The principles of the police interrogation and the human rights

INTRODUCTION The police as an organization evolved in England in 1800s. Before this development, the work of police was voluntary. The term “Police” is not defined in any law of India. By general notions, police can be defined as an organization responsible for maintaining law and order in the society with the backing of the government. In a situation of grave emergency where rights of a person are violated, the person should fall back on police. Police act, 1881 is the main law that governs the police department. There are other laws to govern police as well. Sometimes, the backing of the govt. makes police ignorant and they tend to violate the human and fundamental rights. Rights which are very basic in nature and belong to every single person in the world since birth can be termed as Human Rights. These rights include right to life, liberty, freedom and many other things. Fundamentals rights are those rights that can’t be taken away by the state and is protected by the constitution of India. Fundamental rights are covered in article 12- 35 of Indian Constitution. Interrogation is a process by which police or other law enforcement agencies obtain useful information by questioning an accused. The confessions made while being in police custody is not admissible in court of law. Police uses different methods to get information. PRINCIPLES OF POLICE INTERROGATION There are no specific principles of interrogation but as police works under state, it can’t take away any human and fundamental right. There are certain things which the police need to take care of. Some of these principles are as follows: - 1.Originating from Article 3 of Universal declaration of Human Rights, people have the right to life. This is also mentioned in article 21 of Indian Constitution. Police can’t take these rights from the accused. 2.An accused undergoing interrogation must not be tortured or any punishments which take his/her basic rights. 3.Fundamental right of equality and equal protection of law must not be taken from the accused. This is mentioned in article 14 of the Indian constitution. 4.Standard method has to be followed by taking care of due process established by law. RIGHTS OF THE ACCUSED DURING INTERROGATION There are several rights that have been given to an accused for his protection. Some of the rights are discussed below: - 1.An accused in India is assumed to be innocent. He can be said guilty only after being proven guilty. The prosecution and police are responsible for proving that accused is guilty. 2.The accused can keep silent to any question asked if that statement can prove of his guilt or felony. It is mentioned in section 161(1) of CrPC. 3.Section 316 of CrPC says that police cannot threaten or force the accused to make confessions. 4.If the police cause any damage to the accused during interrogation, police might be suspended under disciplinary measures. 5. It’s not mandatory for an accuse to be taken into custody for interrogation. A normal cross-examination of facts can happen. The accused is taken into custody only when police is satisfied of his involvement in crime. 6.The accused can know the reasons for his arrest and consult lawyer for the same. It is mentioned in article 22 of Indian constitution. ETHICS OF POLICE INTERROGATION These ethics are based on concerns and rights of these three gatherings: - 1.Community 2.Interrogators 3.Suspects Members having political background have rights to security and justice. They have responsibility to work towards both of them. Common people can fulfill this duty by supporting organizations designed to foster security and justice. Then their responsibility merges with the law professionals to provide justice and security. It’s not morally correct to use methods which are ineffective or almost ineffective of pursuing justice and security. So, it’s not correct for the state agents to use methods like this. These methods might lead to the failure of their duties and harming the suspect. The interrogators should not be forced to do what a private individual may not be willing to do. Doing immoral acts in the interrogation booth might lead to several complications in the agents’ psyches. These interrogators are not disposable and should be taken care off. The rights of the suspects must be taken care off during interrogation. People have the right to refuse to answer which might lead to the loss of reputation or any other thing to protect their autonomy. People do not have the right to conceal information if they committed any crime. Even then, interrogator cannot assume that the suspect is hiding information. There’s always a possibility of accused being innocent so state cannot infringe their rights. CONCLUSION Police is the most reliable organization that works towards the maintenance of law and order in the society. This department aims to provide security to people. Sometimes, due to overwhelming trust of the people and govt. support put on the department, police tend to violate human rights of the accused or suspects. Now a day, this department might not stand to its aims and the basic principles of its foundation. Corruption might have entered into the department. Various police reforms must be taken into consideration and it has to be quick. Authored by Anurag Pandey

The principles of the police interrogation and the human rights