Introduction
A free and fair trial is a crucial aspect of Article 21 of the Indian Constitution and forms the foundation of criminal jurisprudence. Ensuring a fair trial requires that the process, from investigation to conviction, is free from bias towards either the accused or the victim. In India, the criminal justice system’s nature, with the executive’s involvement in the investigation and prosecution, often leads to biased trial proceedings. Prosecutors are typically government servants appointed by the state government. In criminal trials involving individuals linked to the ruling government, the probability of bias in investigation and prosecution increases, undermining justice. In such scenarios, evidence tampering and witness intimidation are highly likely. Thus, to ensure fair adjudication, an independent trial free from such abuses is essential.
According to Black’s Law Dictionary, to “invest” means to supply with authority or power, while “investigate” means to systematically inquire into a matter. An investigation is an inquiry into the process and circumstances surrounding an allegation or incident.
Under Section 2(h) of the Cr.P.C., “investigation” is defined as all proceedings conducted by a police officer or any person (other than a Magistrate) authorized by a Magistrate, for the collection of evidence. An investigation involves searching for material evidence and facts to determine whether an offence has been committed by the accused. It encompasses all proceedings under the Code of Criminal Procedure for evidence collection by a police officer or an authorized person. In State of Uttar Pradesh vs. Bhagwant Kishore Joshi, the Supreme Court defined investigation as means collection of evidence relating to the commission of the offence. The Investigating Officer is, for this purpose, entitled to question persons who, in this opinion, are able to throw light on the offence which has been committed and is likewise entitled to question the suspect and is entitled to reduce the statements of persons questioned by him to writing. He is also entitled to search the place of the offence and to search other places with the object of seizing articles connected with the offence.
Importance of fair investigation
Fair investigation is recognized as a human right, repeatedly affirmed by the Hon’ble Supreme Court to all under Article 21 of the Indian Constitution. From the moment a crime is committed until it reaches the Supreme Court, the process involves various stages where multiple agencies and stakeholders conduct investigations. Therefore, a fair investigation is crucial to ensuring a fair trial. A fair investigation includes several essential components, such as honesty and competence. One of the most crucial aspects is the proper collection of evidence relevant to the nature of the criminal case. Additionally, gathering scientific evidence and expert statements based on the specifics of the case is also vital.
The rights of a complainant are crucial, especially as a crime victim. However, if an innocent person is investigated, prosecuted, and tried, it not only impacts their life but also adversely affects their family’s life. Their social standing suffers as they endure a lengthy trial, being labeled as an “accused” throughout. Therefore, it is essential for an investigation to be proper, fair, unbiased, effective, systematic, and objectively reasoned. Investigating agencies must remember that at the investigation stage, an ‘accused’ is merely a suspect. If the investigation does not meet legal standards, the administration of criminal justice suffers, and the affected individual is forced to seek court intervention.
Judicial Pronouncements
In various precedents, the judiciary have held the importance of fair investigation. In Babubhai v. State of Gujarat, the court held that not only fair trial but fair investigation is also part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. Therefore, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law.
In Samaj Parivartan Samudaya v. State of Karnataka, the court emphasized on role of judiciary in ensuring free investigation. The court held that it is the duty of the court is to ensure fair and proper investigation in an adversarial system of criminal administration, the jurisdiction of the Court is of a much higher degree than it is in an inquisitorial system. It is clearly contemplated under the Indian Criminal Jurisprudence that an investigation should be fair, in accordance with law and should not be tainted. But, at the same time, the Court has to take precaution that interested or influential persons are not able to misdirect or hijack the investigation so as to throttle a fair investigation resulting in the offenders escaping the punitive course of law. It is the inherent duty of the Court and any lapse in this regard would tantamount to error of jurisdiction.
There has been a shift in the courts’ approach to cases involving faulty or defective investigations. The Supreme Court has ruled in several instances that such cases should be handled sensitively. According to the Supreme Court, evidence must now be evaluated in the context of the entire case rather than in isolation, considering the ground realities. It is important to note that not every defective or faulty investigation results in acquittal. Instead, these cases require the courts to exercise extra caution when assessing the evidence.
In cases of defective or faulty investigations, the court must carefully evaluate the evidence and may need to take an active, analytical role to uncover the truth. This can involve utilizing Section 311 of the Cr.P.C. during the trial or Section 391 of the Cr.P.C. at a later stage, rather than making unfounded decisions.
Conclusion
Therefore, fair investigation is of utmost importance as it forms the part of Article 21 of the Constitution. Improper investigations pave the way for unfair judgments. Investigation is crucial in any case as it helps the court understand the real facts and circumstances, and assess the severity of the crime. Proper and fair investigations gather accurate facts and evidence, enabling the court to make informed decisions and convict the guilty. However, when an investigation is improper, this process is compromised.
Written By – Adv. Pradhuymn Singh Shekhawat
FAQs
What is the right of fair investigation?
The right of fair investigation in India is a fundamental principle ensuring that criminal probes are conducted impartially and transparently. It stems from the constitutional right to a fair trial under Article 21. This right mandates that investigating agencies follow due process, collect evidence legally, and avoid bias or coercion. It protects suspects from arbitrary arrests, torture, and forced confessions. The judiciary oversees this right, often intervening to ensure investigations remain fair and just. This safeguard is crucial for maintaining public trust in the criminal justice system and upholding the rule of law in India.
What is the meaning of fair trial?
A fair trial is a fundamental legal principle ensuring that judicial proceedings are conducted justly and impartially. It guarantees that accused persons receive equal treatment under the law, regardless of their background or circumstances. Key elements include:
- Presumption of innocence
- Right to legal representation
- Timely proceedings
- Impartial judge and jury
- Right to present evidence and cross-examine witnesses
- Protection against self-incrimination
- Public hearings
- Right to appeal
Fair trials aim to protect individuals from arbitrary punishment and maintain public confidence in the justice system.
What is Section 156 3 of CrPC?
Section 156(3) of the Criminal Procedure Code (CrPC) in India empowers a Magistrate to order a police investigation into a cognizable offense. This provision allows citizens to approach the court directly if the police refuse to register an FIR (First Information Report) or conduct a proper investigation. The Magistrate can direct the police to investigate the matter thoroughly. This section serves as a crucial check on police discretion and ensures that serious complaints are not ignored. It reinforces the citizen’s right to a fair investigation and acts as a safeguard against potential police inaction or bias.
What are the essential of fair trial under CrPC?
The essential elements of a fair trial under the Criminal Procedure Code (CrPC) in India include:
- Presumption of innocence
- Right to legal representation
- Speedy trial
- Open court proceedings
- Right to present evidence and witnesses
- Cross-examination of prosecution witnesses
- Protection against self-incrimination
- Impartial judiciary
- Reasoned judgments
- Right to appeal
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