Vision of Police in Compliance With Rule of Law in Investigation Process

Abstract

newline A fair and effective investigation is the cornerstone of any criminal justice system, newlineensuring that justice is served while safeguarding the rights of individuals. The rule of newlinelaw is the bedrock of any democratic society, ensuring that laws govern the actions of newlineindividuals and institutions rather than arbitrary decisions. In the context of criminal newlineinvestigations, adherence to the rule of law mandates that investigative agencies act newlineimpartially, free from external influence or personal biases. Investigative authorities newlinemust conduct fair and transparent investigation, respecting the constitutional rights of newlinethe accused and victims alike. newlineInvestigation is domain of police uninfluenced by any other state functionaries, newlinecomplete freedom has been given to police starting from CrPC 1898 to CrPC 1973 even newlinethe new Bharatiya Nagarik Suraksha Sanhita 2023 also moves in the same direction. newlineInvestigation provides the material which forms the basis of trial and relied by the newlineprosecution so it is the foundation of trial in delivery of justice. newlineTime to time it has been seen in number of cases are ending in acquittal or conviction newlinedue to defective investigation. It has been frequently observed that our investigating newlineofficers neglect to gather the necessary evidence during the course of their investigation newlineand unintentionally maintain gaps through which the person being investigated finds an newlineeasy way to evade the reach of the law due to defective investigation. To strengthen the investigation and its effectiveness the honand#8223;ble Supreme Court has newlinebrought the investigation within the purview of Article 21 of the Constitution by newlinemaking it a fundamental right of individual to have just and fair investigation which is newlinealso reflected in Rule of law. One of the fundamental tenets of the rule of law, just and newlinefair investigation, has been disregarded by the police in many cases. Despite the newlineSupreme Court effort of making fair investigation as part of Article 21 defective newlineinvestigation remains the concern.