Understanding Criminal Law
Substantive law defines what actions are crimes and what punishments they carry.
Procedural law explains how crimes are handled — like arrest, investigation, and trial.
Although procedural law seems less dramatic, it’s essential because it guides how justice is actually delivered.
Importance of Procedural Law
The power to criminalise (label an act as a crime) must be used carefully and justly.
Procedural rules ensure this power is used fairly, avoiding misuse or overreach.
A fair process is as important as deciding what should or shouldn’t be a crime.
Role of the Police
Police play a central role in the criminal justice process — they investigate, arrest, and file cases.
They have a lot of discretion, which can lead to problems like focusing on minor issues while ignoring serious ones.
Section 173(3) of the BNSS gives police a 14-day period to do a preliminary check before registering an FIR in certain cases — this helps avoid unnecessary cases.
Supreme Court Case Example
In Imran Pratapgarhi vs State of Gujarat, the Court said police should have done a preliminary check before registering an FIR.
The case involved a social media post, and the Court ruled that police violated procedure by not following Section 173(3).
The judgment stressed that police must respect procedural law, especially in cases involving free speech.
Conclusion
For justice to be real, both what the law says (substantive) and how it's applied (procedural) must be fair.
Police must follow procedures responsibly to avoid misuse of power and ensure justice.
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