Punjab & Haryana High Court to DGPs

The Punjab and Haryana High Court has directed the Director Generals of Police of the States of Punjab and Haryana and the Union Territory of Chandigarh to issue necessary directions for scrupulous compliance with Section 193(3) of the BNSS (formerly Section 173(3)). of Cr.PC) by the investigating officers.

Justice Harpreet Singh Brar said, “Section 193(3) of BNSS is an evolved version of Section 173(2) of Cr.PC as a specific provision has been made therein by sub-section (3)(ii). whereby the police are obliged to inform the victim or the complainant about the progress of the investigation within a period of 90 days.

The use of the word “shall” gives it a compelling character. Therefore, it is clear that the victim or the complainant cannot be sidelined after registering the case as they are important stakeholders in seeking justice, the court added.

These observations were made during the hearing of the plea under Section 528 of the BNSS 2023 read with Section 447 of the BNSS seeking transfer of investigation into FIR in the case of abetment to suicide under Section 108 of the BNS 2023. The deceased woman was allegedly found hanging during her marriage proceedings.

The petitioner’s counsel contends that the investigation is not being conducted in a fair manner as the deceased husband has links with the local police and neither the crime scene has been inspected nor the deceased in-laws are involved in the FIR.

After hearing the submissions, the court stated that a free and fair investigation is the basis for prosecution and represents the first important step in achieving the overarching goal of justice.

“Investigating officers play a critical role in this process as they have a duty to objectively uncover the truth and assist in the sentencing process. Therefore, it is imperative that their conduct be so impeccable that it is not only impartial in nature but also appears to be impartial.” For this to be the case, the investigating officers must act in a manner that is beyond reproach. to maintain public trust and enhance confidence in the criminal justice system,” the court said.

Judge Brar explained that the right to fair investigation and trial is not only limited to the accused but also extends to the victim and society. In most cases, all attention is given to ensuring a fair trial and investigation leading to a fair trial for the benefit of the accused, while little attention is paid to the victim and society.

The probability of bias test and the reasonable belief of bias are similar

The court clarified that in exercise of its powers under Section 482 of Cr.PC, it may entrust the investigation to an independent authority to exclude any bias and thereby ensure ends of justice. If the circumstances are such that they would give rise to a reasonable apprehension of bias among viewers, it is sufficient to invoke the doctrine of bias.

The probability of bias test and the reasonable belief of bias are interchangeable and therefore the parameters for both can be construed as similar, he added.

The judge also noted that the quality of the investigation directly affects the outcome of the trial and that a substandard, biased investigation can lead to a possible miscarriage of justice and undermine the judicial process.

As a result, the court ordered the establishment of a special investigation team to conduct a fair, orderly and impartial investigation into the case.

Mr. Manuj Nagrath, counsel for the petitioner.

Mr. Subhash Godara, Addl. AG, Punjab.

Title: PXXXX v. XXXX