Filling the Gap: Investigation-Conviction An analysis of Criminal Investigation system in India

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Criminal Judicial system of any country more or less is dependent on the investigation report which have direct link with crime conviction ratio. There may be various reasons for poor conviction ratio like shortage of police force, delayed reporting of the cases, long judicial trial, unavailability of evidence etc. The last one is directly related with the investigation. However, there may be various reasons for non availability of evidence, because evidence includes both oral and documentary evidence. In regard to oral evidence there are two types of evidence first the statement of accused himself and second one is the statements of witnesses.  Right to remain silent is major hurdle in respect to statement of accused and on other side lackness of administrative or judicial support in regard to other witnesses. So basically the police have to depend on other sources of evidence which are generally collected from crime scene. Selection and collection of evidence are two different things, first is decided on the basis of knowledge of substantive law but second requires practical knowledge. Analysis of the police recruitment system in India reveals that there is no basic requirement of scientific/practical knowledge in police appointment. Generally evidence is collected by untrained junior investigating officers who cause damage of evidence or minimize its evidentiary vale because of various scientific reasons.
The application of science and technology to the detection and investigation is not new in India. In Kautilya’S Arthshastra we find the mention of study of various patterns of papillary lines which is somehow linked with persistency and individuality of fingerprints. The fingerprint was in general use of as signature which was considered as substantive piece of evidence especially in civil matter. Crime record is increasing day by day and same time conviction ratio is stable.  Our investigators are lagging much behind because they took good amount of time to solve the case. Reason for this may be many like defective recruitment process, shortage of skilled investigating officers, shortage of regular training workshop etc.
This research paper elucidates the lacunas in the present Crime investigating and for this purpose case examples will be adduced in order to give different picture of failure and loop holes in the investigation system in India. The author mainly deals with reason for unskilled and unscientific investigation, consequences of such unskilled and unscientific investigation, forensic tools available for the investigation purposes.
Key words: Investigation, Forensic science, Scientific investigation, Evidence.


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