Rule of law road map by dg kpja

1. Rule of Law Road Map
Comments of the KP Judiciary

2. Registration of FIR
 Draft Recommendations
 Sec 154 be amended to provide room for inquiry before
the registration (NACTA)
 Reservations
 This will render FIR redundant

3. Section 154-A
 Be inserted enabling the SHO to treat information
received through any means as a complaint &
conduct a preliminary enquiry
 Reservations:
 Purpose/objective of FIR will be defeated, which is that
any information, whatsoever and by whomsoever, if about
cognizable offence, be registered as FIR.

4. Arrest
 Draft Recommendation
 Should only be made when sufficient evidence available
and for that law should be amended (NACTA)
 Reservation:
 Law is already there
 Otherwise cognizable and non-cognizable regime needs
o be revisited.

5. Physical Remand
 Suggestion
 Interrogation without arrest be encouraged and for that
police rules need amendments.

6. Challan
 Draft Recommendation:
 Time be extended
 Suggestion/Reservation:
 In days after arrest

7. Confession
 Recommendation
 Admissibility before Police
 Reservation:
 Needs consideration keeping in view the very object if
Section 164, 364 CrPC

8. Suggestions
 Law be amended to include the following
 Police access to phone records, GPS, Geo fencing data needs
consideration
 Witness protection programs
 Physical security
 Relocation and financial assistance
 Admissibility of Forensic Evidence
 Recording of court proceedings
 Mandatory collation of forensics evidence by Police
 Bail provisions need amendments to introduce more bailable regime.
 Exemption of accused from personal appearance.
 Role of prosecution needs further exploration as for as overseeing of
investigation is concern.
 Process of cancellation of FIR should be simplified