The Supreme Court outlined the guidelines for police inquiries into major and non-serious offenses in January 2025. The Court emphasized the need of protections for non-cognizable offenses by making a distinction between cognizable and non-cognizable offenses. A case involving accusations made against an appellant under certain provisions of the Indian Penal Code (IPC) gave rise to this decision.
Cognizable vs Non-Cognizable Offences in India
• Cognizable offences allow police to initiate investigations without prior approval.
• Non-cognizable offences require a magistrate's order before police can act.
Legal Safeguards for Non-Cognizable Offences
• Non-cognizable offences have built-in safeguards to prevent immediate use of police powers.
• Investigations must be vetted by a legally trained individual in the presence of a Judicial Magistrate.
Role of Public Servants
• For non-cognizable offences involving public servants, a complaint must originate from the affected public servant.
• Section 195 of the Criminal Procedure Code mandates cognizance of certain offences be taken based on a complaint from a public servant.
Implications of the Ruling
• The ruling emphasizes the need for judicial oversight and proper legal channels before police can act.
Month: Current Affairs - January 07, 2025
Category: Reports & Indexes Current Affairs