Examining The Need For A Standard Operating Procedure In Light Of Criminal Investigations

Examining The Need For A Standard Operating Procedure In Light Of Criminal Investigations By Law Enforcement Agencies

Utkarsh Mishra & Sanchita Singh, Symbiosis Law School, Noida

ABSTRACT

The Criminal Justice System is an amalgamation of various branches of the government, namely the judiciary and the law enforcement agencies, i.e., the police department. The Police is responsible for registering a criminal activity, providing emergency relief and protection, conducting the detailed investigation of the case and collecting the evidence based on which the judiciary acts and provides the judgement over the guilt of the accused. Thus, it is pertinent to understand that judicial decisions are primarily based on the investigation conducted and evidence that were collected by the police. Dismally, the police department of our country has often been maligned with allegations of brutality, corruption and malfeasance. It is fair to assume that the police department neither has the intention nor the resources to conduct fair and impartial investigation of a crime scene. The result of this is that the police often falters in its pattern of investigation and the criminal goes scot- free after committing the most heinous of crimes. It also leads to further ostracization of the police personnel in relation to the citizens which makes legal accessibility scarce and contributes to establishing lawlessness. This paper thus aims to establish a statute overlooking and setting up the standards of investigation providing concrete guidelines to the police for conducting criminal investigations properly and holding them accountable for discrepancies in the investigation. This will ensure better enforceability of the law and provide for justice. It will also make sure that the enormous powers that the police officials have over the justice system is controlled (since the police are responsible for bringing the evidence to the court).