Judicial Data Of Criminal Cases Available On ICJS Must Be Synced With Crime Record Bureau: Delhi High Court

The Delhi High Court has observed that the judicial data related to criminal cases available on the Inter-operable Criminal Justice System (ICJS) portal needs to be synced with the Crime Record Bureau to ensure “accurate availability of data” relating to the accused.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that the police authorities appear to be using multiple databases which have data that is not fully updated.

The court said that criminal dossiers which were being maintained in hard copies are now being maintained electronically and technology has made it quite easier to share data on a real time basis.

“Thus, the obligation on the State to maintain an updated criminal dossier would also be effectively complied with if the data can be accurately fed into systems and the data available with the police is made available to the Courts and vice-versa,” the court said.

“As is evident from the stand of NIC as informed to the Delhi Police the same is to be considered and approved by the e-committee of the Supreme Court. Thus, the present order be sent to the Member Project Management of the e- Committee of the Supreme Court for placing the same before the Hon'ble e- Committee,” it said.

The bench directed that until the data bases are duly synchronised and the data is fully shared, the SOP made in 2021 to deal with discrepancies in respect of SCRB data, be followed by the Delhi Police in all the criminal cases before the Trial Courts and the High Court.

“The Court having considered the status reports and the stand of the NIC today, it is clear that until the ICJS is made fully operational and the SCRB data becomes fully accurate, SOP bearing No. OB 03/2021 dated 21st January, 2021 shall be followed by all investigating and law enforcement agencies,” it further directed.

The bench disposed of a suo motu criminal reference received by the trial court in 2021 due to non-updation of the Online Criminal Dossier System, maintained by the SCRB.

In the case, the system showed that the accused was involved in several cases but the status of the accused was showing that he was in Police or Judicial Custody.

The questions to be decided were whether State's failure to update criminal dossier system regularly is in violation of the constitutional rights guaranteed to an individual and whether the State is bound to keep the criminal dossier well maintained or updated.

The status report filed by the Delhi Police stated that the SCRB and the Police are working towards automatic updation of information relating to orders and judgments.

As per the report, the ICJS system is not synced automatically with the Criminal Database of the Police as there are discrepancies in the SCRB's report and thus, syncing of the data is necessary.

The report also said that the NIC is presently working with the SCRB for the creation of a technical solution to sync the ICJS system with the Criminal database of the Police.

In July, the bench had called for finalization of the technical solution to sync the ICJS system with the criminal database of the Police, to avoid any discrepancies.

Title: COURT ON ITS OWN MOTION v. STATE

Citation: 2024 LiveLaw (Del) 1015

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