Report No. 154
Issue No. 1-Role of Investigating Agency
Views of Judges
Out of thirteen judges, eight are of the view that a separate investigating agency should be appointed for all sessions cases/murder cases etc. They should be given intensive training in the investigation of grave crimes, knowledge of law, forensic science etc. Their pay scale may be more than the other police agency. Such agency be headed in every district by an officer of I.P.S. One judge is satisfied with the existing provisions of the Code and four have not either touched upon or clearly expressed their views.
One has opted for 'no comment'. Out of forty-five judicial officers, thirty-four agree with the proposal of the Law Commission. However, some of them have also suggested to take the help of expert legal advisors by the investigating agency. Eight officers have not responded clearly and are silent on the issue. One officer did not agree with the suggestion. The Institute of Judicial Training & Research (U.P.) Lucknow has responded in the affirmative.
Views of Advocates /Public Prosecutors/Bar Associations
Eight Advocates/Prosecutors have suggested to entrust investigations to a separate police agency which should be separated from the regular police entrusted with law and order functions. However, as per Mr. K.F. Rustamji there is no need to have a separate investigating agency exclusively to investigate conventional crime, even if it is grave crime except specialized offences like economic offences.
According to two advocates, it will not be advisable to create a separate cadre because maintenance of law and order and investigation of a case are interlinked. Further, one advocate is silent on the issue. The Madras Bar Association has responded in the affirmative.
Views of Academicians
According to Dr. K.N. Chandrasekharan Pillai, the police department can create one branch consisting of only graduates/post-graduates for criminal investigation. There are many special branches in various states which are preferred to General grades of police for crime investigation. The other academicians did not offer their views on the issue.
Views of Police Officers
Two police officers have supported the issue raised by Law Commission and suggested the proposal needs to be considered at the earliest. However, two have not responded to the issue.
Views of the State Law Commission
The Himachal Pradesh Law Commission has responded in affirmative. The Madras State Law Commission has informed that a detailed note will be sent shortly, however, it has not responded to any issue/Question of Law Commission of India.
Views of State Governments
Only the Government of Gujarat has responded and it has agreed with the suggestion of the Law Commission of India. The Government of Karnataka has forwarded a note on "the structure of the system of Directorate of Prosecutions and Prosecuting Agencies in practice in Karnataka" which relates to the Issue Number 3. However, it has not responded to any other issue/Question of Law Commission of India.