[Answered] “The Supreme Court’s recent ruling underscores the crucial link between principled criminalization and responsible police action.” Examine this statement in the context of India’s criminal justice system. Discuss what constitutes ‘principled criminalization’ and explain how the police, as a pivot, play a vital role in ensuring its effective and just implementation.

Introduction

The Supreme Court’s judgment in Imran Pratapgarhi vs State of Gujarat has brought to light the critical relationship between principled criminalization and the conduct of law enforcement agencies. In a democratic polity governed by the rule of law, criminalization is not merely a matter of codifying crimes but a careful and constitutionally guided process. Its legitimacy rests equally on how laws are enforced, and who enforces them — in India’s case, largely the police.

Understanding Principled Criminalization

Criminalization refers to the state’s authority to label an act as a crime and impose punishment. But this power is not unfettered. Principled criminalization involves ensuring that only conduct which:

1. Violates significant public or collective interests,
2. Constitutes violent harm against others, or
3. Violates an individual’s right to non-intervention, is made punishable under the law.

These principles, articulated by legal scholars like Tatjana Hörnle and Victor Tadros, are visible in India’s Bharatiya Nyaya Sanhita (BNS), which seeks to decriminalize minor wrongdoings and restrict overreach. However, the actual criminalization of individuals—through arrests, charges, and prosecutions—is governed by procedural law and the discretion of enforcement agencies, particularly the police.

Role of Police in Operationalizing Criminalization

1. Under India’s criminal justice system, the police are the first point of contact between the state and the citizen when it comes to enforcing criminal law. Their functions include: detecting crimes, registering FIRs, conducting investigations and arresting suspects.
2. Thus, the police act as the pivot of criminalization. However, their vast discretionary powers can lead to either responsible enforcement or arbitrary action.
3. A notable safeguard is found in Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It allows police to delay FIR registration and instead conduct a 14-day preliminary inquiry for offences punishable with 3–7 years of imprisonment—particularly when such conduct involves the exercise of constitutional rights like free speech.

Case Study: Imran Pratapgarhi vs State of Gujarat

1. The case involved the registration of an FIR against a Member of Parliament for posting a poem online, allegedly inflammatory in nature. The Supreme Court quashed the FIR, citing the police’s failure to conduct a preliminary inquiry, as required under Section 173(3) of BNSS.
2. The Court observed that unwarranted police action risks criminalizing protected speech, and emphasized that procedural safeguards are not optional but mandatory, especially in cases touching upon fundamental rights.

Why Responsible Policing Matters

1. Prevents misuse of criminal law against dissent
2. Upholds individual liberties in line with Article 19 of the Constitution
3. Ensures criminal law serves as a tool of justice, not repression
4. Maintains public trust in institutions of law enforcement
5. Prevents over-criminalization, which clogs the justice system

Way Forward

1. Capacity-building and legal training for police personnel on BNSS and constitutional safeguards
2. Stricter judicial oversight of preliminary inquiries
3. Implementation of accountability frameworks through Police Acts and citizen oversight
4. Technology-enabled transparent investigation and documentation mechanisms

Conclusion

The Supreme Court’s ruling in Imran Pratapgarhi reaffirms that criminal law is only as fair as its enforcement. While substantive laws may be well-crafted, their spirit is defeated if procedural safeguards are ignored. The police, as the operational front of the criminal justice system, must embrace their role not just as law enforcers but as guardians of constitutional rights. Responsible police action, aligned with principled criminalization, is vital for a just and democratic India.