Starting October 3, 2018 The Morung Express is publishing a series, “101 Things You Wanted To Ask About the Police but Were Too Afraid To Ask,*” an easy guidebook published by the Commonwealth Human Rights Initiative (CHRI) on knowing the police better. The questions from 96-101 conclude the series.
Can the police do their jobs of arresting the guilty with so many restrictions?
First of all, it is not the job of the police to decide who is guilty or who is not. The police are only to apprehend suspects and accused people. But they cannot behave as if the person is already guilty and they have the right to punish them. That is a job for the courts. Meanwhile, people in custody must be given every protection from false accusations and mistreatment. That is why the 'restrictions' are there. Actually they are not restrictions at all but proper and just procedures designed to make sure that everyone has a fair chance before the courts.
But aren't there too many rights for the accused person? What about the victims?
A lot of people think that no one is looking after the victim. But actually the whole might of the state is behind the victim. It is on behalf of victims that the state goes about looking for the criminal. It is on behalf of the victims that the state appoints a prosecutor to argue before the court. It is on behalf of the victim that the state punishes the guilty.
But the accused stands alone. He may not be guilty at all. So to balance out the power of the state against one individual who has to defend himself the law has created safeguards and given facilities like free legal aid to those who cannot afford it.
Can I get bail from the police?
It depends. If you have been arrested for a bailable offence then you can get bail from the police. If you are arrested for a non-bailable offence, there are only some offences for which an Officer-in-Charge of a police station can release you on bail.
Is it important to know what a 'bailable' offence is and what a 'non-bailable' offence is?
Yes. Bailable offences are less serious offences in which bail is a right. In such cases you must get bail immediately from the police. Non-bailable offences are serious offences where bail is a privilege. For most of these offences, only the courts can grant bail save a few exceptions where even the police can grant bail.
Is it impossible to get bail if I am accused of a non-bailable offence?
No, not necessarily. You can get bail even for non-bailable offences. You have to make an application for bail before the court. The court will look at the seriousness of the offence, whether you will run away if released on bail or whether you will threaten witnesses or tamper with the evidence. If the court feels that you will not do any of the above then it will grant you bail.
asDoes that mean I am now free?
No. You will still have to face a trial, during which time the court will decide whether you are guilty or innocent.
(Concluded)
Source: *Written by Navaz Kotwal and Maja Daruwal, the contents of the book are reproduced here with permission.
To know more about CHRI visit:
http://www.humanrightsinitiative.org
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