Principled Criminalisation, The Police as Central to Responsible Justice

Principled Criminalisation, The Police as Central to Responsible Justice

Why in News?

A recent Supreme Court ruling in the Imran Pratapgarhi vs State of Gujarat case has sparked discussion on principled criminalisation, highlighting the importance of procedural law and the role of the police in controlling misuse of criminal law. The verdict reminds us that the legitimacy of the criminal justice system depends not just on what acts are criminalised, but also how state power is exercised responsibly—particularly by police authorities.

Introduction

In criminal law, procedural rules often get overshadowed by discussions on substantive laws—what crimes are and the punishments they carry. However, it is procedural law that controls how power is exercised, especially by the police, when dealing with criminal behaviour. The recent Supreme Court judgment sheds light on the responsibilities of the police and the dangers of overreach, especially in a democratic setup where freedom of speech and expression must be safeguarded.

Key Issues and Background

1. Definition of Principled Criminalisation

   • Criminalisation must not be arbitrary; it should be based on principles that ensure only harmful and morally blameworthy conduct is punished.

   • Legal philosopher Victor Tadros argues that the power to criminalise is part of a broader authority to publicly condemn and punish wrongful conduct.

2. Criminalisation and Procedural Law

   • The Bharatiya Nyaya Sanhita (BNS), India’s new criminal code, links criminalisation to both substantive and procedural principles.

   • Even when laws are framed with pragmatic goals, procedural justice ensures they are enforced fairly and proportionally.

3. The Role of Police as Central

   • The police spearhead the process of criminalisation: from registering and investigating crime to arresting suspects.

   • Thus, how police use their discretionary authority—what cases they investigate or ignore—shapes how criminal law operates on the ground.

4. Misuse of Criminal Law: The Imran Pratapgarhi Case

   • In this case, a police officer registered an FIR against a Rajya Sabha MP for posting a poem, allegedly inflammatory, on social media.

   • The Court ruled the police failed to conduct a mandatory preliminary inquiry under Section 173(3) of BNS before registering the FIR.

5. Significance of Section 173(3), BNS

   • This section allows officers to conduct a preliminary inquiry before registering an FIR for offences punishable with 3-7 years.

   • This prevents misuse of power and protects citizens from frivolous or politically motivated criminal cases.

Five Key Takeaways

1. Procedural law is just as critical as substantive law in safeguarding justice.

2. Principled criminalisation ensures only harmful and blameworthy conduct is punished.

3. Police discretion plays a pivotal role in how criminal laws are applied in real-life situations.

4. The Supreme Court ruling in Imran Pratapgarhi’s case reasserts the need for due process and curbs arbitrary FIRs.

5. Responsible policing and legal accountability are essential for maintaining the public’s trust in the justice system.

Challenges and the Way Forward

Challenges:

• Overcriminalisation of non-serious offences.

• Lack of police accountability in cases of procedural violations.

• Political misuse of police discretion.

• Limited public awareness about procedural protections.

• Delays in justice caused by procedural loopholes.

Way Forward:

• Train police officers in procedural fairness and constitutional values.

• Make preliminary inquiries mandatory and transparent in applicable cases.

• Encourage judicial oversight on FIR registrations in sensitive matters.

• Reform police laws to clearly define discretionary powers.

• Promote public legal education on the rights and limits of criminal investigation.

Conclusion

The Supreme Court’s message is clear: criminal justice must not be a tool of harassment or political retaliation. True justice requires more than identifying crimes—it requires that power is exercised responsibly. Unless the police and prosecuting authorities are guided by principled criminalisation and held accountable for their conduct, the vision of a fair and free society will remain incomplete.

Q&A Section

1. What is meant by ‘principled criminalisation’?
It refers to the idea that only morally wrongful and socially harmful behaviours should be criminalised, and this must be done based on clear legal principles.

2. Why is procedural law important in criminal justice?
Procedural law ensures fairness in the process of investigation, arrest, and trial. It controls how and when state power is exercised.

3. What was the issue in the Imran Pratapgarhi case?
The police filed an FIR against a Member of Parliament without conducting a preliminary inquiry, violating Section 173(3) of the BNS.

4. What does Section 173(3) of BNS mandate?
It allows police to delay FIR registration for certain mid-level offences until a 14-day preliminary inquiry is conducted to confirm a case.

5. How does the ruling affect police powers?
It emphasizes that police discretion must be guided by the law, and overreach can be checked through judicial interpretation and procedural safeguards.