Police Behaving Customarily, Not Adapting Themselves With Change Of Time: Calcutta High Court Emphasizes Need For Training To Cops

The Calcutta High Court on Wednesday emphasised the need for relevant training to be imparted to police officers. Justice Tirthankar Ghosh expressed surprise at the fact that police in the state were behaving in a "customary manner" and not adapting themselves with the changing times.

The Court was dealing with a case of police inaction, brought by a litigant who claimed embezzlement of funds at a cooperative society. The petitioner claimed that when they discovered the documents which pointed to the embezzlement, she was assaulted.

Justice Ghosh noted that although the initial complaint filed before the police was of non-cognizable offences, the police drew up offences under the Indian Penal Code in the chargesheet, without taking leave from the Magistrate, who was in seisin of the matter.

"The police need training...why are you doing this [Sections] 323 and 506 IPC, why are you drawing up IPC proceedings? How can you do that? You need the permission of the court. How can you use the FIR like that? Sections 126, 107 I am not saying anything. But a non-cognizable offence, they need training. They are behaving customarily, not adapting themselves with the change of time. I am not going to keep this in the record of the court. Doing this means you are doing it in your private capacity, you are detecting an offence. Once you are detecting an offence you must [go before the magistrate.] Or you don't do anything, that is easier," the court orally remarked.

"This system of non-cognizable FIR has been happening since British times, and they are still copying it," the Court added.

Accordingly, the court noted that while the police had treated the complaint as non-cognizable, no FIR had been registered. It thus directed the magistrate to adjudicate the issue in accordance with law.

Case: MADHUMITA BIBI VS THE STATE OF WEST BENGAL AND ORS.

Case No: WPA/26197/2024

Citation: 2024 LiveLaw (Cal) 265