Separation of Law & Order and Investigation: Impact and Implications

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Separation of Law &
Order and Investigation:
Impact and Implications
Dr. Sanjukta Parasor, IPS
SDPO (Rangia), Dist: Kamrup
Assam-Meghalaya Cadre
Law Enforcement includes two
extensive tasks:
z
Prevention and Detection of crime and
z
z
z
z
crime investigation,
detection and
prevention.
Maintenance of Public Peace and Order
z
z
z
z
z
VIP security,
crowd control,
route-lining,
area-sanitization and
the general regularization and implementation of the
laws in the society.
ANALYSIS OF 3 POLICE
STATIONS IN GUWAHATI
CITY WITH MAXIMUM L&0
DUTIES
Force Disposition at the PS:
Name of
PS
Dispur
Inspector
SI ASI
Constable
7
Head
Constable
7
1
9
Latasil
-
2
2
1
8
Azara
-
2
1
1
8
47
Crime Facts:
Name of
PS
Number of
Law and
Order
duties
(mandays)
Number of
cases
registered
Number of
cases FF
in CS
Number of
cases FF in
FR
Dispur
813
1687
258
610
Latasil
730
185
33
92
Azara
143
184
33
30
FACTORS AFFECTING QUALITY
OF INVESTIGATION IN INDIA:
z
LOW RATE OF CONVICTION
z
HIGH INCIDENCE OF LAW & ORDER
DUTIES
z
SMALL NUMBER OF INVESTIGATORS
SUGGESTIONS BY VARIOUS
BODIES:
z
At Police Station level in all urban areas
z
An Additional SP (Crime) is to be posted in
each district
z
Logistical and technological support to
investigators
z
Experienced, dedicated, specially selected
and trained staff for different crimes
ADVANTAGES OF SEPARATING
INVESTIGATION FROM L&O
DUTIES:
z
Police under the safety net of the
judiciary
z
Greater scrutiny and supervision by
the magistracy and public prosecutors
z
Increase conviction rates
z
Speedy and thorough investigation
z
Increase expertise in prevention and
detection of crime.
z
Better rapport with people
z
An overall increase in staff at Police
Station levels.
z
Pave the way for a federal agency for
investigation
DETRACTIONS OF SEPARATION
OF INVESTIGATION FROM L&O
DUTIES:
It is wrong for police officers to see
themselves as crime fighters first and
foremost, and hence regard all other
work as a distraction from their primary
duty.
Emphasis On Training
z Responsibility For Conviction
z Psychological And Technical Factors
z L&O Duties Increase Interaction With
Public
z
z L&O
Disturbances Do Not Occur
Everywhere
Opposite Demands By Countries With
Separation Of Both Functions
z Separate Federal Investigative Agency
Not Required
z
Grey areas of concern:
z
The society places many
responsibilities on the police
personnel.
z
In the long run it might lead to
compartmentalization of the
organizations, which is harmful
because it will lead to problems of coordination.
z
The Officer in Charge of the Police
Station can’t be a specialist. He has to
know all the various aspects of
policing.
z
It is not acceptable if the district SP
doesn’t know how to handle all the
work he is expected to. How can then it
be possible that separation of law and
order and investigation functions be
made.
z
The best possible solution is to
separate the two functions on a
rotation basis only in the busiest police
stations.
THANK YOU
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