The Common Law in India - College of Social Sciences and ...

162 The Common Law in IndiaCriminal Procedure: A glimpse at the manner inwhich those who have committed crimes are broughtbefore the courts in India and tried by them willcomplete the picture of the broad similarity of theworking of the system of criminal law in Englandand India.The repression of crime being a matter of seriousimportance to the community, the Indian law providesthat offences may be brought to the notice ofthe authorities either through the agency of the police,whose duty is to enforce law and order, or by privatepersons. Cases may be started before the criminalcourts either on reports made by the police or oncomplaints lodged by private persons. The ProcedureCode not only gives the right to make complaints toprivate persons but it makes it incumbent on thepublic to give information to the police of thecommission or the intended commission of certainoffences. 21 The duty of aiding magistrates and policeofficers in making arrests and in preventing certainoffences is also laid on the public. 22 The Code alsoentitles private persons to arrest persons in certaincases and make over persons so arrested without unnecessarydelay to a police officer. 23 The law enjoinsall persons to attend before magistrates and policeofficers to give evidence about the commission ofoffences within their cognizance whenever called uponto do so. 2421 Criminal Procedure Code, 1898, s. 44.« Ibid., s. 42.23 Ibid., s. 59; cf. Walters v. W. H. Smith