DailyPost 1614
THE SECTIONS OF LAW!
Section/s of law sounds very innocuous, it gives a feeling to the novice that it is as structured like an assembly line SOP, its application is a matter of routine and for sure this can never be an area of controversy. History has proven it otherwise. Who decides the sections of law and beyond the sections of law which Acts should be vociferously used? Some Acts get completely forgotten, as if it never existed and so also the offences, which it was meant to legally handle. But such offences in reality might remain to be rampant. Reckless application of some sections in the concerned Acts have even lead to the repealing of the Act, TADA is case in point.
Justice should seem to be done, besides being actually done. The battle of justice does not start with the case coming up for trial, the battle begins with the registration of the case and application of the supposedly right sections of the law. Notwithstanding the fact that registration of a case can be a mental trauma, the application of sections of law on whims and fancies can be termed only as a disaster. The beauty is that it impacts every stakeholder in a negative manner – the accused, the victim, the credibility of the Police, the prosecution which defends and finally the govt under whose behest it happens by design or default or by vicarious liability.
Justice is the 360 degrees game and no pillar of the criminal justice system can put its responsibility on the other. The whole argument of proving the defence in the court of law is a completely flawed argument. It has no roots in jurisprudence but it has been practiced since time the laws and police came into existence. The application of sections of law generally, if properly done, would lead to investigation being on the right track and henceforth, till the final conviction. This is the bedrock. If you find that there no evidence, the appropriate section can just be dropped. We cannot desperately keep searching for evidence, where it does not exist. The conviction rates speak the true story.
It’s like an expert doctor failing to discern the basic symptoms of an illness. Legal precision, professional integrity and complete accountability are the non-negotiable. Strictures by courts of laws are not just meant for TV debates, it is an indictment of the Police. Being lax on a routine duty in a uniformed job warrants disciplinary action, then what should this warrant? The ultimate power of invoking the criminal law into action is the legal duty of the Police and application of wrong sections of law is its ultimate travesty. What we imagine as the worst repercussions of such application of law, would be minuscule compared to the real damage. The first step is the most important step, let it not be a travesty of justice.
SECTION OF LAW DEBATE IS AT THE INTERSECTION OF SOCIETY AND THE LAW.