Court Directs Police to Adhere to Strict Timelines in Accordance with Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant decision, the Madras High Court (Madurai Bench) has underscored the importance of adhering to the newly established statutory timelines for criminal investigations as per the Bharatiya Nagarik Suraksha Sanhita, 2023. Presiding over the case of Pushpavalli @ Pushbam v. Superintendent of Police, Justice L. Victoria Gowri issued strict directions to ensure the completion of the investigation in Crime No.17 of 2024 within a stipulated timeframe.
The case revolves around a murder incident that took place on January 8, 2024, with the FIR registered on January 11, 2024. Despite previous court orders and a directive to form a proper investigation team, the final report had not been filed, prompting the petitioner to seek timely judicial intervention.
Justice Gowri pointed out that the Bharatiya Nagarik Suraksha Sanhita, 2023, particularly Section 193, mandates that investigations into offences punishable with imprisonment of seven years or more must be completed within ninety days. For lesser offences, the timeline is sixty days. The court noted the absence of any recorded reasons for the investigation delay, as required by Section 193(3), emphasizing that such unexplained delays undermine the justice-centric framework introduced by the new legislation.
The judgment highlighted the statutory provisions designed to ensure promptness and accountability in investigations. Justice Gowri directed the police to file the final report within four weeks, further instructing that any delays must be documented and communicated to the Magistrate. The petitioner was granted the liberty to pursue legal remedies if the directions were not complied with.
This judgment reflects a pivotal shift in India's criminal jurisprudence, moving from a colonial punitive framework to a democratic justice-centric approach. The court's directive seeks to balance fairness for both victims and accused, ensuring that criminal investigations serve as instruments of justice rather than prolonged ordeals.
The ruling is expected to set a precedent for future cases, reinforcing the importance of adhering to statutory timelines and accountability mechanisms as enshrined in the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Bharatiya Nagarik Suraksha Sanhita, 2023 - Strict timelines for investigation under Section 193 must be adhered to, ensuring that investigations are completed promptly to guarantee fairness and justice to both the victim and the accused.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 193(1), Section 193(2), Section 193(3)
