Introduction: The civilized society from the time immemorial devised various methods of punishment to control and record the increasing crime rate and one among them is Criminal Justice System, which comprises of Police, prosecution, presiding officer and others. It is a matter of fact that whenever a crime is committed, the judicial process can’t come into action unless someone reports the incident. It is true that police is the first agency in the Criminal Justice System and is expected to extend protection to every individual and take the cognizance of a crime, whenever committed in their jurisdiction. Moreover, police is not an angle to know about each and every incident which takes place in their jurisdiction. People have an onerous …show more content…
In fact, it is the first requirement of law to be completed for initiating criminal proceedings against any criminal offender. The police is duty bound to register the complaint of an aggrieved person. Even on the telephone an FIR can be recorded. The accused as well as the informant are entitled to a copy of the FIR. In many cases, we hear that police refuses to file a FIR unless pressurized by media or some social, official or political authority. The person is already suffering and on the other hand, police harasses him by not accepting the FIR. The police officer is duty bound to lodge FIR in every cognizable case. If a police officer gets a complaint from an aggrieved person about the cognizable offense, he must lodge a FIR. When a police officer refuses to do so, one must approach the SP of the concerned area regarding …show more content…
It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR. It is a duty of police to register FIR without any delay or excuses. Non-registration of FIR is an offence and can be a ground for disciplinary action against the concerned police officer. A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so. A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s
As stated earlier, the first point of identification is the police or any professional who may so be called to identify any vulnerabilities. After identification is done, information is sent to the next level for it to be captured and acted upon. After a decision is taken by the higher agencies like the crown prosecution service and witness protection and the court, the necessary measures are then applied with strong collaboration between or among the relevant agencies. Identification is thus a process and as was shown in R-v-Green Youth Court herein, even the most straight forwards decision like may be an issue and measures and assistance are not merely granted on the basis of
This is not how police or investigators should conduct themselves, and treat victims. They should have respect for the victims and even if there is wrong doing, take responsibility of
Is the women allowed to approach police and courts because of this Act? No, this Act gives you choice between dealing with offender within an office or approaching the court. If they wish, they can
Introduction There are several problems that contribute in the rise of petty crimes committed in the area. The proposals described below aim to improve the situation. Main problems The biggest problem in the area is the ever increasing insecurity rate and the number of muggings committed.
In situations where the victim does not want to participate, prosecutors may simply use factual evidence and witness testimony in order to get a conviction (Corsilles, 1994). However, in other cases where there is not enough evidence, victims may have to be subpoenaed in order to provide the courts with enough information for the prosecution to continue with the charges. The final treatment of cases under this policy regards the option of dropping a case. Although not common, there are some cases in which the victim and the aggressor choose to come to terms and the victim wants the charges to be dropped. In these cases, there is a
The police then determine if the suspect is guilty and continuously interrogate, accuse, and even threaten the suspect for hours until they confess, whether they are guilty or not. On many occasions the people who are coerced into false confessions are have severe mental impairments that prevent them from functioning as a normal person with out the impairments would.
INTRODUCTION As greatly as societies may differ, one cannot deny that they all connect in possessing one factor that is paramount to their stability: The Law. Evidently, one cannot talk about the law without summoning to mind the parties that enforce it. The police, as one may know it nowadays, protect and serve the community from harm and injustice. What happens, however, when said injustice becomes grounds for some policemen’s actions?
Individuals may not report crime for many reasons. One reason may be that he/ she may be afraid that if the crime is reported, then the perpetrator may invoke revenge on them. There is a modern cultural ideal of “no snitching” throughout urban areas within the country. Additionally, one may not report a crime if that individual is afraid that he may be subjected to the law in a negative fashion.
Although, this tactic does not always work, it can cause some problems. Officers are supposed to use the tactic when there is a suspected criminal, but if it turns out there is no criminal it can cause many problems. Officers do not need to persuade the innocent because then the cops are just creating crime witch is the opposite of what they are supposed to do. The main point of this article is that it wants to make the structure and the frame work of the entrapment system clearer and more precise. The article identifies ways to make entrapment more stable and clearer.
People have unknowns; they are outside of the legal procedure, therefore when they arrive at the police station to fill out a complaint, they would like to capture the attention of police officers. On their beliefs, they are providing an accurate information based on the true. Furthermore, they think to be confident and prefer do not be questioned. Although police officers need to hear the other version of the testimony. The different between Unfounding and Defounding, provide the following descriptions:
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.
Here it is critical to note that under numerous classes of offenses discipline recommended is more than the above endorsed limit, in any case while passing sentence in such cases judge can't surpass as far as possible however he has a choice under S. 325 Cr. P.C. to forward denounced to the Chief Judicial Magistrate. A sentence of detainment in default, according to S.30 Cr. P.C., ought not be in abundance of force u/s 29 Cr. P.C.
He was very cooperative with me and also confessed to committing the indictable offence. After discussing with Mr. Reegy about the situation, I proceeded to tell him that he was under arrest for being in possession of a forged passport. As I read Mr. Reegy the caution, I took
The crimes had become more sofesticated, more organized,more deceitful, and even more difficult to get hold of. The system of policeing that is followed in india is still very old and the changing world demands for a much effective system, that will be more focused on speedy investigation and justice to the victims. The world around us is changing and the morden police is required to bring in an equilibrium in the socity, but in doing so the police face a lot of difficulties be it reguarding the laws in force of the probpems of purgery various problems because of policical pressure or the obsoleteness of the police Act. This article aims to point out the various problems faced by
Police count more than ten million serious crimes each year and are categorized as homicides, rape, aggravated assault, etc. (Macionis, p. 216). Criminal behavior exists for various reasons such as drugs, peer pressure, no job, personal upbringing and/or environment. Other reasons for committing a crime include greed, anger, jealously, revenge, or pride ("Causes of Crime"). Crime such as domestic violence often go unreported to the police because a lot of assaults are spousal abuse and the victim does not want to turn in the other for different reasons such as they are blinded by love or too scared of what will happen (Macionis, p. 216).