The Punjab and Haryana high court has directed director generals of police (DGPs) of two states and Chandigarh to issue necessary instructions to the field officers to ensure that complainants/victims are informed about status of probe in their criminal complaints within 90 days.
“(BNSS provisions) make the police duty-bound to inform the victim or the complainant/informant about the progress of the investigation within a period of 90 days. The use of the word ‘shall’ assign it a mandatory nature. As such, it is clear that the victim or the complainant cannot be shunned aside after the registration of the case as they are significant stakeholders in the pursuit of justice,” the bench of justice Harpreet S Brar said while asking the DGPs to issue necessary instructions within four weeks to the field officers.
The court was hearing a petition from one Parminder Singh, who had approached the high court seeking transfer of probe into an FIR registered on September 9 into the death of his daughter, who died in mysterious circumstances at the house of her in-laws.
The bench recorded that the right to fair investigation and fair trial is not only restricted to the accused but also extends to the victim and society as well. “More often than not all attention is given to ensure fair play and fair investigation resulting in fair trial for the sake of the accused while little concern is shown to the victim and society. Therefore, the onerous duty to maintain a middle ground to secure a fair trial and fair investigation to the accused without sacrificing the interest of the victim and society is cast upon the courts,” it recorded.
{{/usCountry}}The bench recorded that the right to fair investigation and fair trial is not only restricted to the accused but also extends to the victim and society as well. “More often than not all attention is given to ensure fair play and fair investigation resulting in fair trial for the sake of the accused while little concern is shown to the victim and society. Therefore, the onerous duty to maintain a middle ground to secure a fair trial and fair investigation to the accused without sacrificing the interest of the victim and society is cast upon the courts,” it recorded.
{{/usCountry}}It further underlined that the quality of the investigation directly impacts the outcome of the trial, and a substandard, biased investigation can lead to potential miscarriage of justice and undermine the judicial process.
“For this reason, the legislature, in its wisdom has drafted the CrPC and the BNSS, laying down a procedure for investigation that ensures adherence to the principles of fairness, transparency and calls for its scrupulous observance,” it said referring to Section 173(2)(ii) of CrPC, which now corresponds to Section 193(3)(ii) & (iii) of BNSS. It is one amongst many other provisions that attempt to safeguard the rights of the victim during investigation, it added.
While Section 173(2)(ii) of CrPC mandated that complainant be informed as and when a chargesheet is filed by the police, under the new law, Section 193(3)(ii) & (iii) of BNSS makes the police duty-bound to inform the victim or the complainant informant about the progress of the investigation within a period of 90 days.