{"id":299093,"date":"2024-06-10T20:42:14","date_gmt":"2024-06-10T15:12:14","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=299093"},"modified":"2024-06-10T20:42:14","modified_gmt":"2024-06-10T15:12:14","slug":"flaws-in-investigation-and-judicial-processes-highlight-need-for-criminal-justice-reforms","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/flaws-in-investigation-and-judicial-processes-highlight-need-for-criminal-justice-reforms\/","title":{"rendered":"Flaws in Investigation and Judicial Processes Highlight Need for Criminal Justice Reforms"},"content":{"rendered":"

Source<\/strong>: The post flaws in investigation and judicial processes highlight need for criminal justice reforms has been created, based on the article \u201cThe Bareilly case and a flawed criminal justice system<\/strong>\u201d published in \u201cThe Hindu<\/strong>\u201d on 10th June 2024<\/p>\n

UPSC Syllabus Topic:<\/strong> GS Paper 2 – Governance-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.<\/p>\n

Context<\/strong>: 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.<\/p>\n

For detailed information on India\u2019s criminal justice system<\/strong> read this article here<\/a><\/p>\n

What happened in this case? <\/strong><\/h2>\n

In 2019, a mother filed a missing person\u2019s 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.<\/p>\n

The accused was acquitted in 2024 due to lack of evidence, and the complainant was convicted of perjury.<\/p>\n

What were the investigation flaws? <\/strong><\/h2>\n

1.Age Misjudgment<\/strong>: The girl’s age was misjudged as 18, not 15, based on an external medical examination. Proper verification was crucial.<\/p>\n

2.Lack of Medical Evidence<\/strong>: No thorough medical examination was conducted, and the girl’s refusal to undergo one weakened the case.<\/p>\n

3.Crime Scene Neglected<\/strong>: The alleged crime scene in Delhi was neither located nor examined.<\/p>\n

4.Forensic Evidence Missing<\/strong>: The clothes worn by the girl were not collected for forensic analysis.<\/p>\n

5.Witnesses Not Questioned<\/strong>: Ramesh\u2019s mother and sister, who allegedly witnessed the crime, were neither charged nor questioned.<\/p>\n

For more information on Issues in the criminal justice system<\/strong> read this article here<\/a><\/p>\n

What are the implications of this case?<\/strong><\/h2>\n

1.Investigation Flaws<\/strong>: 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.<\/p>\n

2.Judicial Oversight<\/strong>: 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.<\/p>\n

3.Prolonged Detention<\/strong>: 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.<\/p>\n

4.Fast-Track Courts<\/strong>: Despite a budgetary allocation of around \u20b92,000 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.<\/p>\n

Question for practice:<\/strong><\/p>\n

Examine the investigation flaws highlighted in the Bareilly case involving a fabricated rape accusation.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post flaws in investigation and judicial processes highlight need for criminal justice reforms has been created, based on the article \u201cThe Bareilly case and a flawed criminal justice system\u201d published in \u201cThe Hindu\u201d on 10th June 2024 UPSC Syllabus Topic: GS Paper 2 – Governance-Government policies and interventions for development in various sectors… Continue reading Flaws in Investigation and Judicial Processes Highlight Need for Criminal Justice Reforms<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,162],"tags":[300,212,10498],"class_list":["post-299093","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-polity-governance","tag-governance","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/299093","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=299093"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/299093\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=299093"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=299093"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=299093"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}