Current Scenario> Problems in Police Force> Design defects in Indian Police System>

Collaboration between the police and the prosecutor

Article 50 of the Indian Constitution provides the provision of separation between the judiciary and the executive. A clear separation between the both entered into effect after the amendment of the Code of Criminal Procedure in 1974. However, the separation between the police and the prosecutor was taken to such an extent that there is hardly any cooperation between the two. Consequently there is no legal guidance during police investigations, which increase the risk of fragmented cases. Currently the prosecutor will only be involved after the police have filed the charge sheet.

At the same time the prosecutors too are largely opposed to undue political interference. Both investigation and prosecution, which ought to be quasi-judicial functions, are largely driven by subjective political influences.

Therefore this report suggests increased cooperation between the police force and the prosecution as well as an independent prosecution wing.