Crime against an innocent law- abiding person is a crime against the society and it is the duty of the State or the Government to prevent and remedy the same by appropriate punishment administered to the culprit. While all this is true in principle and theory, criminal justice in heavily populated nation such as India works much differently. For a variety of reasons, the law enforcement agencies are not too keen to register a crime which they can well avoid. There is also undue and heavy pressure on law enforcement agencies to register or not register a case or register in a particular way from the politicians and people in position of power and influence. Rampant corruption also contributes in a big way in law enforcement agencies acting different from the path of justice, equity and legality. While it is the solemn duty of the police and law enforcement agencies to act as per provisions of law, whether or not, a victim has any knowledge of the working of criminal justice procedures and systems. It is mostly beyond the capacity of the victim of a crime to get these agencies to work in an appropriate way. Basic knowledge of criminal justice system is essential for every citizen in his own interest.
Vintage of Man-made Criminal Law equates with birth of the second homo sapiens. First human being might not have needed a code of conduct. His only interaction was with nature which would have responded with its own certain and definite ways and still continue to do today. Man-made criminal law is a system which is meant to operate on the human beings alone.
Only human beings hold two major rights- right to life, liberty and right to acquire, hold property. The entire criminal justice system works only to defend the two. But this is a very exhaustive task and not simple at that. In India, police is the first and foremost trustee on the ground to defend and protect the life and property of the subjects. In complex and diverse societies such as India, plice is often misused
How to Seek Remedy Against a Crime
Indian Penal Code (IPC) covers the substantial provisions and the Criminal Procedure Code (Cr PC) its implementation mechanism. IPC divides the criminal acts into various sub categories. We find a few such sub categories relevant and essential for readers of this web site. Please click on the link Indian Penal Code to see what acts would constitute an offence.Common offences against the human body and property amongst others can be found listed under the similar headings on the said Indian Penal Code link.
If anyone feels that someone has caused any harm to one’s persona or property wrongfully the criminal justice system could be activated at appropriate time. In India, the first and simplest provision for setting the criminal justice system into motion is Section-154 of the Code of Criminal Procedure (Cr.PC). We are stating the succeeding lines to make our readers understand that any aspect affecting life, well- being of human body or property of any human being or collection of human beings would be covered under the criminal justice system.
The aggrieved person has two remedies. Either he can lodge an FIR with the police or file a complaint with the criminal court. In case of police complaint, if police till the SHO level refuses to lodge an FIR or take appropriate action then complainant can forward the same in writing by post to the Superintendent of Police. If no action is still taken then the complainant can approach the court urging them to direct the police to investigate the matter. This is a different remedy than directly approaching the court. In the second remedy court can be approached directly and in the first remedy, court is approached after a complaint has been made to the police authorities and no appropriate action has been taken by them.A suggested format for filing police complaint is given on the button “How to Prepare a Police Complaint.