Unfair Investigation by Police

A fair and impartial police investigation is a cornerstone of a just legal system. However, there are instances when individuals may feel that the police investigation into a particular matter is unfair, biased or incomplete.

In such situations, it is crucial to be aware of your rights and the avenues available to seek justice and transparency. This article explores the steps you can take when faced with an unfair police investigation.

Section 156(3) of the CrPC: Seeking Proper Investigation

If you suspect that a police investigation is biased or inadequate, you have the option to approach the relevant judicial magistrate under Section 156(3) of the Code of Criminal Procedure(CrPC).

This section empowers the magistrate to direct the police to conduct a proper investigation into the matter. The magistrate can also monitor the investigation to ensure its fairness and thoroughness.

Filing a Protest Petition: Requesting Further Investigation on Unfair Investigation by Police

When dissatisfied with the police report submitted to the magistrate, you can file a protest petition.

This petition, filed under Sections 200 and 202 of the CrPC, allows you to request additional investigation and legal proceedings. It serves as a means to challenge the findings of the police and demand a more comprehensive examination of the case.

High Court Intervention: Transferring the Investigation on Unfair Investigation by Police

In cases where the police are unresponsive to your complaint or continue to conduct an unfair investigation, you can resort to a more drastic measure – filing a petition in the High Court.

This petition seeks to transfer the investigation from the local police to an independent agency or a different jurisdiction. This step is often taken when there are concerns about police bias or corruption in handling the case.

Legal Consequences for Non-Compliance

To ensure that police officers take complaints seriously and conduct fair investigations, the Indian Penal Code (IPC) holds them accountable. An officer who fails to act on a complaint can be subjected to penalties, including imprisonment for up to two years and a fine. This provision aims to deter negligence or intentional disregard for due process.

Challenges and Considerations for Unfair Investigation by Police

While the legal framework provides avenues for addressing unfair police investigations, it is essential to be aware of the challenges and considerations involved:

• Legal Expertise: Navigating the legal procedures mentioned above may require legal knowledge or assistance from a qualified attorney. Seek legal counsel if necessary to ensure that you take the appropriate steps.
• Delayed Justice: Pursuing these legal remedies can be time-consuming and may lead to delays in achieving justice. Be prepared for a potentially lengthy legal process.
• Evidence Preservation: During the course of an unfair investigation, crucial evidence may be compromised or lost. It is essential to document and preserve any evidence relevant to your case.
• Public Awareness: Raising awareness about instances of unfair investigations through media or advocacy can sometimes exert pressure on authorities to address the issue more promptly and fairly.

Conclusion

A fair and impartial police investigation is fundamental to upholding justice and ensuring the rule of law. When confronted with an unfair investigation, individuals have rights and avenues to seek redress.

Sections 156(3), 200 and 202 of the CrPC, along with the option to file a High Court petition, provide mechanisms for addressing these concerns. Additionally, the IPC imposes penalties on officers who neglect their duties. While pursuing these remedies may be challenging, they are essential for holding the police accountable and ensuring a just legal system.