THE INVESTIGATIVE MACHINERY IN THE ACCUSATORIAL

SYSTEM - PROBLEMS AND PERSPECTIVES

CONTENTS
PREFACE i-v

Chapter I – INTRODUCTION 1-18

Society and the Police
What is Policing
Why We Need Police
Working of the Police System in the
Post-independent Period
Special Acts
Investigative Machinery in the Post-Independent India
The Praksh Singh Conundrum
The Present Problem

Chapter II – THE CRIMINAL JUSTICE SYSTEM 19-62

Introduction
Criminal Justice Systems
Adversary System
Characteristic Features
a. Conflict resolution System
b. Passive Role of the Judges
c. Competing Counsels
d. Presumption of Innocence
e. Investigation
Inquisitorial System
Characteristic Features
a. Active Role of the Judiciary
b. Passive Role of the Counsels
c. Presumption of Innocence

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 d. Judicial Investigation
Contrasting Two Systems
Fair Investigation - a Myth?
Fair Trial – a Myth?
Truth Seeking – a Myth?
The Investigative Machinery
Conclusion

Chapter III – INVESTIGATIVE MACHINERY

AND CRIME INVESTIGATION 63-89
The Investigative Machinery
Evolution of Police
English Explanation
Indian Justification
French Experience
Investigation
Investigation - Historical Account
Relevance of Police Investigation
How to Control Discretion
Arrestable Offence
Detention centre and Detention Officers
Interrogation
Custody of Women
Conclusion

Chapter IV – THE INVESTIGATIVE MACHINERY 90-148

IN INDIA
Powers and Duties
Duties and Functions
Maintenance of Law and Order
Investigation of Crime
Powers

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 Arrest and Detention
Interrogation and Examination
Search
Filing of Final Report
Nature of Power
The Abuse of Power
Arrest and Custody
Interrogation
Search
Fabrication of Evidence and
Non-Registration of Cases
Violation of Rights of Women
Taking citizens Rights Lightly
Human Rights Violations
Importance of Human Rights Protection
In Search of Police
Conclusion

Chapter V – STATUTORY CONTROL OF

POLICE IN INDIA 149-216
Introduction
Nature of Discretion
Need of Controls on Discretion
Scheme of Control
A. Control Before Investigation
a. Selection and Training
b. Clarifying Powers and Duties
c. Protection of Life and Liberty
d. Maintenance of Law & Order
B. Control During Investigation
a. Arrest & Detention
b. Interrogation and Recording of Statements

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 c. Search & Seizure
d. Maintenance of Case Diary
e. Prohibition of Certain Prosecutions
f. Privilege Against Self-incrimination
C. Control After Investigation
a. Filing of Final Report
b. Deficiency in Evidence
c. Further Investigation
d. Restrictions in the Use of Statements
Where the Control Fails?
a. Absence of Proper Definition
b. Heavy Workload and Varying Nature of Work
c. Absence of Criminal sanctions
d. Absence of Independent Authority to
Investigate Cases
e. Absence of Programmes to Review the Results
f. Absence of People‘s Confidence and Co-
operation
Conclusion

Chapter VI – JUDICIAL CONTROL OF

POLICE IN INDIA 217-266
Judicial Control- Justification
Judicial Approach
A. Punitive Approach
B. Compensatory Approach
C. Preventive Approach
Effectiveness of Judicial Control
Where the Court Fails
Conclusion

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Chapter VII – CONTROL OF POLICE–
A COMPARATIVE OVER VIEW 267-328
Introduction
Judicial Control
a. Judicial Review of Law Enforcement Decisions
b. Exclusionary Rule
Drawbacks
c. Due Process
d. Judge‘s Rules
How Effective
Statutory Control
a. Police and Criminal Evidence Act, 1984
Redress for Police Abuse of Power
i. Exclusion of Evidence
ii. Tortious Remedies
a. False Imprisonment
b. Malicious Prosecution
c. Trespass
d. Assault
iii. Police Complaints and Disciplinary Proceedings
Effectiveness
b. Bill of Rights
i. Search & Seizure
ii. Arrest
iii. Interrogation & Confession
iv. Right to Counsel and Bail
Weakness
Position in France
a. Nullity of Evidence
b. Search & Seizure
c. Interrogation
d. Violation of the Rights of the Accused

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 Control- How?
Conclusion

Chapter VIII - PROBLEMS IN LAW ENFORCEMENT 329-356

Problems and Panaceas
A. Institutional Problems
i. The Police Culture
ii. Poor Selection and Training
iii. Strength and Service Conditions
iv. Out-dated Police Structure
v. Work Load
vi. Lack of Adequate Staff
vii. Lack of Infrastructure Facilities
viii. Job Stress
ix. Lack of Forensic Facilities &
Scientific Investigation
x. Lack of Continuing Education & Assessment
xi. Unnecessary Interference for Top Order
xii. Lack of Professionalism
xiii. Corruption in Police
xiv. Malpractices in Investigation
B. Social Problems
i. Strained Relationship with the Public
ii. Lack of co-operation from the Public
in the Investigation
iii. Political Interference
C. Legal Problems
i. Criminal Procedure Code and the Police
ii. Evidence Act
iii. Lack of Legal Knowledge
iv. Hostility of Witness
Conclusion

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Chapter IX – CONCLUSION AND SUGGESTIONS 357-377

APPENDICES xiii-xv

INDEX OF CASES xvi-xxix

STATUTES AND REPORTS xxx-xxxi

ABBREVIATIONS xxxii-xxxiv

SELECT BIBLIOGRAPHY xxxv-xliii

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