by Police - Bureau of Police Research and Development

Abjure Third DegreeThe Indian Police JournalAbout a decade back, a batch of IPS probationers allotted to Orissa,came to call on me. I had already retired as DG Police and joined theOrissa Public Service Commission as Member. I gave them a longlecture on the evils of third degree as I had done throughout my 36years of service. At the end of my talk, a lady probationer, barely outof a premier University, where she was doing her Ph.D., asked mequite innocently, “Sir, how else do we conduct investigation?” Thebatch had come from the National Police Academy for what theyIt appeared the purpose of the course had been fully served. A fewenlightening days in the Police Stations earned them the wisdom thatendless debates in the classroom of the NPA had failed to do. Howto conduct investigation without using third degree? One may talk ofbut the essence of investigation lies in third degree. How does it matterif it does not have the sanction of law? After all, you are charged withthe responsibility of protecting the society from the depredations of thecriminals. If you are required to break the law technically to dischargethis duty, you commit no wrong, for your intention is sublime. And thelaw decrees there is no crime without mens rea.I have always wondered how so well educated a service as the IPS hasfallen a prey to this delusion. There is a genuine apprehension amongthe top brass of the police that criminals cannot be controlled withoutuse of torture. It is fear of instant physical pain that deters the criminalfrom committing crime. It is again the same fear that makes themconfess crimes committed by them. There will be utter lawlessnessand chaos in the society if police fails to create a sense of fear in theminds of the lawbreakers. My answer to them has always been that itpersons confess to crime under duress giving imaginary stories thatderail the investigation. Criminals are clever enough to make falseconfession as they know that it has no evidentiary value. Acceptingfor argument sake that torture might sometime extract truth and helphappens to the oath taken by you to uphold the Constitution and theRule of Law? How do you deny when torture is alleged by the victimin the Court of Law? Above all, what happens to your own moral rightJanuary - March, 201311