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There was an article in Times of India about five retired
IPS officers publishing a booklet titled "Recommendations to speed up police
investigations and court trials.'' You can read this article at:
I am wondering if we could get a hold of this report somehow. Does anyone
have any contacts in India to accomplish something like this? One of the
things the officers recommended was to get rid of the "anticipatory bail"
thing, which apparently doesn't exist in any other country. I believe such
experienced people could be of great help in taking our discussions forward.
ps: I am reproducing the article below for your convenience
Ex-IPS officers suggest ways to speed up police investigations
By Olav Albuquerque
MUMBAI: Five retired Indian Police Service (IPS) officers
have recommended that panchanamas should be done away
with when the police visit the scene of a crime to speed up
``The investigating officer should make a careful note, on
his own, which is to be later entered into the case diary of
that day, of what he saw at the scene of the crime. He
should make good use of a camera to pick up all the salient
facts and clues which he has observed there,'' these IPS
officers have stated in their booklet titled
``Recommendations to speed up police investigations and
court trials.'' Copies of this booklet have been sent to all the
state governments in the country including the Central
according to Mr S.P. Karnik, one of the
authors of the booklet.
The five former IPS officers who have jointly authored this
26-page-booklet are V.G. Kanetkar, former director
general of the Central reserve Police Force (CRPF), Mr S.P.
Karnik, former additional secretary in the cabinet
secretariat at New Delhi, Mr Mohan Katre,former director
of the Central Bureau of Investigation (CBI), Mr V.G.
Vaidya, former director of the Intelligence Bureau and Mr
B.J. Misar, former principal secretary in the home
department of the Maharashtra government.
These IPS men have asked why it takes such a long time for
the police to complete investigations of serious crimes and
why after that the courts take longer time to decide cases
sent to them for trial. ``After asking myself why persons
like me who had long spells in the higher rungs of the
police department should not put our heads together and
propose steps to ease the situation,''Mr Kanetkar has
written in a preface to the booklet.
These IPS men held 43 weekly meetings during which they
divided the problem into five issues:
**Can the burden on the police be reduced by rationalising
certain laws to give them more time to concentrate on
serious and violent crimes such as terrorist activities ?
**How can trials in law courts be speeded up ?
**How can police investigations be expedited ?
**Can the list of punishments (as prescribed by the IPC) be
fortified to enhance their deterrence ?
**Are any changes necessary in the existing provisions
regarding appeals to higher courts ?
Among the recommendations suggested by these senior
police officers is that tape recorders should be used to
record testimonies of important witnesses. Confessions of
accused persons should be recorded, the booklet states.
Pointing out that the literacy level had risen considerably
during the last 23 years, the police officers have stated that
the recommendations of the Law Commission in its 14th,
41st and 48th reports should now be implemented.
In its reports, the Law Commission had stated that
witnesses' statements should be signed specially when they
are literate. ``This will combat the tendency of witnesses to
turn hostile during a trial,'' the IPS men have observed.
``The Joint Select Committee of Parliament had deleted this
provision saying the time was still not ripe to introduce this
radical change,'' the police officers have said.
They have pointed out that by not obtaining witnesses'
signatures, unscrupulous police officers can dilute the
evidentiary value of key witnesses by omitting certain vital
facts which has been stated, thereby favouring accused
persons. On the other hand, countries like Malaysia and
Singapore which have had a tradition of following the older
1908 version of the Criminal Procedure Code have now
made it obligatory for witnesses to sign their statements.
The five police officers have pointed out that provisions for
granting anticipatory bail do not exist in the U.S.A. or U.K.
or as far as their experience goes, anywhere else in the
world. ``Section 438 of the CrPC which was introduced by
the Law Commission in its 41st report should be deleted
from the Code. This is necessary because when anticipatory
bail is granted, the psychological impact of arrest and
interrogation in police custody is lost. This hampers the
investigating officer from interrogating the accused person
in isolation,'' the IPS men have observed.