EXPLORING INVESTIGATIVE PROCESSES: A COMPARATIVE STUDY OF LEGAL LIMITATIONS IN INDIA AND INTERNATIONAL CONTEXTS
DOI:
https://doi.org/10.29121/shodhkosh.v4.i2.2023.4227Keywords:
Investigations, Transparency, Forensic Evidence, Judicial Oversight and Technological AdvancementsAbstract [English]
The article Exploring Investigative Processes: A Comparative Study of Legal Limitations in India and International Contexts, looks at how law enforcement responds to major crimes, focusing on the legal powers, obstacles, and innovations in technology that impact these investigations. It highlights issues related to witness intimidation and procedural delays, seeking for transparency using openness procedures such as face cameras. This research highlights the need for carrying out comprehensive and unbiased investigations—including evidence collection, witness interviews, and forensic analysis—to avoid convictions of justice. The article, which explores the responsibilities of law enforcement, forensic experts, and the judiciary, as well as establishing advancements in technology and data privacy, advocates for increased transparency and efficiency in order to maintain public trust in the judicial system. The criminal justice system's cornerstone is the investigative process, which determines how court cases progress. Investigations are used to determine facts, collect evidence, and provide the groundwork for judicial and prosecution measures. However, legal restrictions frequently make investigation procedures less effective. This article focuses at these restrictions in the Indian context and compares them to global standards in order to find areas that might use modification.
References
Doyle, C. (2020). The Impact of Technology on Criminal Investigations. Police Practice and Research, 21(4), 377-390.
Retrieved From: https://scholarlycommons.law.northwestern.edu/cgi/iewcontent.cgi?article= 5508&context=jclc and Accessed on Oct 13, 2024 at 9:30pm.
Sharma, R. (2015). *Ancient Indian Legal Traditions and the Dharmashastra. Indian Journal of Legal Studies, 23(2), 45-58.and Accessed on Oct 14, 2024 at 1:30pm.
Indian Penal Code (IPC): Indian Penal Code, 1860; Criminal Procedure Code, 1973, this code formed the foundation of criminal law in India, defining various crimes and their punishments.
Reddy, S. (2013). Historical Development of the CBI in India. Journal of Criminal Law and Criminology.
Scheck, B., Neufeld, P. J., & Dwyer, J. (2000). Actual Innocence: Five Days to Execution, and Other Dispatches from the Wrongly Convicted. New York: Doubleday.
Retrieved From :http://www.indiacode.nic.in/bitstream/123456789/1993/1/ The_Code_of_Criminal_Procedure%2C_1973.pdf (Accessed: October 14, 2024).
Maneka Gandhi v. Union of India, AIR 1978 SC 597. This landmark Supreme Court judgment reinforced the protection of individual rights and emphasized the need for accountability and transparency in investigations. Available at: https://indiankanoon.org/doc/660160/ (Accessed: October 14, 2024).
Information Technology Act, 2000; General Data Protection Regulation (GDPR), 2018. These pieces of legislation address issues related to digital evidence and data privacy, reflecting the evolving nature of investigations in the digital age. Available at: https://www.meity.gov.in/content/information-technology-act-2000 (Accessed: October 14, 2024) and https://gdpr.eu/ (Accessed: October 14, 2024).
Constitution of India, Article 14, 21 & 20(3).
Criminal Procedure Code (CrPC), Section 154, 161,164 & 173.
National Human Rights Commission Act, 1993 & Police Act, 1861, and subsequent amendments.
Supreme Court of India, Puttaswamy vs. Union of India, (2017) 10 SCC 1.
Doyle, C. (2020). The Impact of Technology on Criminal Investigations. Police Practice and Research, 21(4), 377-390.
Journal of Criminal Law and Criminology," [Online]. Available: https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5508&context=jclc. [Accessed 13 Oct, 2024].
Indian Penal Code (IPC): Enacted in 1860, this code formed the foundation of criminal law in India, defining various crimes and their punishments.
Bhattacharya, ""Forensic Science in India: The Current State and Future Directions." Forensic Science International.," (2018).
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Copyright (c) 2023 Janmejay Singh, Dr. Taru Mishra
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