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Role of Police in Criminal Justice Administrative System
Updated: Sep 27
Paper Code: AIJACLAV28RP2025
Category: Research Paper
Date of Publication: Feb 10, 2026
Citation: Dr. J. Merija Rose, “Role of Police in Criminal Justice Administrative System”, 5, AIJACLA, 342, 342-348 (2025), <https://www.aequivic.in/post/role-of-police-in-criminal-justice-administrative-system>
Author Details: Dr. J. Merija Rose, Assistant Professor, Government Law College, Karaikudi
Abstract
The criminal justice administrative system governs the rules of activities essential to be followed by the citizens of the society. The mechanism of criminal justice is functioning by making arrest, interrogating, framing charges and awarding punishments to the subjects of the society who break the indispensable rules of the state. The role of police is decisive because the police are functionary in criminal justice administrative system. Legislations elaborate the obligations of the police, like crime control, enquiry of offences, ensuring law and order and safeguarding fundamental rights. Nowadays, the essential responsibility of police is to guarantee the ‘legal regulations’ which is the vital element of a Republic country. As well as traditional maintenance of law and order; they take part in bridging public cooperation, community binding, and the conservation of justice. This paper concentrates on the functions of police in criminal justice administrative system. Also, this paper scrutinizes issues which hinder the Police to act effectively in criminal justice administrative system. Furthermore, this paper provides the suggestions of reformative measures in the police system.
Keywords:- Interrogating, Functionary, Safeguarding, Vital Element, Conservation of Justice.
Paper Code: AIJACLAV31RP2025
Introduction
The police are obligated the task of controlling and interrogating the offences. They have the accountability to uphold public order, safeguard VIPs and holding significant importance in the protection of the country. To fulfill these assignments the police are conferred on ample lawful powers. These consist of the power to apprehend the suspect, making search upon him and his property. Issuing summons to them to come to the police station for interrogation and carrying out some legal proceedings for performing their tasks. With the intention of certifying that the police use these powers appropriately, the legislation has laid down numerous regulations upon the police. With the emergence of democratic organizations, the public have turned into the basis of power and the country has accredited their fundamental rights. The criminal justice administrative system is employing the police organization which underlines the comprehensive significance of the police system in establishing justice and social order. At the forefront of resistance between the society and the regulation, police organization monitors preventing and checking into offensive deeds. The just and fair enforcement of the law is reliant upon the efficient police performance which correspondingly uplifts the integrity of the criminal justice system. A thorough evaluation of this point elucidates the multifaceted collaboration within the criminal justice administrative system and underlines how essentially significant a proficient and conscientious police organization is to be preserving the efficiency of the system and the people’s faith.
Objectives of the Study
Below mentioned objectives are taken into consideration for this study:
1. To identify the Functions of Police in Criminal Justice Administrative System.
2. To analyse the issues which hinder the Police to act as stakeholder of Criminal Justice Administrative System of India.
3. To provide suggestive measures for making reforms in police system in Criminal Justice Administrative System.
Functions of Police in Criminal Justice Administrative System
In Criminal justice Administrative System of India, functions of police get predominant role in securing justice to the pubic appropriately. They are described here one by one.
I. Arrest
Police are entrusted with a predominant duty of apprehending the culprits and doubtful person and then bringing them into incarceration with the aim of controlling crime. The Bharatiya Nagarik Suraksha Sanhita consists of the provisions for preventive actions of the Police. Additionally, this code contribute sufficient defense to the police authorities against lawful action for confinement of an guiltless individual who was arrested and put under police custody under a genuine opinion that he was a wrongdoer. Usually, the police are blamed for exercising excessive violence while arresting a doubtful person. They are applying filthy words or intimidating to apply excessive violence and more than that harass him. These cruel manners are done by the police not only where the individual has opposed his arrest, but as well are performed even though he has obeyed the police custody. Low class people like underprivileged, uneducated and indigent are the most probably aggrieved by violent behaviour of the police. It is about right time to police developments for redressing this issue so as to control such aggressive activities.
At any time the police officer considers that the interrogation is not finished within the prescribed time of twenty four hours and there are reasons for presuming that the allegation or indictment is justifiable, the investigating officer may request an order for police custody from the nearby Judicial Magistrate. The legal provisions oblige an intensive duty on the Magistrate and confer judicial forethought to be applied with extreme care. An order for police custody is reliant upon contentment of the Magistrate, the days for such custody shall not extend beyond fifteen days.
Furthermore, there is a common insufficiency of responsibility in the investigation methods. Because of unhealthy monitoring machineries, incidents of police transgressions, such as including custodial torture and fabricated admissions are frequently left rampant. Deficiency of periodical inspections, scrutiny and self-regulating supervising departments permit such misconducts to continue. In the perspective of conformity with legal provisions on arrest, at the same time as the most of the officers replied those procedures are “always” observed, but in reality, the range of non-observance or improper observance is giving a disturbing situation of cases. These processes are not only component of police obligations, but also they comprise protection against torture and transgressions in custody. As has been abundantly recorded, insufficiency of observance to these processes gives access to severe unnecessary illegal arrests. The decision in D.K. Basu case[1] remarked that the non observance with the principles will make the particular officer accountable for administrative action and for contempt of court.
II. Investigation and prosecution
When the police officer is getting the knowledge of the crime, the interrogation of offence begins. Bharatiya Nagarik Suraksha Sanhita categorizes offences into two kinds, cognizable offences and non-cognizable offences. In the event of cognizable offences the police can commence investigation without the directions of the Magistrate. At the same time, in non-cognizable offences police should seek the order of Magistrate to commence the investigation. It is also envisaged in the provisions that the police have power to make arrest a person without warrant for committing a cognizable offence, in contrast it cannot be done in the event of a non-cognizable offence.
In addition to other issues, police torture is another issue which has materialized to be a confrontation in the police investigation methods in India. Rude and cruel manner is exercised by police in prosecuting the cases. Besides, detainees are getting oppressed in its custody. Exercising cruelty on suspects and perpetrator has become a usual incident in the police custody. The ‘Police’ who are the public servant of a state applies brutality to get details on investigation.
III. Registering FIR
Police take initial action to commence investigation by lodging First Information report (FIR) in cognizable offences which depicts the real occurrence of crime. After lodging FIR there is no need in consequence for making arrest of the person, it only supports for appropriate investigation. The police can submit closure report, if there is no adequate prima facie proof. Where the information discloses commission of a cognizable crime, the Supreme Court emphasized in Lalita Kumari Vs State of U.P. & others[2] that police are bound to lodge FIR, if the incident blatantly reveals as cognizable offence.
In addition, this case elaborated that the responsibility of lodging FIR has three central merits. The first merit is to 'secure justice' for a victim. Second merit is it sustains the 'Rule of Law' to the extent that the common individual conveys the incidence of a cognizable offence to the awareness of the State. Third merit is it also assists to prompt investigation and occasionally even in controlling of crime. On the contrary, a major difficult in lodging of FIR is political intrusion. Investigating officers are frequently influenced by prominent persons, privileged heads or own advantages to falsify the ingredients of FIR. Furthermore, political pressure in the performance of police is also one of the factors for delay in filing FIR. The task of police turns into more complicated as political interference enters internally to make worse the circumstances to accomplish their works.
IV. Examining Witness
Legal provisions confer power upon a police officer to conduct examination on any individual familiar with the events related to the case. Wherever the witnesses to any occurrence of offences are uneducated, partially educated from villages, the police officers should apply a bit longer carefulness in writing down their testimonies. Those witnesses owing to their poor education and no knowledge of revealing the truth etc. have only tiny amount of opinions to precisely recite the actual story of the occurrences with exactness. The questions raised by the police officers to the witnesses should, to the full extent, be in their vernacular language to recognize and the actual description of the incidents ought to be tried to be brought out from them.[3]
The committee on Criminal Justice Reforms(2003) suggested that the testimonies given to the police, such as confessions be audio/video recorded and adapted as permissible in proof depending on the situation that the accused was aware of his right to seek advice from a legal consultant before giving testimony. It was also advised that such recorded written testimonies be secured with a signature by the declarant and utilized both to challenge over and above to substantiate the declarant of the statement. Compelling witnesses to put signature in the testimonies and to accepting their culpability infringes the constitutional right against self incrimination and violates the principles of the Major Acts. Besides it is irrelevant evidence before court of law. As well, committing cruel activities to obtain statement is liable to be punished by Law.
V. Search and seizure
On the subject of search, if an investigating officer has reason to believe that the suspect or person to be arrested has gone into or is lurking in a premises, the officer is authorized to step into that place for conducting search. After a police officer makes arrest any suspect, the police officer can conduct the search upon the arrested person under Section 49 of Bharatiya Nagarik Suraksha Sanhita. Women police officers can search the women suspects in common courtesy. Under Section 50, the police officer is authorized to seize the horrible arms from the arrested person.
In relation to anti-corruption cases, the police must look for the assistance of respective witnesses in the moment of search and seizure to evoke the trust in the mind of the court. When the gathering of evidences is depraved by mistake or misconduct, grave judicial error will happen. Also, effective trial of the case relies on a comprehensive and vigilant search for accuracy and gathering of evidence which is both permissible and supportive. On conducting the search, it is the obligation of the police to interrogate justifiably and systematically and gather all proof, whether favorable or unfavorable to the accused. Safety of the public ongoing the supreme aspect, the legislations, processes and police system must be just like to guarantee that the accused are arrested and sentenced with extreme outcome and in the procedures the guiltless are not injured. The goal of the interrogation and, indeed, the whole Criminal Justice System is to search for certainty. To attain this goal, the police officers must be appropriately skilled and observed along with essential technical and operational assistance should be arranged to them.
VI. Modern Methods of Investigation
In contemporary days, modern scientific methods of investigation such as forensic examination take part in a vital role. Lateness in forensic examination brings about belatedness of securing justice. Finding offenders has become reasonably a specialized science with the most recent technological developments and contemporary techniques of crime investigation. In the present context, culprits are found through many efficient body liquid tests, by scrutinizing the computer hard drives of criminal and through DNA examination; fingerprints of notorious offenders can be detected in a few moments through automatic fingerprint identification systems. Furthermore, the Automated Fingerprint Identification System detects any links to a person beforehand apprehended or somebody who has been issued warrant in just a few minutes.
In the modern initiative for ‘smart policing’, state police crews have been gaining and began to apply technology such as unmanned aerial vehicles and movable patrolling vehicles. The Indian Police unit is in shortage of manpower and overburdened. Insufficiency of effective investigation is created by an inadequate staff which additionally causes delay in the disposal of cases. These factors have extensive implications like conducting investigations for prolonged time, controlling crime tasks become weak and public safety is interrupted. Overstrained investigating officers must too often cope with several grave cases such as murder, cheating, cybercrime, rape which gives rise to deferred investigation, unsatisfactory case report, ambiguous result at court and then mounting of unsettled offences that subsequently cause an impression of disorganization.
Issues which hinder the Police to act as stakeholder of Criminal Justice Administrative System in India
Police are acting as stakeholder of Indian Criminal Justice Administrative System. Though they are playing significant role, there are multiple issues which hinder the police system to work effectively. They are summed up here:
v Corruption
A significant issue which is an impediment to the efficient police system is corruption. Corruption within police system obstructs unbiased investigations, effectuating in flawed evidences, deceptive statements of witness and unfair indictment or discharges. These kinds of activities ruin the confidence of society about law executing departments and vitiate the justice administrative system. It is a widely known fact that attitude of gaining money through illegal means or receiving bribe is in full swing at the police department. Actually, this range of corruption widens further than the police department to the top criminal justice and political authorities also rotate around the law enforcement machineries of a local crime organization. Police takes advantage of its unrestricted powers in the manner that a victim has to give consideration even for registering First Information Report at some police station, if there is occurrence of something injury to him. Nevertheless, the remarkable matter is it is not an unknown concept in the Indian set-up.
v Political Interference
Police are frequently subject to interference from political parties. The requirement for getting anticipatory bail is hindered mostly since influential persons at times attempt to incriminate their adversaries in wrong accusations with the intention to disrespect them or for different reasons by making them confined in detention for several days. In current days, with the prominence of political enmity, this attitude is appearing like continuous rise. Other than false allegations, where there are justifiable factors for keeping that a person offender of an offence is absolutely not to abscond or then misapply his right during bail, due to political interference, involve him first to detain in custody, stay in jail for few days thereafter require for bail. Police answerability does not take into effect as nobody is really held liable. Level of sentencing the police officers for infringing basic rights is low and the observance of the legal provisions by the police can be assured as long as such perpetrators are punished.
v Public Distrust
Police responsibility is determined by the existence of various approaches of the public to register petitions against police officer for delinquency or severe accusations. In recommendations on police reform, the Second Administrative Reforms Commission and the Supreme Court[4] have remarked that there is necessity for an autonomous organization for getting petitions against the police. However filing complaint against the police is a strenuous, obscure method for citizens of the society. People also consider that police habitually makes trouble even those who aim to lend a hand to them; and whereas on the whole people did not consider that police are ineffective, they need a transformation in the manner of their work performance. Policemen, commonly, did not think that they are improper and condemned for imperfections and transgressions.
It is thus predictable that the police are usually identified, not as public companionable, custodian of people safety and supporters of the law and order. Besides, they are showing partiality between the downtrodden and fraudulent. Probably, in some areas disparity of power is in a society so apparent as in the manners and approaches of the police especially towards the marginalized groups of society. For such behavior, one of the main causes is failure of adequate training. In the course of their training they are educated the fundamental lectures of the all major Acts though they are not most likely educated to maintain well and kind behaviour with public. Sometimes, they are not instructed at the stage of their training that they are civic servants and intended for facilitating and serving the whole people. The outcome is that subsequent to training while police-forces are appointed on their jobs, they work like controller. That impression produces apparent impediments to maintain harmonious connections between police and public.
Conclusion & Suggestions
To solve these issues, several reformative measures required to be implemented:
The police strength need to be increased to fill the level of police staff for per lakh people. Appointment and development programmes should be prospered to uplift professionalism.
Sufficient materials for example latest modern arms, latest vehicles, and forensic devices, necessitated to be supplied for effective performance.
Crime investigation methods should be advanced to handle cybercrime and financial offences competently. Legislative provisions should limit unnecessary political interference upon the police personnel. Autonomous supervisory board should be set up to assure answerability of police.
Stringent anti-corruption actions are necessitated to be taken in accordance with principles of Supreme Court in the landmark cases. If arrest is necessary for the investigation, the suspect should be arrested or else on arrest should be made. Police must have justifiable reason on the basis of reliable details, not simple doubt.
Investigation methods required to be expedited and regularized. The state police should formulate uncomplicated procedures without detrimental to efficient investigation.
Attempts required to be done to separate the investigation of crimes on the basis of its gravity with the intention that even the subordinate level police officer can also take part in the investigation processes. Finally, reforms in the police system have to be evolved through technology and inspirational efforts.
References:
1. Dr. Justice AR. Lakshmanan, 203rd Report of Law Commission of India on ‘Anticipatory Bail’, 2007.
2. 239th Report of Law Commission of India on ‘Expeditious Investigation and Trial of Criminal Cases Against Influential Public Personalities’, Submitted to the Supreme Court of India in W P (C) NO. 341/2004, Virender Kumar Ohri Vs. Union of India & Others, 2012, P 1-35.
3. Justice Ritu Raj Awasthi, 282nd Report of Law Commission of India on “Amendment in Section 154 of the Code of Criminal Procedure for enabling online Registration of FIR” 2023, P 1-64.
4. Manual of National Human Rights Commission on “Human Rights for Police Officers”, (2011).
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[1] D.K.Basu Vs State of West Bengal AIR 1997 SC 610
[2] AIR 2014 SC 187
[3] Section 180 of Bharatiya Nagarik Suraksha Sanhita,2023.
[4] Prakash Singh vs. Union of India, (2006) 8 SCC 1