Role of Police And Its Power To Investigate

Role of Police And Its Power To Investigate

Role of Police And Its Power To Investigate
Role of Police And Its Power To Investigate




According to the preamble of  Police Act, 1861 “the police officer is an instrument for the prevention and detection of crime. If any person is in trouble or he is having threat to his life he always remember the protector of our rights i.e police.

Officer incharge of police station is required to perform some specific duties when he receives some information not only about commission of cognizable offence, but also about commission of non-cognizable offence. Main difference between performances of such duties is that he is not to refer information to magistrate in case of commission of cognizable offence while he is to refer informant to magistrate in case of commission of non-cognizable offence.

ROLE OF POLICE:

Police plays a crucial role in combating crime, preserving peace, maintaining public order. They basically play a dual role while maintaining  law and order of any state. They also control illegal activities and sale of illegal articles to which many people fall prey and destroy their life. The role of the police officers in nutshell are:

  1. To prevent crimes
  2. To protect public properties
  3. To promote and preserve public order
  4. To maintain law and order.
  5. To prevent and control terrorist activities.
  6. To protect internal security
  7. To prevent commission of any cognizable offences
  8. To accurately register complaint brought by complainant
  9. To register Zero FIR and not to just deny the person to lodge the complaint just because the place where offence was committed doesn’t comes under their jurisdiction
  10. Preserve, promote and protect human rights and interest of weaker section, backward classes.
  11. To take preventive action but a police must not exercise this power arbitrarily.
  12. To do patrolling and prohibit sale of illegal articles.
  13. VIP security and performance of various duties while visit of any VIP.

 

POWER OF POLICE TO INVESTIGATE:

 

The power of investigation by police may start:

  • Where FIR is given under section 154 CrPC; or

 

Where the police officer has otherwise reason to suspect the commission of a cognizable offence [ S. 157(1) & 156(1) CrPC ] or

  • Where a competent Magistrate orders the police under Section 156(3) without taking cognizance of the offence on a complaint under section 200.
  • After taking cognizance of the offence on a complaint for the purpose of deciding as to the issue of process against the accused. [S.202(1) & S.203 CrPC]

Power to investigate in cases of non-cognizable offences: S.155(2) CrPC

A magistrate under certain circumstances can also order a police officer in charge of a police station to investigate a cognizable or even a non- cognizable case. Where a Magistrate under section 155(2) gives an order to a police officer to investigate a non-cognizable offence, the police officer receiving such order may exercise the same powers in respect of the investigation except the power to arrest without warrant which he do in a cognizable case.

 

Power of police to require attendance of witness:

According to section 160 police officer may by order in writing require attendance of witnesses. Provided that no male person under the age of 50 years or above 65 years or a woman or a mentally or physically disabled shall be required to attend at any place other than the place in which such person above mentioned resides.

Examination of witnesses by police:

As per section 161 CrPC statements are taken from the person who are acquainted with the facts and circumstances of the case and are reduced into writing.

By the amendment act 2013 it was stated that the statement of a woman against whom an offence under S. 354, S. 354-A, 354-B, 354-C, 354-D or section 376, 376-A, 376-B, 376-C, 376-D, 376-E or Section 509 is alleged to have been committed or attempted shall be recorded by a woman police officer.



Read More :

Add a Comment

Your email address will not be published. Required fields are marked *