UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months

The Uttar Pradesh Government has informed the Allahabad High Court that it has taken some significant decisions to improve and reform the police investigation system. The decision was taken in a meeting convened on August 26, 2022, under the Chairmanship of Additional Chief Secretary (Home), Government of Uttar Pradesh.

The government has also assured the High Court that the decision taken by the State Government shall be effectively implemented as expeditiously as possible not later than two months and that certain other steps shall also be taken which are needed for a fair investigation.

Significantly, the Government assured the High Court that the amended provisions of Section 161 Cr.P.C. and Sub-Section 10 of Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act shall be complied with and implemented in letter and spirit.

It may be noted that the 1st and 2nd proviso to Section 161 (3) CrPC mandate the recording of sexual offences victim's statements by audio-video means and by a women officer. A similar provision has been made under Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Here it may be noted that last year, the High Court had observed that in a majority of cases, 1st and 2nd proviso to Section 161 (3) CrPC are not being followed by the Investigating Officers in the true sense.

Read more about what the Court had said here: Recording Of Victim's Statement By Audio-Video Means, By Woman Officer: Allahabad HC Directs Compliance Of Provisos To S. 161 (3) CrPC

Our readers may note that the following decisions have been taken by the UP Govt to ensure that the investigation system is strengthened:

(i) Postmortem and injury reports must be typed out and made easily legible and the practice of handwritten reports be discontinued.

(ii) During the postmortem examination, there should be DNA and fingerprint sampling and necessary software must be developed for this purpose.

(iii) In cases of gunshot injuries, instead of a full body x-ray, the x-ray should be of the area where the wound is located. However, in such cases where the wound of entry or exit is not apparent, the need of taking an x-ray to be made mandatory.

(iv) During postmortem examination, the injuries on the dead body should be photographed in color to highlight the same.

(v) An index be prepared to be appended with each case diary, which is submitted before the Prosecutor/Hon'ble Judges. It should be explored if the necessary facilities can be provided through CCTNS software.

(vi) A synopsis be prepared of the contents of the report containing the opinion of the investigating officer as encapsulated in the report under Section 173(2) Cr.P.c. An index should also be prepared for convenient perusal and reference. This synopsis be a part of the report under Section 173(2) Cr.P.C.

(vii) The importance of the role of the supervisory officer be emphasized and the said officer should not function only as a post office. Every investigation must be scrutinized in a microscopic manner and any lacuna or lapse must be pointed out to the investigating officer. Provisions should also be made for training the investigating officer on a regular basis.

(viii) Senior Supervisory Officers must submit the report submitted by the police under Section 173(2) Cr.P.C expeditiously and not hold it back in their custody needlessly. In this context, a letter dated 05.05.2016 had already been issued by the Director General of Police, U.P. Lucknow.

(ix) Before ordering further investigation under Section 173(8), it is desirable to seek permission/give information to the concerned learned court, but the necessity of this step be examined in the light of the relevant and applicable statutory provisions and the judgments and observations passed by Hon'ble Apex Court and Hon'ble High Court. In all cases where the statements of witnesses are recorded using audio/video mode, the relevant material be made part of the case diary by means of a compact disc/pen drive.

(x) The font size used for preparing the case diary to be increased to a size, which would facilitate easy and legible perusal of the same. For this purpose, the cooperation of NIC be sought to implement the increase in font size in the records, uploaded on the CCTNS.

(xi) The strict adherence be ensured to the statutory provisions encapsulated in Section 65B IPC and that investigating officer be trained to adopt a sensitive approach in these matters.

(xii) It was emphasized that proper directions be imparted to supervisory officers to ensure that they perform their duty efficiently and diligently. It was informed by the Additional Director General of Police (crime) that in all districts (pan state) training was being imparted in orderly rooms and by crime meetings. The Additional Chief Secretary (Home), Government of U.P., Lucknow issued directions that action be initiated against those investigating officers who displayed negligence in discharging their duties and thereby impairing fair and proper investigation.

(xiii) In every district, the Joint Director (Prosecution) should head a legal cell, which should be established with the aim to educate all investigating officers with the latest amendments in criminal law and the judgments passed by the Hon'ble Apex Court and Hon'ble High Court.

(xiv) Necessary government order/circular/road-map, which was to be issued covered a vast range and the support and cooperation of technical and other departments was required

Apart from this, the State Government also informed the Court that it has already issued directions to the investigating officers that in the cases against women in which the statement of the victim has been recorded under Section 164 Cr.P.C. and in case of there being variations in the statements of the victim under Sections 161 and 164 Cr.P.C., the investigating officer shall not put any question in a supplementary statement (Majeed Bayan) of the victim, which frustrates and negate the statement of the victim under Section 164 Cr.P.C.

Having noted the abovementioned decisions taken by the UP Government, the bench of Justice Sanjay Kumar Singh opined that the criminal justice administration system in India places human rights and dignity of human at a much higher pedestal. In our jurisprudence an accused is presumed to be innocent till proven guilty and thus, an accused is entitled to a fair and impartial investigation and fair trial, and the prosecution is expected to play a balanced role in the trial.

"Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India. Every investigation has to be conducted in a fair manner and in accordance with law. Fair and proper investigation is the primary duty of the investigating officer. In every civilized society, the police is invested with powers of investigation of a crime to secure 35 punishment for the criminals and it is in the interest of the society that the investigating agency must act honestly and fairly and did not resort to fabricating false evidence or creating false clues because such acts shake the confidence of the common people not only in the investigating agency, but in the ultimate analysis in the system of dispensation of criminal justice," the Court further emphasized.

Background

It may be noted that the Court was hearing a bunch of cases relating to the mode and manner of recording statements under Section 161 of the Code of Criminal Procedure of the witnesses in view of Amendment by Act 5 of 2009, Act 13 of 2013, and Act 22 of 2018 in Section 161 Cr.P.C., compliance of provisions of sub Section (10) of Section 15A of The SC/ST Act and steps to be taken for streamlining the fair investigation.

Essentially, in one of the cases, the Court noted that the statement of the victim under Section 161 Cr.P.C. was not recorded by audio-video means with a view to extending undue favor to the accused persons, whereas provisions of recording the statement under Section 161 Cr.P.C. by audio-video means was inserted by the Act No. 5 of 2009 and similar provision had also been provided under sub Section (10) of Section 15A of the S.C./S.T. Act, but the Court noted that the aforesaid mandatory provisions have not been complied with.

In another case (Gang Rape case), the Court noted that the investigating officer in order to nullify the statement under Section 164 Cr.P.C. and with a view to extending undue favor to co-accused got the second statement (Majeed Bayan) of the victim recorded through woman Constable in violation of 1st proviso to Section 161(3) Cr.P.C. as well as the provisions of subsection 10 of Section 15A of the SC/ST Act wherein it is provided that "all the proceedings under this Act shall be video recorded.

Against this backdrop, the Court had directed for convening a meeting of government officials to deliberate upon the required steps to be taken so as to ensure that the investigation system is reformed.

Case title - Waseem v. State of U.P. and Another alonhg with connected matters

Case citation: 2022 LiveLaw (AB) 419

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