Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs

The Punjab and Haryana High Court has issued directions to Director Generals of Police for the States of Punjab and Haryana as well as Union Territory of Chandigarh to issue necessary instructions for scrupulous compliance of Section 193(3) of BNSS (erstwhile Section 173(3) of Cr.P.C.) by the Investigating Officers.

Justice Harpreet Singh Brar said, "Section 193(3) of BNSS is an evolved version of Section 173(2) of Cr.P.C., since a specific stipulation has been made therein by means of sub-clause (3)(ii), which 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."

The use of the word “shall” assigns 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, added the Court.

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

Counsel for the petitioner contends that the investigation is not being carried out in a fair manner as the deceased husband  has links with the local police and neither has the crime scene been inspected nor were deceased in-laws implicated in the FIR.

After hearing the submissions, the Court said that a free and fair investigation is foundational to criminal prosecution, marking the first significant step towards achieving the overarching goal of justice.

"The investigating officers play a pivotal role in the said process as they charged with the duty to uncover truth objectively and aid the adjudication process. Therefore, it is imperative that their conduct is so pristine that it not only is unbiased in nature but also appear to be so. The investigating officers must act in a manner that is beyond reproach so as to uphold public confidence and reinforce faith in the criminal justice system," said the Court.

Justice Brar elucidated that the right to fair investigation and fair trial is not only restricted to the accused but extends to the victim and the 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 the society.

Test For Likelihood Of Bias & Reasonable Apprehension Of bias Are Similar

The Court clarified that in exercise of its inherent power under Section 482 of Cr.P.C., can entrust the investigation to independent agency to rule out any bias, in order to secure the ends of justice. If the circumstances are such that it would create a reasonable apprehension of bias in the minds of the onlookers, it is sufficient to invoke the doctrine of bias.

The test for likelihood of bias and reasonable apprehension of bias are interchangeable and hence, the parameters for both can be construed to be similar, it added.

The judge further observed 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.

Consequently, the Court directed to constitute a Special Investigation Team for conducting fair, proper and impartial investigation in the case.

Mr. Manuj Nagrath, Advocate for the petitioner.

Mr. Subhash Godara, Addl. A.G., Punjab.

Title: PXXXX v. XXXX

Citation: 2024 LiveLaw (PH) 339