The Persistent Inquiry Conundrum: Understanding Legal Obligations and Police Actions in Delhi
Since my retirement from the judicial service, I've faced a challenging academic predicament in the classroom. Students cannot fathom why the Delhi police has not arrested accused Brij Bhushan Singh, who was booked under the POSCO Act despite allegations of sexual assaults and abuse. This article elucidates the theoretical aspects of law, highlighting legal obligations and the rationale behind the police's actions.
Theoretical Aspects of Law
Police are under a legal obligation to record a FIR upon receiving complaints of cognizable offenses. Recording an FIR is an essential duty, and omission to do so is illegal, often considered dereliction of duty. This obligation stems from Section 154 of the Code of Criminal Procedure (CrPC), which stipulates that the police must record any information about a cognizable case.
Sexual assaults and abuse are taken with extreme seriousness, as evidenced by the specific provisions of the Indian Penal Code (IPC). Sections 354, 354A, 354B, and 354C address different types of offenses against women, including sexual assault. Following the ‘Vishakha’ judgment of 1997, the Supreme Court directed the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, to further prevent such abuses.
The Role of the Police and Legal Authorities
The police cannot make an 'inquiry' before registering an FIR. The Code of Criminal Procedure (CrPC) clearly delineates the roles and responsibilities of each authority. According to Section 2g and 2h of the CrPC, an 'inquiry' is a formal process conducted by a Magistrate, while an 'investigation' is an active process carried out by the police. Therefore, the police can only conduct a full-fledged investigation after registering an FIR.
The solicitor general of India's statement before the Supreme Court that the police wanted to conduct an inquiry before registering an FIR is a clear contravention of legal principles. The police do not have the authority to inquire without proper registration, and any such action would be illegal.
The Consequences of Persistent Inquiry
Failure to properly register an FIR can have severe consequences, as demonstrated by the constant delay in justice for Brij Bhushan Singh. An ordinary citizen would have faced immediate arrest and would have been in custody for a considerable period, if not years. The commotion around this case has not only led to a delay but has also undermined the credibility and respect of the legal system in the eyes of the public.
Systemic Failure and Loss of Trust
The ongoing legal and procedural issues highlight a systemic failure in the administration of justice. From the bottom to the top, everyone is singing the same ominous tune. The loss of faith in legal institutions is a profound danger to civil society, indicating a highly degrading and dangerous symptom for society.
It is imperative to address these systemic issues and ensure that the legal process is transparent, fair, and efficient. Only then can we rebuild public trust and confidence in the legal system.