PROJECT ON

“RELATION BETWEEN POLICE AND PROSECUTION.”

SUBMITTED TO - Prof. Anant Pawar

SUBMITTED BY – Vivekanand Jha
ID NO. – 27
[LLB 2nd Year – 2022- 2023]

KLE COLLEGE OF LAW,

NAVI MUMBAI

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Contents

TITLE: -.............................................................................................................................................................. 3

ABSTRACT: - .................................................................................................................................................... 3

KEYWORDS: -................................................................................................................................................... 3

INTRODUCTION: - .......................................................................................................................................... 3

NATURE OF THE RELATIONSHIP BETWEEN POLICE AND PROSECUTION:- ............................... 4

FACTORS THAT IMPACT THE RELATIONSHIP BETWEEN POLICE AND PROSECUTION:- ...... 5

RELEVANT CASE STUDIES ON THE RELATIONSHIP BETWEEN POLICE AND PROSECUTION:- ............................ 6

BEST PRACTICES FOLLOWED FOR THE RELATIONSHIP BETWEEN POLICE AND PROSECUTION: ......................... 7

AREAS OF IMPROVEMENT FOR THE RELATIONSHIP BETWEEN POLICE AND PROSECUTION: ............................ 8

CONCLUSION:- ................................................................................................................................................ 9

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TITLE: -

Relation between Police and Prosecution

ABSTRACT: -

The relationship between the police and prosecution is an essential aspect of the criminal justice
system. The police are responsible for investigating crimes and gathering evidence, while the
prosecution is responsible for presenting the evidence in court and seeking a conviction. The
success of the criminal justice system relies on the effective collaboration between the police and
prosecution. Effective collaboration between the police and prosecution is critical for the
successful investigation and prosecution of criminal cases. This requires clear communication,
mutual respect, and a shared commitment to justice. Collaboration can also help to ensure that
cases are handled efficiently, reducing delays in the criminal justice process.

This research aims to explore the nature of this relationship and the factors that impact its
effectiveness. The study will also review relevant literature and case studies to gain a
comprehensive understanding of the relationship between the police and prosecution. The research
will seek to identify best practices and areas for improvement in the relationship between the
police and prosecution, with the ultimate goal of improving the effectiveness and efficiency of the
criminal justice system. The findings of this study will be useful for policymakers, law
enforcement agencies, and prosecutors.

KEYWORDS: -

Police, Prosecution, Investigation, Crime, Evidence, Court, Collaboration, Justice, and

Conviction.

INTRODUCTION: -

The relationship between the police and prosecution can be complex, as they have different roles
and objectives. The police gather evidence to support a prosecution, but they must also ensure
that the evidence is admissible in court. The prosecution must review the evidence and determine
whether it is sufficient to bring charges, but they must also ensure that the evidence is presented
in a way that will convince a jury of guilt beyond a reasonable doubt.

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 However, there can also be challenges in the relationship between the police and the prosecution.
Conflicts may arise when the police gather evidence that is not admissible in court or when the
prosecution is unable to build a strong case based on the evidence provided by the police. There
may also be tensions around issues such as plea bargaining and sentencing, as the police and
prosecution may have different priorities and perspectives.

Overall, the relationship between the police and prosecution is a critical factor in the functioning
of the criminal justice system. Collaboration and effective communication between these two
groups are essential for ensuring that justice is served and that the public has confidence in the
criminal justice process.
.

NATURE OF THE RELATIONSHIP BETWEEN POLICE AND PROSECUTION:-

The relationship between the police and prosecution is complex and multifaceted. On one hand,
the police and prosecution share a common goal of ensuring that justice is served and that
criminals are brought to justice. Both groups rely on each other to achieve this goal, as the police
are responsible for investigating crimes and gathering evidence, while the prosecution is
responsible for presenting the evidence in court and securing a conviction.

At the same time, there can be tensions and conflicts between the police and prosecution due to
differences in their roles and responsibilities. The police are responsible for gathering evidence
and may have a vested interest in securing a conviction, while the prosecution is responsible
for ensuring that the evidence is admissible in court and that the defendant's rights are
protected. These differing perspectives can sometimes lead to conflicts or misunderstandings
between the two groups.

Effective communication and collaboration are key to maintaining a positive relationship

between the police and prosecution. Regular communication and information sharing can help to
ensure that both groups are working towards the same goals and that the evidence gathered by the
police is sufficient to support a successful prosecution. Additionally, mutual respect and trust
are important factors in building a strong relationship between the police and prosecution.

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FACTORS THAT IMPACT THE RELATIONSHIP BETWEEN POLICE AND
PROSECUTION1:-

There are several factors that can impact the relationship between the police and the prosecution.
Understanding these factors is critical to improving the relationship between the police and
prosecution. By addressing these factors, both groups can work together more effectively to
achieve successful outcomes and ensure that justice is served. Some of the key factors include:

❖ Communication: Effective communication is critical to building a strong relationship

between the police and prosecution. Poor communication can lead to misunderstandings
and conflicts, which can undermine trust and cooperation between the two groups.
❖ Trust: Trust is essential for building a positive relationship between the police and
prosecution. The police must trust that the prosecution will use the evidence they gather
ethically and within the law, while the prosecution must trust that the police have gathered
evidence in a legal and ethical manner.
❖ Shared objectives: The police and prosecution must have a shared commitment to justice
and the rule of law. When both groups are working towards the same goals, they are more
likely to collaborate effectively and achieve successful outcomes.
❖ Power dynamics: Power dynamics can impact the relationship between the police and
prosecution. Prosecutors may have more authority and decision-making power than police
officers, which can create tensions and conflicts.
❖ Resource constraints: Resource constraints can also impact the relationship between the
police and prosecution. If either group is under-resourced or overworked, this can lead to
frustration, burnout, and a lack of cooperation.
❖ Organizational culture: Organizational culture can also impact the relationship between
the police and prosecution. If there is a culture of mistrust within either organization, this
can undermine the effectiveness of their collaboration.

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Criminal Psychology by Navin Kumar
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RELEVANT CASE STUDIES ON THE RELATIONSHIP BETWEEN POLICE AND
PROSECUTION:-

Here are some relevant case studies on the topic of the relationship between the police and
prosecution

➢ The Murder Trial of O.J. Simpson: The high-profile trial of O.J. Simpson in 1995
highlighted tensions between the police and prosecution. The defense team argued that
the police had mishandled evidence and that the prosecution had engaged in misconduct.
The case ultimately resulted in Simpson's acquittal, and it highlighted the importance of
effective communication and collaboration between the police and prosecution.
➢ Bilkis Bano Case: The Bilkis Bano case, also known as the Gujarat Riots Case, involved
the gang rape and murder of a Muslim woman during the 2002 Gujarat riots. The case
highlighted tensions between the police and prosecution, with allegations that the police
had tampered with evidence and that the prosecution had failed to present a strong case.
The case ultimately resulted in the conviction of 11 people, including police officers.
➢ Jessica Lal Murder Case: The Jessica Lal case involved the murder of a model in a Delhi
restaurant in 1999. The case highlighted tensions between the police and prosecution, with
allegations of corruption and interference by powerful individuals. The case ultimately
resulted in the conviction of the accused after a retrial and highlighted the need for the
police and prosecution to work together effectively to ensure justice is served.
➢ Sohrabuddin Sheikh Encounter Case: The Sohrabuddin Sheikh Encounter Case
involved the alleged fake encounter killing of a gangster and his wife by the Gujarat police
in 2005. The case highlighted tensions between the police and prosecution, with
allegations of political interference and cover-up. The case ultimately resulted in the
conviction of police officers and others involved in the encounter.
➢ Sunanda Pushkar Case: The Sunanda Pushkar case involved the mysterious death of a
politician's wife in a Delhi hotel in 2014. The case highlighted tensions between the police
and prosecution, with allegations of mishandling of evidence and lack of coordination.
The case is ongoing, and it highlights the need for effective communication and
collaboration between the police and prosecution.

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BEST PRACTICES FOLLOWED FOR THE RELATIONSHIP BETWEEN POLICE AND
PROSECUTION2:

The relationship between the police and prosecution is crucial to the effective functioning of the
criminal justice system. Here are some best practices that can help foster a positive and productive
relationship between these two entities.

❖ Clear communication: Effective communication is essential for a good working

relationship between the police and prosecution. They should communicate regularly and
clearly about case developments, evidence, and witness statements. They should also keep
each other informed about any issues that may arise during the investigation or trial.
❖ Respect for each other’s roles: The police and prosecution have different roles and
responsibilities within the criminal justice system. It is essential to respect each other's
roles and understand the unique contributions each makes to the process.
❖ Collaboration: Collaboration between the police and prosecution can lead to better
outcomes for all parties involved, including victims and the community. Collaboration
can involve regular meetings, sharing information, and developing joint strategies.
❖ Training: Both police officers and prosecutors should receive training on their roles and
responsibilities in the criminal justice system. This training should emphasize the
importance of collaboration and clear communication between the two entities.
❖ Independence: Prosecutors should maintain their independence from the police, even as
they work closely together. They should make decisions based on the law and the facts of
the case, rather than being unduly influenced by the police.
❖ Accountability: Both the police and prosecution should be held accountable for their
actions. This can involve oversight by external bodies or mechanisms for reviewing cases
and ensuring that justice is served.

By following these best practices, the police and prosecution can work together effectively to
achieve justice for victims and the community.

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Criminology, Penology and Victimology by N.V. Paranjape
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AREAS OF IMPROVEMENT FOR THE RELATIONSHIP BETWEEN POLICE AND
PROSECUTION3:

There are several areas for improvement in the relationship between the police and prosecution
that could help enhance the efficiency and effectiveness of the criminal justice system. Some of
these areas include.
 Communication and Collaboration: Communication and collaboration between the
police and prosecution can be improved by establishing clear channels of communication
and encouraging regular meetings and feedback. This can help ensure that the prosecution
has all the necessary information and evidence to build a strong case, and that the police
are aware of any developments in the case that may impact their investigation.
 Training and Education: Providing both the police and prosecution with appropriate
training and education can help enhance their understanding of each other's roles and
responsibilities in the criminal justice system. This can help build trust and improve
collaboration between the two groups.
 Transparency and Accountability: There should be clear guidelines and protocols in
place for sharing information and evidence between the police and prosecution. This can
help ensure that the prosecution has access to all relevant information and evidence needed
to prosecute the case, while also ensuring that the police are held accountable for any
errors or omissions in their investigation.
 Cultural Competence: Both the police and prosecution should be trained in cultural
competence to help them better understand the needs and perspectives of diverse
communities. This can help improve the relationship between the police and these
communities, and also help the prosecution build stronger cases that take into account the
unique circumstances and challenges faced by members of these communities.
 Data Sharing and Analysis: The police and prosecution should be encouraged to share
data and collaborate on data analysis to help identify patterns and trends in criminal
activity. This can help both groups work together to develop more effective strategies for
crime prevention and prosecution.

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Criminology, Penology and Victimology by N.V. Paranjape
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CONCLUSION:-

In my opinion the relationship between the police and prosecution is a critical component of the
criminal justice system. Collaboration and effective communication between these two groups
are essential for ensuring that justice is served and that the public is protected. By improving areas
such as communication, training, transparency, cultural competence, and data sharing, the
relationship between the police and prosecution can be strengthened, leading to more efficient
and effective criminal justice outcomes. It is important for policymakers and criminal justice
practitioners to prioritize efforts to improve this relationship to ensure a fair and just criminal
justice system for all.

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