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crime, law and justice

judiciary (system of justice)

The Supreme Court on Thursday said sting operations are not legal method of law enforcement, raising questions on luring a person to entrap him.
A bench headed by Chief Justice P. Sathasivam said the apex court had approved sting operation carried out in public interest in R.K. Anand case but it will be difficult to understand the ratio in the said case as an approval of such a method as an acceptable principle of law enforcement in all cases.
“Being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions. The victim, who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentiality of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for the enticement.
“Another issue that arises from such an operation is the fact that the means deployed to establish the commission of the crime itself involves a culpable act,” it said.
It said unlike the U.S. and certain other countries where a sting operation is recognised as a legal method of law enforcement, though in a limited manner, the same is not the position in India.
The bench said question are raised on what would be the position of such operations if conducted by a private individual who had stained his own hands while entrapping what he considers to be the main crime and the main offender.
Keywords: Sting operations, Supreme Court judgments, sting journalism


Supreme Court disapproves Sting Operations as a legal method

The Supreme Court of India ruled on Thursday that sting operations cannot be deemed a legal method of law enforcement. The apex court observed that such methodologies are not beyond the scope of doubt as in many cases, it is possible to lure a person into a trap in order to frame charges against him.
A bench led by Chief Justice P Sathasivam stated that even though the SC had earlier approved sting operations executed in public interest in the RK Anand case, it will be difficult to comprehend the ratio in the said case as an approval of such methodologies as legit principle for law enforcement in all cases.
“Being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions. The victim, who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentiality of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for the enticement,” the bench said.
“Another issue that arises from such an operation is the fact that the means deployed to establish the commission of the crime itself involves a culpable act,” it added.
The bench also clarified that in countries like US and UK, sting operations are usually deemed a legal method of law enforcement, albeit in a limited way (which incidentally, is not the case in India).