigation have been laid down. In that case court also sees
into the scope or of police power to investigate a case. Under the Code "Investigation" consists generally of the following
steps:- (1) Proceeding to the spot, (2) Establish of the facts and circumstances of the case (3) Discovery and arrest of the
suspected offender, (4) Collection of evidence concerning to the commission of the offence which can consist of (a) the
examination of varied persons (including the accused) and therefore the reduction of their statements into writing, if the
officer thinks fit (b) the search of places or seizure of things needed necessary for the investigation and to be produced at the
trial, and (5) Formation of the opinion as to whether on the fabric collected there’s a case to put the accused before a
Magistrate for trial and if so taking the necessary steps for an equivalent by the filing of a charge sheet under Section 173 . The
scheme of the Code also shows that while it’s permissible for an officer in charge of a police station to depute some
subordinate officer to conduct a number of these steps within the investigation, the responsibility for each one among these
steps is that of the person within the situation of the officer in charge of the police station, it having been clearly provided in S.
168 that when a subordinate officer makes an investigation he should report the result of the investigation to the officer in
charge of the police station. It is also clear that the ultimate step within the investigation, viz., the formation of the opinion on
to whether or not there’s a case to put the accused on trial is to be that of the officer in charge of the police station. There is
no provision permitting delegation thereof but only a provision entitling superior officers to supervise and participate under
no provision permitting delegation thereof but only a provision entitling superior officers to supervise and participate under
S. 551. The principal agency for completing investigation of offences is police. Police can proceed to investigate- (1) On the
information received from the other person because the commission of any cognizable offence. (2) Even without such
information, but police have the rationale to suspect the commission of any non cognizable offence (3) On receiving any order
from any judicial magistrate to empowered taking cognizance of any offence under sec. 190

Sources Similarity

From(Anshuman NayakID(962)_CrPC 1.doc | Presumption Of Innocence

the expression "investigation" has been defined in section 2(h) of the code as under : "(h) "investigation"
includes all the proceedings under this code for the collection of evidence conducted by a police officer or by 6%
any person (other than a magistrate) who is authorised by a magistrate in this...
https://www.scribd.com/document/328706527/From-Anshuman-NayakID-962-CrPC-1-doc