Flaws in Investigation and Judicial Processes Highlight Need for Criminal Justice Reforms

Source: The post flaws in investigation and judicial processes highlight need for criminal justice reforms has been created, based on the article “The Bareilly case and a flawed criminal justice system” published in “The Hindu” on 10th June 2024

UPSC Syllabus Topic: GS Paper 2 – Governance-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article discusses a case in Bareilly where a woman was jailed for allegedly fabricating a rape accusation. It highlights police investigation flaws, prolonged undertrial detention, issues with fast-track courts, and the need for reforms in the criminal justice system.

For detailed information on India’s criminal justice system read this article here

What happened in this case?

In 2019, a mother filed a missing person’s complaint for her daughter, who later claimed she was kidnapped and raped. However, her statements had contradictions and lacked medical evidence. She later said her mother and a police officer forced her to lie.

The accused was acquitted in 2024 due to lack of evidence, and the complainant was convicted of perjury.

What were the investigation flaws?

1.Age Misjudgment: The girl’s age was misjudged as 18, not 15, based on an external medical examination. Proper verification was crucial.

2.Lack of Medical Evidence: No thorough medical examination was conducted, and the girl’s refusal to undergo one weakened the case.

3.Crime Scene Neglected: The alleged crime scene in Delhi was neither located nor examined.

4.Forensic Evidence Missing: The clothes worn by the girl were not collected for forensic analysis.

5.Witnesses Not Questioned: Ramesh’s mother and sister, who allegedly witnessed the crime, were neither charged nor questioned.

For more information on Issues in the criminal justice system read this article here

What are the implications of this case?

1.Investigation Flaws: The case shows serious gaps in police work. Important evidence was missing, like medical examinations and forensic analysis. Crime scenes were not investigated, and witnesses were not questioned.

2.Judicial Oversight: The magistrate and public prosecutor did not address the investigation’s flaws. The magistrate could have directed further investigation under Section 173(8) of the CrPC.

3.Prolonged Detention: The accused was in jail for over four years with 109 hearings over 1,559 days. Most hearings were adjourned, partly due to COVID-19. His bail was denied due to the serious nature of the offence, and his family couldn’t afford an appeal.

4.Fast-Track Courts: Despite a budgetary allocation of around ₹2,000 crore and the scheme’s extension till 2026, systemic challenges in fast-track courts remain unaddressed. These courts lack dedicated infrastructure and judges, causing delays. The case took much longer than expected, showing the inefficiency of fast-track courts.

Question for practice:

Examine the investigation flaws highlighted in the Bareilly case involving a fabricated rape accusation.