The quality of criminal case investigations significantly impacts the delivery of justice. Ineffective and unreliable investigations can lead to innocent individuals being wrongly accused and the actual perpetrators going free. Recognizing this, the Allahabad High Court has issued groundbreaking directions to the state to enhance the effectiveness, reliability, and flawlessness of criminal case investigations.
The landmark judgment delivered by a Division Bench of the Allahabad High Court highlights several critical issues in the current state of criminal investigations. It expresses deep concern that many cases go unsolved due to a lack of credible and reliable evidence and defective investigations. The consequences of this are far-reaching, often resulting in the acquittal of the accused in heinous crimes.
The judgment extensively highlights a multitude of prevalent defects in criminal investigations. These inadequacies encompass various critical aspects of the investigative process, such as:
Delayed Arrival of the Investigating Officer: One of the recurring issues pertains to the delayed arrival of the Investigating Officer at the crime scene. Such delays can result in the destruction or contamination of crucial evidence, hindering the accurate determination of the facts.
Inadequate Preparation of Site Plans and Inquest Memos: Proper documentation of the crime scene, including site plans and inquest memos, is essential for preserving the integrity of evidence. In many instances, investigators fail to adequately prepare these documents, which can lead to inaccuracies or ambiguities in the records.
Delayed Recording of Statements: A critical defect often observed is the tardiness in recording statements of the involved parties. Delays in documenting witness statements can compromise the accuracy and reliability of the evidence, making it challenging to reconstruct the sequence of events.
Neglect of Crucial Evidence: Failure to collect and preserve crucial pieces of evidence represents a significant shortcoming. This includes items like bloodstained and plain soil, cartridges (both live and empty), bloodstained weapons, hair, skin, clothing, and fingerprints. Neglecting such evidence can result in incomplete investigations and undue advantages for the accused.
Omission of Dying Declarations: Dying declarations are legally significant in cases involving critically injured individuals. Yet, investigations often neglect to obtain and document these declarations in a timely and proper manner.
Belated Medical Examinations: The judgment highlights the issue of delayed medical examinations of injured parties. Timely medical examinations are crucial for accurate documentation of injuries, which can aid in establishing the case’s facts.
Inadequate or Missing Identification Parades: Proper identification parades are essential for ensuring the accuracy of witness testimonies and suspect identifications. However, these parades are often not conducted, conducted improperly, or conducted too late in the investigative process.
Biased or Tainted Investigations: Biased or tainted investigations raise significant concerns. When investigators show partiality or design investigations to favor a particular party, the integrity of the entire process is compromised, and justice is not served.
Non-Compliance with Legal Provisions and Regulations: Non-compliance with the various legal provisions, rules, and regulations related to investigations is a widespread issue. Failure to adhere to these provisions can lead to an incomplete or flawed investigative process.
In light of the aforementioned deficiencies in criminal investigations, the Division Bench has taken a proactive approach to remedy these issues and raise the standards of criminal investigations. The following key directives have been issued to rectify these shortcomings and elevate the quality of investigative processes:
Timely Recording of Witness Statements: Investigating Officers are mandated to promptly record the statements of witnesses. In cases where statements cannot be recorded within 24 hours of registering a First Information Report (FIR), the Investigating Officer must provide explanations for the delays in each witness’s statement along with the respective statements.
Submission of Evidence via Affidavits: To expedite the recording of witness statements and enhance their reliability, witnesses are allowed to submit their evidence through affidavits. These affidavits should be sworn before an Oath Commissioner or Public Notary.
Providing Copies of Section 161 Cr.P.C. Statements: Copies of statements recorded under Section 161 Cr.P.C. must be concurrently provided by the Investigating Officer to both the informant and the witnesses. They should also be informed that any objections or discrepancies in their statements should be brought to the Investigating Officer’s attention, preferably within a week, supported by relevant evidence.
Prompt Collection of All Available Evidence: Investigating Officers are required to expeditiously collect all available material and evidence at the crime scene. Delays beyond 24 hours necessitate explanations.
Preparation of Site Plans: The Investigating Officer is responsible for preparing comprehensive site plans for crime scenes. These plans should include essential details such as the distances between witnesses, injured parties, and assailants.
Expert Analysis of Evidence: Material and evidence collected from the crime scene must be sent for expert analysis. This analysis involves Handwriting, Ballistic, Forensic, Fingerprints, and DNA experts, depending on the nature of the case.
Collection of Call Details Records (C.D.R.): When deemed necessary, Investigating Officers should collect the Call Details Records (C.D.R.) of mobile phones and landlines belonging to the victim, witnesses, or the accused. Surveillance of phone numbers or mobile numbers linked to suspected individuals should be conducted without undue delay.
Adherence to Legal Provisions and Regulations: Investigating Officers must strictly comply with various provisions outlined in the Criminal Procedure Code (Cr.P.C.), the Police Act, and all relevant regulations related to the investigative process.
Monitoring by Superior Authorities: Superior police authorities should establish a robust monitoring system to ensure the Investigating Officers’ adherence to relevant rules, provisions, and the above-mentioned directions. In cases of willful and intentional violation, appropriate action against the erring Investigating Officer is mandated.
Publicity of Directions: To raise awareness and encourage compliance, the State Government is required to publicize these directives through newspapers, electronic media, and notice boards.
Compliance Reports: The State Government must submit compliance reports, supported by affidavits, within three months of receiving these directions. This requirement ensures that the directives are being effectively implemented.
Continued Applicability of Directions: The directions issued will remain in effect until the state government formulates or amends relevant rules in alignment with these directives.
These comprehensive directives are designed to substantially improve the quality of criminal investigations, aiming for a fair, effective, and impartial investigative process. By addressing common investigative defects and promoting the timely and thorough collection of evidence, these guidelines contribute to the enhancement of the justice delivery system.
Conclusion:
In conclusion, the directions issued by the Allahabad High Court mark a pivotal stride towards enhancing the quality of criminal case investigations. By systematically tackling the entrenched issues and shortcomings in investigative processes, these guidelines set a course for a more dependable and resilient justice system. They prioritize the well-being of both the accused and the victims, guaranteeing the administration of justice in a manner that is unbiased, equitable, and impartial.
The imperative now lies in the faithful implementation of these directives, as it is through their execution that the vision of a more equitable and efficient criminal justice system in India can be realized. The Allahabad High Court’s unwavering commitment to addressing the deficiencies in criminal investigations is a significant milestone on the path to a more just society. These directions serve as a beacon, guiding the way towards a fair and reliable legal framework for all citizens.
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