Ineffective Investigation Leading to Low Conviction Amounting to Criminal Injustice

Shrawani Shagun[1]

The right to life and personal liberty is a holy sacred right of an individual in any civilized State. The State was formed in order to support this right against the aggression of hostile social enemies and other foreigners.[2]But in time the time the state gets its strength through the gradual robbery of a fair trial is a manifestation of the famous paragraph “legal procedures” provided for in the US Constitution.[3]The concept of a fair trial is linked to human dignity and all its inalienable rights. The protection of life was not limited to any foreigner, but between the same subjects.[4]Thus, in order to eliminate criminals, the science of criminology and the science of punishment evolved which developed different principles to create a firewall for the innocent against the aggressor. Substantive law was formulated on the basis of reactionary theory at an early age. Later, the sociology study of the law led to further development in the principles of theology.[5] A movement led by Cesar Beccaria, Bentham developed the idea of ​​”utilitarian theory” that is attached on an equal footing with the principles of punishment that are more humane and rational in the discourse of human rights.[6]These philosophical developments were more objective, and in the case of procedural issues, the principles of natural justice were laid down in the common law system.[7]Fair trial is an indispensable condition for “due process” or “the procedure determined by law which should be fair and reasonable”.

In the state of Gujarat vs. Kishan Bhai[8], the Supreme Court expressed concern about state governments in the failure of a fair investigation and effective prosecution.[9]The Court also directed the establishment of a standing committee to consider each acquittal. And whether this patent was the result of the failure of the police to investigate the Prosecutor’s failure to prosecute effectively?[10]Court held that a person in prisoner may be innocent but in prison because of the failure of the investigator, is a violation of the right and personal freedom. Similarly, the person outside the bar may be the real culprit but enjoy the music of life even after shaking the collective conscience of the community, is also linked to the lazy and irresponsible attitude of the prosecution and police.[11] The court strongly stressed to bring science into the management of these affairs; in particular forensic science should be used in investigations.[12]

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The observation issued by the Supreme Court is of paramount importance, while accepting the role of a proper and effective investigation of justice that is, ensuring guilt.[13]As noted by the Court, it should be borne in mind that the duty of the Investigator is not merely to strengthen the prosecution’s case with evidence that would enable the Court to register the conviction but to highlight an undisclosed real fact.

Prosecutors and police are often blamed for the low conviction rate in India. The Indian criminal system follows the common law system which is the adversary in character. Here he is supposed to be innocent unless the evidence is submitted to the court, which proves the case beyond reasonable doubt. [14]It is not a fact-finding system (usually found in the country of continental law, such as France, Italy, etc.), instead based solely on the system of government. The judge himself cannot play an active role in the search for truth, but he awaits the evidence that has been investigated and investigated by the police and presented to the court by the prosecutor. [15]Today our criminal justice system is in very bad state as a former chief  justice of India warned about a decade ago that the criminal justice system in India was  about to collapse.[16] It is common knowledge that the two major problems besieging the criminal justice system are huge pendency of criminal cases and inordinate delay in disposal of criminal cases on the one hand and the very low rate of convictions in cases involving serious crimes on the other hand.[17]This has encouraged crime. Violent and organized crimes have become the order of day. As chances of convictions are remote, crime has become a profitable business. Life has become unsafe and people live in constant fear.[18] Law and order situation has deteriorated and the citizens have lost confidence in criminal justice system.

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Humanity has come from the state of nature to a civilized society. Punishment after conviction in a trial in a rule-of-law system is the result of cold deliberations in the courtroom after proper hearing of the parties against the defendant.[19]The Prosecutor has the opportunity to support the charge and is equally available to the accused an opportunity to face the charge of proving his innocence.[20] It is the result of cool deliberations and examination of the material by the enlightened mind of the judge who leads to the identification of ills.

The manner in which police investigations are conducted is crucial to the performance of the collection of evidence that is corrupted by error or malpractice, but the successful conviction of the culprits is based on the thorough investigation of the truth and the collection of admissible evidence. The foundation for the Criminal Justice System is the investigation by the offence, ascertain the facts and circumstances relevant to the crime and to collect the evidence, oral or circumstantial, that is necessary to prove the case in the court. The success or failure of the case depends entirely on the work of the investigating officer. But unfortunately, the Criminal Justice System does not trust the Police. It is needed modern training experience to improve investigative agency and scientific knowledge.


[1] Independent researcher.

[2]History home (Feb 10, 2018), http://www.historyhome.co.uk/europe/hitfor.htm,by Stephen Tonge.

[3]Lysander Spooner, An Essay on the Trial by Jury[1852], OLL, (Feb 10, 2018) http://oll.libertyfund.org/titles/spooner-an-essay-on-the-trial-by-jury-1852, accessed on 11/02/2018

[4]H.E.N.R.Dewi Nurmayani, What are Human Rights, Global Ethics Network, (Feb 12, 2018) http://www.globalethicsnetwork.org/profiles/blogs/what-are-human-rights.

[5]John Locke’s Theory of Knowledge (An Essay Concerning Human Understanding) Caspar Hewett.

[6]W.J. Morrison, Criminology (University of London, 2001), https://www.scribd.com/document/162693237/Criminology-Clean, W.J. Morrison.

[7]Refinement of Doctrine of Natural Justice, Law teacher,

 (Feb 10, 2018) https://www.lawteacher.net/free-law-essays/constitutional-law/refinement-of-doctrine-of-natural-justice-constitutional-law-essay.php.

[8]State of Gujrat v. Kishanbhai, Criminal Appeal No. 1485 OF 2008.

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[9]Ibid.

[10] Supra note 8.

[11]Hanging of Conscience: Case of Afzal Guru, Indian resists (Feb 13, 2018), http://www.indiaresists.com/hanging-of-conscience-case-of-afzal-guru/.

[12]N. Tilley, Forensic Science and Crime Investigation (1996), http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.629.5526&rep=rep1&type=pdf.

[13] Supra note 8.

[14]Tony Johnson, Burden of Proof in Criminal Cases – Its Scope and Application in India, Acaademia.Edu

 (Feb 9, 2018) http://www.academia.edu/22889113/burden_of_proof_in_criminal_cases_-_its_scope_and_application_in_india.

[15]A.K. Saxena v. Union of India, O.A. No.952/2012.

[16]Yogesh Pratap Singh, Criminal Justice System on Trial, LiveLaw(Feb 12, 2018), http://www.livelaw.in/criminal-justice-system-trial/.

[17]India’s Criminal Justice System: An Example of Justice Delayed, Is Justice Denied, First Post, (Feb 13, 2018), http://www.firstpost.com/long-reads/indias-criminal-justice-system-an-example-of-justice-delayed-justice-denied-3475630.html.

[18]Supra note 13

[19]Jeremy McBride, Human Rights and Criminal Procedure the Case Law of theEuropean Court Of Human Rights, ECHR (Feb 11, 2018), https://www.echr.coe.int/documents/pub_coe_criminal_procedure_2009_eng.pdf.

[20]Sh. Vishwa Vibhuti v. Central Bureau of Investigation, WP(Crl.) No.870/2010.