NCJ Number
122052
Journal
Indian Journal of Criminology Volume: 17 Issue: 2 Dated: (July 1989) Pages: 104-108
Date Published
1989
Length
4 pages
Annotation
A discussion on the importance of police effectiveness in the public eye provides an introduction to a comparison between English and Indian courts.
Abstract
It is argued that the Indian Evidence Act creates conditions in which police personnel cannot operate with efficiency and dignity in investigation and criminal prosecution. In contrast to the English application of the Reliability Principle, the Indian legal view is that the methods of the investigating officers are suspect. The result of the Indian Code of Criminal Procedure is that two separate issues, the admissibility of evidence and impropriety of adopting questionable methods during investigation get mixed up in the courts with the trying of the accused. The high percentage of acquittals and the large number of witnesses who commit perjury are deplored. It is suggested that the magistrate pay closer attention during the investigation in order to check malpractices at an appropriate stage.