Policing in the Accusatorial System - Challenges and Perspectives a Comparative Approach

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Description
Crime investigation is inevitable in any criminal justice system. The greatness of the system depends on proper and efficient crime investigation and law enforcement. Therefore, no country can give up the idea of constituting a police agency for law enforcement and crime control. Crime control includes maintenance of law and order and investigation. Police conducts the investigation on behalf of the society because it reflects the will of the society. Entrusted with such duties, they became official crime fighters and law enforcers. The purpose of the investigation process is achieved by efficient, impartial and timely investigation.
The Indian police are maintaining the inherited colonial character even now. Law breaking by the police is a usual phenomenon. News regarding abuse of police power always finds a place in the media. Controlling of police is very difficult, since outsiders protect them. Poor and vulnerable sections of society are the worst victims of police abuses. Most of these incidents do not come into the lime light. Even if they are reported, they will escape from the clutches of law on grounds of scant evidence. In the area of investigation abuses of power by the police such as custodial violence, non-recording of arrest, victimisation of innocent people, custodial rape and fabrication of evidence are alarmingly high.
Though our courts are vigilant and strict in dealing with the abuse of power by the police, the executive is not showing much concern over this issue. Several police commission reports were submitted; but so far the government has not taken any positive steps to solve this problem. In order to improve the efficiency of criminal justice system, not only the agency, which is conducting investigation but also the law dealing with investigation, must be changed accordingly. The change in one may not be fruitful and in the case of abuse of power, status quo may be the rule.
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Table of Contents
1. Introduction
2. The Criminal Justice System
3. Emergence of Police as Machinery for Crime Investigation
4. Police in India
5. Statutory Control of Police in India
6. Judicial Control of Police in India
7.  Control of Police : A Comparative Overview
8. Problems in Law Enforcement
9. Conclusion and Suggestion
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Author Details
Dr. John P.C
K.N. Chandrasekharan Pillai