SUBJECT: “ADMINISTRATION OF CRIMINAL JUSTICE ”

A project report on:

“A REVIEW OF TRIAL PROCESS IN INDIA ”

SUBMITTED TO: SUBMITTED BY:

MR. SANKALP SINGH MS. SOMYA

AGRAWAL

(ASSISTANT PROFESSOR) SEMESTER

VIII

BAL/102/18

1
 ACKNOWLEGDEMENT

The success and final outcome of this project required a lot of guidance and assistance from
many people and I am extremely privileged to have got this all along the completion of my
project. All that I have done is due to such supervision and assistance and I would not forget to
thank them.”

Firstly, I am extremely obliged to Dharmashastra National Law University to provide me such

an opportunity to do this project.

I respect and thank to Our Respected Vice-Chancellor Prof. (Dr.) V. Nagaraj, Dean Of
Academics Mr. Manwendra Kumar Tiwari and owe my deep gratitude to my project guide Mr.
Sankalp Singh (Assistant Professor of Law) she guided me “all along, till the completion of my
project work by providing all the necessary information for developing a good system.”

At last, I would like to thank my family & friends.

Ms. Somya Agrawal

BAL/102/18

13th June, 2022

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 TABLE OF CONTENTS

1. INTRODUCTION……………………………………………………………………….3
2. VARIOUS PROVISIONS RELATED TO TRIAL IN CrPC…………………………….5
3. CONCEPT OF FAIR TRIAL……………………………………………………………..8
4. TYPES OF TRIAL………………………………………………………………………11
5. JUDICIAL DEVELOPMENT………………………………………………………….14
6. CRITICAL EXAMINATION OF TRIAL PROCESS…………………………………16
7. Recommendation………………………………………………………………………..18
8. CONCLUSION………………………………………………………………………… 19
9. BIBLIOGRAPGHY…………………………………………………………………......20

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 CHAPTER 1
INTRODUCTION
“Every person has the right to a fair trial both in civil and in criminal cases and the effective
protection of all human rights very much depends on the practical availability at all times of
access to competent, independent and impartial courts of law which can and will administer
justice fairly. The right to a fair trial is an ancient one and is synonymous with the trial process
itself. A trial is a process by which a court decides on the innocence or guilt of an accused
person. The procedure for the trial is found in the Code of Criminal Procedure, 1973, the Indian
Penal Code, 1860 and the Indian Evidence Act, 1872. The broader principles underline the trial
processes are also found in international law and constitution of India. Fairness in procedural
terms principally aims to achieve Equality before the law.”
“In a Criminal matter inquiry is something different from trail. Under the Code of Criminal
procedure, investigation consist steps of 1. Proceedings on the spot. 2. Ascertain all the facts and
circumstances of the case. 3. Discovery and arrest of suspected offender. 4. Collection of
evidence relating to commence of the offence. The word investigation cannot be limited only to
Police investigation but includes the investigation carried by any agency whether he be the
Police officer or empowered authorized officer. The word investigation has to be read understand
in the light of not only the powers conferred on Police Officer but the restitutions placed on them
in the use and exercise of such powers.” The powers of the Police officer to investigate in the
cognizable offence is ordinarily not to be interfered with by the Judiciary as was held in STATE
OF BIHAR VS. JAC SALDENNA1
“The Hon'ble Supreme Court of India observed the evolving horizons of fair trial and stated that
the principle of fair trial now informs and energizes many areas of the law. It is reflected in
numerous rules and practices. It is a constant, ongoing development process continually adopted
to new and changing circumstances and exigencies of the situations, peculiar at times and related
to the nature of crime, person involved, directly or operating behind, social impart and societal
needs and even so many powerful balancing factors which may come in the way of
administration of criminal justice.”

1
1980 SC 226.

4
 CHAPTER 2
PROVISIONS RELATED TO TRAIL IN CrPC
(a) “Many of the rights available to the accused during investigation till the stage of trial emerge
from Article-212 of the Constitution which reads “No the person shall be deprived of his life or
personal liberty except according to the procedure established by law.” The manner in which a
crime is investigated is not a matter for the police, but it has an effect on the trial to be conducted
in the court.”

(b) “The proviso of Sec.1543 of Cr.P.C. goes to show that if the information is given by the women
against whom an offence Under Secs.326-A, 326-B, 354, 354-A to D, 376, 376-A to E or
Sec.509 of IPC, is alleged to have been committed or attempted such information shall be
recorded by a Woman Police Officer or any Woman Officer. If such victim is temporarily or
permanently mentally or physically disabled such information shall be recorded by a Police
Officer at the residence of such person or at convenient place of such person’s choice in the
presence of interpreter or a special judicator.”

(c) “The recording of such information shall be video graphed and the police officer shall get the
statement of such victim by a Judicial Magistrate as per Sec.1544 Sub Sec.5 A of Cr.P.C. as
possible. If the above provision is not followed strictly it would affect the fair trial norms and
ultimately it affects the result of the trial process.”

(d) “The officer-in-charge of a police station may without the order of Magistrate investigate any
cognizable case within the limits of such station as per Sec.156 5 of Cr.P.C. but so far as non-
cognizable case is concerned police officer shall not investigate the same without the order of the
Magistrate having power to trial such case or commit the case for trial.”

2
Protection of life and personal liberty- No person shall be deprived of his life or personal liberty except according
to procedure established by law .
3
Information in cognizable cases.
4
Ibid.
5
Police officer' s power to investigate cognizable case.

5
(e) “Sec.1576 of Cr.P.C. deals with the procedure for investigation which says if the police officer
has reason to suspect commission of a cognizable offence he shall forthwith send a report to the
Magistrate and proceed to the scene of offence investigate the matter in person or to depute his
sub-ordinate to investigate and investigate the facts and circumstances of this case and to take
steps to discover and arrest of the offender.”

(f) “During investigation and examination of witnesses by the police as per Sec.1617 of Cr.P.C. the
Magistrate may orally examine any person who are acquainted with the facts and circumstances
of the case and such person shall be bound to answer truly the questions relating to the case other
than the questions, the answers to which would have a tendency to expose him to a criminal
charge or a penalty to a forfeiture.”

(g) “As per Article-20 (3)8 of Constitution of India which provides that "no person accused of an
offence shall be compelled to be a witness against himself." Since as per our criminal
jurisprudence, the accused is must be presumed to be innocent until the contrary is proved.
Hence it is the duty of the prosecution to prove the offence. The accused need not make any
admission or statement against his freewill. As such as per Sec.161 (2) 9 of Cr.P.C. he need not
give any answer which would have a tendency to expose him to a criminal charge or to a penalty
to forfeiture.”

(h) “The accused has a freedom from arbitrary arrest and detention. He must be informed of all the
grounds of arrest, his relatives must be informed of his arrest and he has a right to consult an
advocate i.e., representation by a legal practitioner of his choice as per Article-22 10 of the
Constitution. The accused has a right to be produced before a Magistrate within 24 hours of
arrest and not to be detained beyond 24 hours without the approval of a Magistrate.”

6
Procedure for investigation preliminary inquiry.
7
Examination of witnesses by police.
8
No person accused of any offence shall be compelled to be a witness against himself
9
The police officer may reduce into writing any statement made to him in the course of an examination under this
section; and if he does so, he shall make a separate and true record of the statement of each such person whose
statement he records.
10
Protection against arrest and detention in certain cases

6
(i) “In case of trial before a Magistrate, the police must give the Magistrate all relevant supporting
documents as well as the statements of all witnesses on which the prosecution intends to rely.
Section 17311 of Cr.P.C. places a continuous duty on the investigating officer to forward to the
Magistrate any additional reports that may be necessary to keep the court updated of further facts
that may have come to light or further evidence that the police may have obtained.”

(j) “Secs.207 and 208 of the Cr.P.C. mandate that in any criminal proceedings instituted upon a
police report, the Magistrate must freely furnish the following copies to the accused.”
1. Copy of police report.
2. Copy of FIR
3. All the statement of prosecution witnesses.
4. Any recorded confession
5. Any other documents

(k) “Section 31912 deals with a case where the evidence in courts of the enquiry or trial before a
Magistrate discloses that some person, who was not originally mentioned in the complaint or the
Charge Sheet as the accused had committed the offence.”

(l) “Section 204 (313) lays down that along with summons or warrant issued to the accused, a copy
of the complaint would also be forwarded to him.”

11
Sec 173 of CrPC -Report of police officer on completion of investigation.
12
Sec 319 of CrPC -Power to proceed against other persons appearing to be guilty of offence.
13
Sec 204(3) of CrPC- In a proceeding instituted upon a complaint made in writing every summons or warrant issued
under sub- section (1) shall be accompanied by a copy of such complaint.

7
 CHAPTER 3
CONCEPT OF FAIR TRIAL
“The concept of fair trial is based on the basic ideology that State and its agencies have the duty
to bring the offenders before the law. Denial of a fair trial is as much injustice to the accused as it
is to the victim and to society. Fair trial obviously would mean a trial before an impartial judge, a
fair prosecutor and an atmosphere of judicial calm.”

“The right to a fair trial is a fundamental safeguard to ensure that individuals are protected from
unlawful or arbitrary deprivation of their human rights and freedoms, most importantly of the
right to liberty and security of person.”

“The requirement of fair trial involves two things: (a) an opportunity to the accused to secure a
counsel of his own choice, and (b) the duty of the state to provide a counsel to the accused in
certain cases. The Law Commission of India in its 14 th Report has mentioned that free legal aid
to persons of limited means is a service which a Welfare State owes to it citizens.”

“In India, right to counsel is recognized as fundamental right of an arrested person under Article
22(1)14 which provides, inter alia, no person shall be denied the right to consult, and to be
defended by, a legal practitioner of his choice. Sections 303 15 and 30416 of the Code are
manifestation of this constitutional mandate.”

“In KHATRI V. STATE OF BIHAR17 the court held that the accused is entitled to free legal
services not only at the stage of trial but also when first produced before the Magistrate and also
when remanded.”

14
Article 22(1) of the Indian Constitution- No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be
defended by, a legal practitioner of his choice
15
Sec 303 of CrPC- Right of person against whom proceedings are instituted to be defended. Any person accused of
an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be
defended by a pleader of his choice.
16
Sec 304 of CrPC- Legal aid to accused at State expense in certain cases.
17
1981 SCR (2) 408

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“Article 39-A18 was also inserted in the Constitution as per 42 nd Amendment, 1976 which
requires that the state should pass suitable legislations for promoting and providing free legal aid.
To fulfill this Parliament enacted Legal Services Authorities Act, 1987. Section 12 of the Act
provides legal services to the persons specified in it.”

“Fair trial also requires public hearing in an open court. Section 327 19 of the Code makes
provision for open courts for public hearing but it also gives discretion to the presiding judge or
magistrate that if he thinks fit, he can deny the access of the public generally or any particular
person to the court during disclosure of indecent matter or when there is likelihood of a
disturbance or for any other reasonable cause.”

“In the case of NARESH SRIDHAR MIRAJKAR V. STATE OF MAHARASHTRA 20 the apex
court observed that the right to open trial must not be denied except in exceptional
circumstances. High court has inherent jurisdiction to hold trials or part of a trial in camera or to
prohibit publication of a part of its proceedings.”

SPEEDY TRIAL – “Speedy trial is necessary to gain the confidence of the public in judiciary.
Delayed justice leads to unnecessary harassment. The concept of speedy trial is an integral part
of article 21 of the Constitution. The right to speedy trial begins with actual restraint imposed by
arrest and consequent incarceration, and continues at all stages namely, the stage of
investigation, inquiry, trial, appeal and revision.”

“In HUSSAINARA KHATOON V. STATE OF BIHAR 21 the Supreme Court declared that
speedy trial is an essential ingredient of ‘reasonable just and fair’ procedure guaranteed by article
2122 and it is the constitutional obligation of the state to set up such a procedure as would ensure
speedy trial to the accused. The state cannot avoid its constitutional obligation by pleading
financial or administrative inadequacy.”

18
Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards
securing (a) that the citizens, men and women equally, have the right to an adequate means to livelihood;
19
Sec 327 of CrPC- Court to be open
20
1966 SCR (3) 744
21
1979 AIR 1360
22
 Supra note 2

9
“Article 1423 of the Constitution ensures that the parties be equally treated with respect to the
introduction of evidences by means of interrogation of witnesses. The prosecution must inform
the defence of the witnesses it intends to call at trial within a reasonable time prior to the trial so
that the defendant may have sufficient time to prepare his/her defence. In fairness to the accused,
he or his counsel must be given full opportunity to cross-examine the prosecution witness.”

“In MOHD. HUSSAIN JULFIKAR ALI VS. THE STATE (GOVT. OF NCT) DELHI 24 it was
held that every person has a right to have a fair trial. A person accused of serious charges must
not be denied of this valuable right. Appellant was not provided an opportunity to cross examine
the fifty six witnesses. Only one witness was cross-examined to complete the formality. Hence
appellant’s conviction and sentence was set aside.”

“In BADRI V. STATE OF RAJASTHAN25, the court held that where a prosecution witness was
not allowed to be cross examined by the defence on a material point with reference to his earlier
statement made before the police, his evidence stands untested by cross-examination and cannot
be accepted as corroborating his previous statement.”

23
Equality before law -The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.
24
CRIMINAL APPEAL NO. 1091 OF 2006
25
1976 AIR 560

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 CHAPTER 4
TYPES OF TRIAL
i) SUMMARY TRIAL
Section 26026 Cr.P.C. provides that “any Chief Judicial Magistrate or Metropolitan Magistrate or
a Magistrate of First Class specifically empowered by the Hon’ble High Court may try
summarily certain offences which are enumerated in that section. The offences are generally
simple offences for which the imprisonment prescribed does not exceed Two (2) years. In the
case of Summary Trial, as soon as the accused is brought before the court, he is questioned with
reference to the accusation leveled against him. If he pleads guilty that fact should be recorded in
the Summary Trial Register, but the case record should contain the questions put to the accused
and the answer given by him in his own words. When the accused pleads guilty the Magistrate
can immediately pass the appropriate sentence by making an entry in the prescribed column in
the Summary Trial Register. No separate Judgment need to be pronounced in such a case. If, on
the other hand, the accused pleads not guilty, the evidence of the prosecution witnesses should be
recorded. But, here again there is no need to record the evidence of the witnesses in the form of
elaborate depositions as is done in the case of normal trial, but only the substance of their
statements need to be recorded in the form of memorandum, which need not be signed by the
witnesses. But, prudence requires that even in the Summary Trials, the statement of witnesses are
recorded faithfully and elaborately and there is nothing wrong in obtaining the signatures of
witnesses under their statements.”

ii) TRIAL ON WARRANT CASES INSTITUTED ON POLICE REPORT

“After the Charge Sheet in filed, it should be registered as a Calendar Case and the summons
should be issued to the accused. As soon as accused appears or is produced before the court, the
Magistrate should assure himself whether the accused was supplied with all the documents
referred in Section 20727 of Cr.P.C., After considering the record and the answers given by the
accused to the questions put to him, the Magistrate may discharge the accused U/s 239 28 of
26
Power to try summarily.
27
Supply to the accused of copy of police report and other documents. In any case where the proceeding has been
instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each.
28
When accused shall be discharged. If, upon considering the police report and the documents sent with it under
section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving

11
 Cr.P.C., after recording his reasons therefore, if he feels that the Charge against the accused is
groundless. If after considering the material mentioned therein, the Magistrate feels that it is not
a fit case for discharge and that charges under the appropriate sections should be framed, he may
do so and record the plea of accused. If the accused pleads guilty he may straight away Convict
and pass sentence U/s 24129 of Cr.P.C., If the accused pleads not guilty, evidence of prosecution
witnesses should be recorded. After the evidence of prosecution side witnesses, the accused
should be questioned U/s 31330 of Cr.P.C., The defence witnesses if any should thereafter be
examined. After the evidence of defence witnesses, arguments are heard and Judgment of
Conviction or Acquittal is to be pronounced U/s 24831 of Cr.P.C.”

iii) TRIAL OF WARRANT CASE ON PRIVATE COMPLAINT

“Section 204 (3)32 lays down that along with summons or warrant issued to the accused, a copy
of the complaint would also be forwarded to him. When the accused appears or is produced
before court, the Magistrate may adjourn the case to another date to enable the complainant to
produce his witnesses. When the witnesses are so produced, their evidence is recorded. If a
warrant case is instituted on a private complaint, the accused gets two opportunities to cross-
examine prosecution side witnesses once before framing of the charge and again after the charge
is framed. After the charge is framed the accused should be asked to plead. If the accused pleads
guilty, the Magistrate may immediately convict and sentence him. If on the other hand, the
accused pleads not guilty he should be questioned on the next date of hearing, whether he desires
that any of the prosecution side witnesses already examined should be recalled for further cross-
examination. If he expresses such a desire, though witnesses whom he proposed to further cross-
examine should be recalled and the case should be adjourned to another date. After such further
cross-examination, evidence of remaining prosecution witnesses if any should be recorded.
Thereafter, the accused once again be questioned U/s 31333 of Cr.P.C., after completing the

the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the
accused to be groundless, he shall discharge the accused, and record his reasons for so doing
29
Conviction on plea of guilty, the accused pleads guilty, the Magistrate shall record the plea and may, in his
discretion, convict him thereon.
30
Power to examine the accused.
31
Acquittal or conviction.
32
Supra note 11
33
Supra note 28

12
 defence evidence, if any, arguments should be heard and a Judgment of Conviction or Acquittal
should be delivered U/s 24834 of Cr.P.C.”

iv) TRIAL OF SUMMONS CASE

“There is no difference in the procedure between trial of Summons Cases instituted on private
complaints and 'Trial of Summons Cases instituted on Police Charge Sheets. When the accused
appears or is brought before the court, he should first of all be questioned with reference to the
contents of the complaint or Charge Sheet and he should be asked whether he pleads guilty or
not U/s 25135 of Cr.P.C., If the accused pleads guilty, he may immediately reconvicted and
sentence U/s 25236 of Cr.P.C., If he does not plead guilty the case should be adjourned to another
date for examining of prosecution list of witnesses. If the witnesses are examined, the accused
should be questioned generally with reference to their evidence U/s 313 37 of Cr.P.C., If the
accused cites any defence witnesses or desires to give evidence, himself, their evidence should
also be recorded and arguments should be heard. Thereafter, a Judgment of Conviction or
Acquittal follows U/s 25538 of Cr.P.C.”

CHAPTER 5

34
Supra note 29
35
Substance of accusation to be stated. When in a summons- case the accused appears or is brought before the
Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether
he pleads guilty orhas any defence to make, but it shall not be necessary to frame a formal charge.

36
Conviction on plea of guilty. If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible
in the words used by the accused and may, in his discretion, convict him thereon.
37
Supra note 31
38
Supra note 29

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 JUDICIAL DEVELOPMENT
JUDICIAL PRONOUNCEMENTS TO ENSURE FAIR
INVESTIGATION

1. AMITBHAI ANILCHANDRA SHAH V. CBI39

“An investigator is the kingpin of criminal justice delivery system.”

2. NIRMAL SINGH KAHLON VS STATE OF PUNJAB & ORS40

“An accused is entitled to a Fair Investigation. Fair investigation and fair trial are concomitant to
preservation of fundamental right of an accused under Article 21 of the Constitution of India.”

3. R.P. KAPUR VS. STATE OF PUNJAB41

“The Investigating Officer is not to bolster up a prosecution case with such evidence as may
enable the court to record conviction but to bring out the real unvarnished truth. The entire
emphasis on a fair investigation has to be to bring out the truth of the case before the court of
competent jurisdiction Investigating agencies are guardians of the liberty of innocent citizens.
Therefore, a heavy responsibility devolves on them of seeing that innocent persons are not
charged on an irresponsible and false implication.”

4. STATE OF BIHAR VS. P.P. SHARMA42

“Investigation is a delicate painstaking and dexterous process. The investigator must be alive to
the mandate of Article 21 and is not empowered to trample upon the personal liberty arbitrarily.
High responsibility lies upon the investigating agency not to conduct an investigation in tainted
and unfair manner. The investigation should not prima-facie be indicative of a biased mind and
every effort should be made to bring the guilty to law.”

5. BABUBHAI VS STATE OF GUJARAT 43

39
(2013) 6 SCC 348
40
(2009) 1 SCC 441
41
AIR 1960 SC 866
42
AIR 1991 SC 1260
43
(2010) 12 SCC 254

14
 “Fair investigation is part of constitutional guarantee under Article 20 and 21 of the Constitution
and it is minimum requirement of Rule of Law. Investigation must be fair, transparent and
judicious and free from objectionable features like bias, ulterior motive or other similar
infirmities. It is the duty of the Investigating Officer to conduct the investigation avoiding any
kind of mischief and harassment to any of the accused. The Investigating Officer should be fair
and conscious to rule out any possibility of fabrication of evidence and his impartial conduct
must dispel any suspicion as to its genuineness.”

6. VINAY TYAGI VS IRSHAD ALI44

“Fair and Proper Investigation’ in criminal jurisprudence has twin purpose. Firstly, the
investigation must be unbiased, honest, just and in accordance with law. Secondly, the entire
emphasis on a fair investigation has to be to bring out the truth of the case before the court of
competent jurisdiction.”

7. CBI VS RAJESH GANDHI45

“No one can insist that an offence be investigated by a particular agency. An aggrieved person
can only claim that the alleged offence be investigated fairly and properly. Accused has no right
with reference to the manner of investigation.”

CHAPTER 6
44
(2013) (5) SCC 762
45
(1996) 11 SCC 253

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 CRITICAL EXAMINATION OF TRIAL PROCESS IN INDIA
1. “Criminal trial is meant for doing justice not only to the victim but also to the accused and the
Society at large. Every criminal trial is a voyage of discovery in which truth is the quest. The
primary object of criminal trial is to ensure fair trial which is guaranteed under Art.21 of the
Constitution of India. A fair trial has, therefore, two objects in view. It must be fair to the
accused and must also be fair to the prosecution.”
2. “The recent trend is to delay the trial and threaten the witnesses or to win over the witnesses by
promise or inducement. These malpractices need to be curbed and public justice can be ensured
to the satisfaction of all concerned only when trial is conducted expeditiously.”
3. “The criminal law has a purpose to serve. Its object is to suppress criminal enterprise and punish
the guilty. In this process it must however be ensured that reasonable doubts alone are given to
the accused.”
4. “Judges should remember that the power of the judge to put questions to any of the witnesses or
parties under Sec. 16546 of the Evidence Act is a wide power. The only functionary in the
criminal trial who can ask even irrelevant questions is the presiding judge. Hence, whenever the
presiding judge finds that a particular point emanating from the case needs elucidation or a
further probe, he should not hesitate to intervene and clarify the position. He can also press into
service Section 31147 Cr.P.C. in his endeavor to arrive at the truth.”
5. “When the accused objects to the presence of a police officer or other person inside the court
hall, the trial judge has to consider his objections, having regard to the intelligence and the
susceptibilities of the class to which he belongs and such other relevant circumstances.”
6. “The investigating officer must be present at the time of trial of murder cases and if he fails to be
present, the Sessions Judge must issue summons to him.”
7. “Criminal justice should not be allowed to become a causality for the wrongs committed by the
investigating officers. The conclusion of the court in a criminal trial cannot be allowed to depend
solely on the probity of investigation. Even if the investigation is illegal or even suspicious, the
court can independently scrutinize the rest of the evidence uninfluenced by illmotivated
investigation.”

46
Judge’s power to put questions or order production
47
Power to summon material witness, or examine person present.

16
8. “It is the game of unscrupulous lawyers to get adjournments for one excuse or the other till a
witness is won over or is tired. Not only that a witness is threatened; he is abducted; he is
maimed; he is done away with; or even bribed. There is no protection for him. In adjourning the
matter without any valid cause a court unwittingly becomes party to miscarriage of justice. A
Judge is looked upon as an embodiment of justice. Assurance of fair trial is the first imperative in
the dispensation of justice. It cannot be denied that one of the most valuable rights of our citizens
is to get a fair trial free from an atmosphere of prejudice.”
9. “It is only the duty of the investigating officer to book the real culprit, but it is also duty of the
investigating officer to protect the one who is innocent.”
10. “The investigating officer is not merely present to strengthen the case of the prosecution with
evidence to enable the court to record a conviction but to bring out the real unvarnished version
of the truth.”

CHAPTER- 7
RECOMMENDATIONS

17
“To improve the credibility of the investigating Police and to improve its efficiency and
professionalism and insulate it from external pressures. Officers of the level of Superintendents
of Police or higher level officers are entrusted under the laws referred to above to record
confessions fairly and without subjecting the accused to duress or inducement. If the confession
is audio/video recorded, it would lend further assurance that the accused was not subjected to any
form of compulsion. It is not our case that the conviction should be based only on a confession.
The confession should be considered by the courts along with other evidence.”

“It was recommended that section 2548 of the Evidence Act may be suitably substituted by a
provision rendering admissible, the confessions made before a Police Officer of the rank of
Superintendent of Police and above. Provision should also be made to enable audio/video
recording.”49

CHAPTER-8

48
 Confession to police officer not to be proved.—No confession made to a police officer1, shall be proved as
against a person accused of any offence.—No confession made to a police officer1, shall be proved as against a
person accused of any offence."
49
Ibid.

18
 CONCLUSION
“Whenever any offence is committed it results in the invasion of the rights of the citizen and the
victim is entitled to complain about such invasion. The object of the penal law is to protect life,
liberty and property of the citizen. Because of the burden placed on investigating and producing
evidence large number of victims of non - cognizable offences do not file complaints. They stand
deprived and discriminated. This is one of the reasons for the citizens’ losing faith and
confidence in the Criminal Justice System. As justice is the right of every citizen it is not fair to
deny access to justice to a large section of citizens by classifying certain offences as non-
cognizable.”
“Law should provide free and equal access to all victims of crime. Victims feel ignored and are
crying for attention and justice A victim of crime has a right to legal assistance at every stage of
the case subject to the fulfillment of the means test and the `prima-facie case’ criteria.”
“What is true for the police is also true for the judge. Absence of timely attention by the judge to
the quantity and quality of basic material and procedural safeguards relating to record keeping,
which will ground the charge, increases pendency and breaches the safeguards built into the
procedure that requires judicial scrutiny at this very juncture of the process. To be able to say
that there is indeed a rational basis for his decision to proceed with or discharge the case, the
judge must ensure that all the required papers accompany the charge sheet. He must
subsequently examine each paper carefully for chronological and factual consistency and detail.
This must be done with absolute objectivity with the sole purpose of assessing that the alleged
actions do ground the charges made against the accused.”

CHAPTER – 9
19
 BIBLIOGRAPGHY

 https://crlreview.in/summary-trials-under-crpc/

 https://www.dictionary.com/browse/trial

 https://www.ukessays.com/essays/law/different-kinds-of-trial-under-crpc-law-essay.php

  https://blog.ipleaders.in/difference-between-session-trial-and-warrant-trial/

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