Decoding Punjab and Haryana HC's ruling that encourages victim-centric approach
The Punjab and Haryana High Court has mandated that the Directors-General of Police (DGPs) of Punjab, Haryana, and Chandigarh ensure that the victims or complainants are provided with updates regarding the progress of criminal investigations within 90 days.
The ruling, issued by Justice Harpreet Singh Brar, aims to enhance transparency, strengthen accountability in the police system, and reinforce victims' rights in the criminal justice process.
Why this ruling matters
Regular updates help victims understand the status of their cases, keeping them involved in the long and complex justice journey. Justice Brar emphasises the critical role of victims or complainants in the judicial process, asserting that their rights must be protected throughout the investigation.
The ruling also extends the right to a fair investigation to the victims and society, cautioning against an overemphasis on the rights of the accused. The Bench says while much focus is often placed on the accused, the victims too have rights that must be safeguarded for the pursuit of justice.
The ruling stresses that a free and fair investigation is foundational to criminal prosecution and public trust in the judicial system. The court also makes it clear that keeping victims informed about investigation progress ensures they remain integral to the process.
Investigating officers and judicial oversight
Justice Brar highlights the essential role of investigating officers in ensuring impartial and transparent investigations. The judgment mandates that their conduct should be perceived as unbiased to maintain public trust in the judicial system. The court has also called on the judiciary to exercise its supervisory role, ensuring that victims' interests are not sacrificed and that law enforcement authorities do not misuse their powers.
The legal framework
The ruling is based on Section 193(3) of the BNSS, an evolution of Section 173(2) of the CrPC. This provision mandates that law enforcement notify victims of investigation progress within 90 days, making it a mandatory obligation. Justice Brar reinforces that this is not just an administrative requirement but an essential victim's right, ensuring they remain informed throughout the process.
Why the ruling can be a game changer
This ruling can revolutionize the handling of criminal investigations in the region by addressing a critical gap where victims are often left uninformed. By mandating regular updates, the court fosters a transparent and responsive justice system. It places pressure on law enforcement agencies to complete investigations promptly and accurately, with compliance monitored through regular reports.
This order also sends a broader message about the importance of fairness in investigations, protecting both the victims' rights and the integrity of the justice system.
The bigger picture
The Punjab and Haryana High Court’s directive underscores the importance of victim participation in the justice process. It aims to ensure a balanced, impartial investigation, creating a more victim-centered approach to criminal justice. By requiring timely updates and greater transparency, the court has laid the groundwork for rebuilding public trust in the judicial system, setting a potential precedent for other regions.
