Although the crime rate in the world and India has shown fluctuations and even decreasing trends in recent times, crime as such is too serious a matter to be taken lightly. Countries like Venezuela, Papua New Guinea, and Afghanistan show a high rate of crime in the context of the world. On the other hand, in India, the overall crime rate might have shown a decreasing trend in recent times, but there has been no respite in cybercrimes and crimes against women and children. The reasons for the rise in crime are rapid urbanization, population growth, unemployment, and social inequality. Weak policing, lack of manpower, and lack of training are also attributed as another reason for the rise in crime. In such a tricky situation, the role of the police and the investigating agencies becomes all the more important. As everybody knows, the central government and the state governments have their own investigating agencies to probe into crimes. Though the central government does maintain Central Armed Police Forces under the control of the Ministry of Home Affairs to help the states in maintaining law and order and controlling insurgency, it is the basic duty of the police in the states to take care of law and order. To probe into matters of serious crimes and crimes of national importance, the central government maintains agencies like CBI and NIA. The state governments also maintain the Crime Branch to look into crimes at the state level. In the light of serious cases of crime in recent times and investigating agencies coming into the picture, let us analyse the situation in which they have to work:
- Initial taking up of the case by police – The state police department not only maintains law and order but also takes up cases for inquiry and investigation. There are numerous day-to-day cases, most of which involve crimes and require a minimum of inquiry and investigation.
- Shifting of the case to Crime Branch – The police do register and take up cases and start the investigation process. But when, in certain cases, it seems to require further expertise, the case is shifted to the Crime Branch, which is a special branch of the state police. The decision of the government and public opinion may also act in favour of the shift.
- Further shifting of the case to CBI – Major cases are further shifted to CBI either from police or Crime Branch. The decision of the central government, request by the state government, and ruling of the court on a petition by the affected parties may lead CBI to take up the case.
- Late entry of CBI – In most cases, it is seen that the CBI has had a very late entry. First the police, then the Crime Branch, and lastly CBI get a chance to probe into matters. Sometimes it so happens that the CBI comes into the picture even after years of the incident or crime. Seriousness of the crime, dissatisfaction of the government with the progress of the Crime Branch, petition by the affected parties in the court of law, and persistent demand in certain quarters lead to the entry of CBI, which is often late. There are very few cases involving instant entry of CBI.
- Importance of evidence – No matter whether it is the police, Crime Branch, or CBI, it is the duty of the investigating team to collect and present before the court of law the required evidence to prove the crime and punish the guilty. Without clear-cut and sufficient evidence, the case will be legally weak. There are various evidences like eyewitness, circumstantial, and scientific evidences accepted by the court. But sometimes it becomes difficult on the part of an investigating team to gather the evidences and collect them in a linking chain because of tampering and destruction of evidences after the crime. The CBI is usually at a disadvantage in the matter as it enters the scene last.
- Role of media and social media – In a free and democratic country, the media and social media play a crucial role. We just cannot avoid it and sit complacent that nobody is watching us. Gone are the days when there was only the print media. But now the electronics and social media are bound to come into the picture whenever there is any crime and trial for it.
- Dissatisfaction of parties – The parties affected by the crime who might have lost their near and dear ones or wealth may or may not remain satisfied with the progress of the investigation. Since they were close to the victim and have even seen the crime taking place, their opinion matters and it should be taken into consideration by the investigating agency.
- Political and government influence – There are often complaints of intervention by the government or political parties on the progress of investigation. Since police, Crime Branch, and CBI are all government offices, it is easier for the government to influence the same. Influential political party, party in power, or party in opposition may also influence the investigation process.
- Role of court – The court has also a pivotal role to play in dealing with a criminal case, though it does not normally interfere with the process of investigation. However, it may lend a sitting or retired judge to supervise the case either on the request of the government or petition by the affected parties. It may also constitute a committee to look into the case.
- Public opinion – Public opinion plays a crucial role in a democracy. As it is said, eternal vigilance is the price of liberty. People have become aware today and nobody can expect them to be silent over issues. They know what is happening around and give their opinion over national and international issues. What they say carries weight and must therefore be respected by the investigating agency.
In view of the situation, let us try to find out the probable ways and means for better and satisfactory investigations:
- Strong policing – The police in most states appear to be a weak force and the concerned states should take the matter seriously. Necessary reforms in the department from time to time are a must and the government should leave no stone unturned in boosting the morale of the police force. Police should create the impression that it is a friend of the public. Police-public meetings from time to time will be helpful in the matter. The Ministry of Home Affairs is vital at present. It should be given to a Minister who can do justice to it in the midst of his other portfolios and work schedule.
- Manpower – It is often complained that the police department is understaffed, which can hardly be afforded in this time of decreasing law and order situation. The government should look into the matter and go in for adequate manpower in the police department.
- Training – Training is very much important for the police, and latest and modern training must be provided so that they can handle the criminals and deal with criminal cases. The police personnel must attend national and international training programmes and seminars in law and order and criminology to keep themselves abreast of the latest technology and methods. Sincerity and honesty in service will be a boon for the police force.
- Upgrading Crime Branch – The Crime Branch is the equivalent of CBI in the state. It should therefore be upgraded, well-trained, and well-equipped so that people can repose faith in it. Since India is a vast country, there may be pressure on CBI in handling so many cases. If Crime Branch handles local issues efficiently, it is well and good. Crime Branch officials may very well be trained by CBI and there may also be an exchange of deputation of officers between the two.
- Early entry of CBI – In most cases, it is seen that the CBI makes a late entry. The CBI officers are also human beings and it takes time for them to understand the pros and cons of the case. In most cases, there are complaints of tampering and destruction of evidences. If it is too late and the CBI finds it difficult to come across the evidences, how can it proceed with the case and do justice to it? It is therefore necessary that if the case warrants CBI intervention, it should be assigned the case at the earliest.
- Media trial – In this age of electronics and social media, media trial can hardly be avoided. But it should not go to the extent that the court will be forced to impose a ban on it. The media should maintain restraint and present a balanced picture of the case with the help of experts. Otherwise, people will be biased and will not get a true picture of the case.
- Role of government – Since both the CBI and the Crime Branch are government departments, the concerned government should be careful and maintain neutrality in the case. Otherwise, people will have a wrong idea on it. The investigating agency should have a free hand without any government pressure or influence on it. Functional autonomy is a must for the investigating agencies. Some sort of a Board or Corporate Body may also be thought of for the same.
- Role of political party – Political parties irrespective of their position should not politicise the issue. However, if a case needs a CBI probe, they may ask the government to order it. It is seen that in most cases, the process of investigations is hampered due to unnecessary politics over a case.
- Role of Court – The court has an important role to play in the matter. It can deploy a judge or a committee to probe into the matter on request by the government or on a petition. It is called a judicial inquiry. It also punishes the guilty as per charge sheet filed by the investigating agency. It can also direct the investigating agency to reinvestigate the matter if further evidence is required in the matter and it is not satisfied with the closure report. It can also ask the government to deploy CBI in a particular case.
- Cooperation of police – The police which normally takes up a case should cooperate with the Crime Branch or CBI in handing over all the evidences available at its disposal and the pros and cons of the case. It should also seal the place of crime so that evidences are not tampered with.
- International standards – Investigating agencies like the police, Crime Branch, and CBI should follow international and accepted standards in the process of investigations. They should attend national and international training programmes and seminars to keep themselves abreast of the latest technology and methods in criminology.
- Best technology and facilities – The police, Crime Branch, and CBI should get the best of technology and facilities, thereby helping them in the investigation process. The way criminals are adopting newer methods, it becomes all the more important. Facilities for scientific tests and forensic laboratories which are helpful in the investigations for procuring evidences must be available in the country. At least one centre in the state capital will make investigations easier.
The central government protects the boundaries of the country through its armed forces, controls insurgency, law and order situation, and terrorism through its Central Armed Police Forces, and the state governments maintain law and order through their police forces. Investigating agencies like the Crime Branch and CBI are assigned the job of probing into serious crimes, thereby controlling the same. If they function in the right way, crimes will be exposed and the criminals be punished. This will put a check on further occurrence of crimes and crime rate in the country.
(The views expressed are the writer’s own)
Mr. Prafulla Kumar Majhi,
Retired Asst. Director, A. I. R, is an eminent Scholar and freelance writer in English & Odia. His areas of interests are sociocultural, economic, literary, historical and analytical studies and writings.
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