WHEN POLICE AND COURTS DIFFER IN TAKING COGNIZANCE OF OFFENCES

Abstract

Under the Code of Criminal Procedure, 1973 (CrPC), a Criminal Court can take cognizance of offences and is not bound by the view taken by the Police in their report u/s 169 of the CrPC.  

While administration of justice falls within the sole purview of Courts of law, the process of administration of justice requires the performance of some tasks which require the use of coercive power, which no department other than the Police are equipped to perform.  

In serious cases where the Police as an investigating agency have taken a view that a particular accused person need not be proceeded against and where the Court takes a contrary stance and takes cognizance of offences qua such a person, the same Police agency is called upon to assist in performing the aforementioned tasks. While it may not per se interfere with the administration of justice, the fundamental principle of justice, that justice must not only be done but must most manifestly and undoubtedly be seen to be done, comes under a shadow of doubt under the present system.  

The system of Sheriffs and Marshals in the United States, independent of the Police, take care of the ministerial tasks of trial. 

The present Comment seeks to study the present state of the system under the CrPC and to make suggestions for incorporating into it the system of Sheriffs as a uniformed, trained, armed civil service under the command of Courts of law.