Ensure probe updates to victims within 90 days, HC orders DGPs
The Punjab and Haryana High Court has ordered the Directors-General of Police for Punjab, Haryana, and Chandigarh to ensure victims or complainants in criminal cases receive updates on investigation progress within 90 days.
Justice Harpreet Singh Brar clarified that complainants held an essential role in the justice process and could not be sidelined post-case registration.
Submit compliance report
The Directors-General of Police for the states of Punjab and Haryana as well as Union Territory of Chandigarh are directed to issue necessary instructions for scrupulous compliance of Section 193(3) of the BNSS, erstwhile Section 173(3) of the CrPC, by the investigating officers within four weeks and submit a compliance report. Justice Harpreet Singh Brar
Justice Brar emphasised that a free and fair investigation formed the “foundation of criminal prosecution” and was essential for achieving justice. The investigating officers, tasked with revealing the truth impartially, were a key to this process.
“Their conduct must be so pristine that it is not only unbiased in nature but also appears so,” the court stated, underscoring the need for investigative integrity to uphold public trust in the justice system.
Referring to the broader societal implications, Justice Brar said the right to fair investigation and fair trial was not only restricted to the accused, but also extended to the victim and society. More often than not all attention was given to ensure fair play and fair investigation, resulting in fair trial for the sake of the accused, while showing little concern to the victim and society.
The court observed: “Therefore, the onerous duty to maintain a middle ground to secure the fair and trial and fair investigation to the accused without sacrificing the interest of the victim and society is cast upon the courts. The judiciary must remain vigilant to uphold the sanctity of the legal process and prevent abuse of power by law enforcement officials, thereby fortifying the rule of law. It must invoke its supervisory powers to ensure that the cause of justice is not sacrificed owing to a flawed investigation”.
Justice Brar also pointed out that a transparent and unbiased investigation established a level-playing field for both prosecution and defense, directly influencing trial outcomes. The quality of investigation directly impacted the trial’s outcome.
A substandard and a biased investigation could lead to potential miscarriage of justice and undermine the judicial process.
Referring to the legal provisions, Justice Brar said Section 193(3) of the BNSS was an evolved version of Section 173(2) of the CrPC with a specific stipulation, which made the police duty-bound to inform the victim or the complainant-informant about the progress of the investigation within 90 days. The use “shall” in the provision assigned it a mandatory nature.
“The Directors-General of Police for the states of Punjab and Haryana as well as Union Territory of Chandigarh are directed to issue necessary instructions for scrupulous compliance of Section 193(3) of the BNSS, erstwhile Section 173(3) of the CrPC, by the investigating officers within four weeks and submit a compliance report,” Justice Brar concluded.
