Police officers be punished on acquittal of accused in criminal cases: SC


New Delhi, Jan 7 (PTI): Every acquittal in a criminal case should be understood as a failure of the justice delivery system and in serving the cause of justice, the Supreme Court today said directing the governments to punish investigating officers in such cases.

A bench of justices C K Prasad and J S Khehar expressed concern over the growing number of acquittals due to poor investigation and directed all state governments to put in place a mechanism within six months for proper training of its officers to ensure the accused is punished and at the same time innocent persons are not framed in criminal cases.

"Every acquittal should be understood as a failure of the justice delivery system, in serving the cause of justice. Likewise, every acquittal should ordinarily lead to the inference that an innocent person was wrongfully prosecuted.

"It is, therefore, essential that every state should put in place a procedural mechanism which would ensure that the cause of justice is served, which would simultaneously ensure the safeguarding of interest of those who are innocent," it said.

The bench directed the Home Department of every state to examine all orders of acquittal and to record reasons for the failure of each prosecution case for finding out mistakes committed during investigation and prosecution.

"On the culmination of a criminal case in acquittal, the concerned investigating/prosecuting official(s) responsible for such acquittal must necessarily be identified. A finding needs to be recorded in each case whether the lapse was innocent or blameworthy. Each erring officer must suffer the consequences of his lapse, by appropriate departmental action, whenever called for," the bench said.

  

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Comment on this article

  • Prashanth Poojary, Karkala

    Wed, Jan 08 2014

    Good verdict by SC,but i feel no benefit if the current prosecution system continues, means now the burden of proof lies with prosecution side it needs to be shifted to the defense side, then only this verdict may yield good result.

    DisAgree Agree [2] Reply Report Abuse

  • Ramesh S, mangalore

    Wed, Jan 08 2014

    ..Laws made & binds only low level people..but politicians always escape by all means..now do & die situation for police..He may fear taking FIR, since politicians will pressure him either to wrongly implicate or weaken the case..In both cases police officer is in receiving end ,nothing will happen to corrupt politicians..Look at Ardash scandal, low level officers suspended where as CM clearly indicated politicians will not be touched!!

    DisAgree Agree [1] Reply Report Abuse

  • jeetendra hegde, mumbai

    Wed, Jan 08 2014

    In this country there is no accountability in the system...If such laws implemented crimes could be controlled very easily...Person who is responsible in failing to unearth crimes or scams should be made accountable whatever misdeeds occurred under his nose..

    DisAgree Agree [5] Reply Report Abuse

  • Prashanth Poojary, Karkala

    Wed, Jan 08 2014

    Well said Hegde brother,thus no accountability in the society is the route cause for problems.

    DisAgree Agree [1] Reply Report Abuse

  • JOHN R LOBO, Kaikamba/Dubai

    Wed, Jan 08 2014

    Supreme Court should also come down heavily against defense lawyers who is responsible for creating fake witness and evidence and
    Also postponing cases years to years...

    It also monitors Corrupt Judges who also partly responsible for mess in the Indian Judicial system.

    DisAgree Agree [10] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Wed, Jan 08 2014

    Whether you call it good or bad, but it will put lot of pressure on Police Officers on duty. At one side people are condemning Police Officers failed to arrest culprits but another hand Indian Courts put pressure on same Police Officers to make ensure that these culprits are getting convicted by same Courts. Can we hold our Judges too responsible for acquittal in some cases even after having sufficient evidence gathered by the Police Department?

    DisAgree [1] Agree [9] Reply Report Abuse

  • NS, M'lore

    Thu, Jan 09 2014

    Very true. Police already avoid registering the case to avoid the burden of investigation. This will make them avoid more.
    The first thing we should do recruits enough police personnel so that they enough time to do the investigation. Currently our police force is so overloaded I pity for them. India has one of the lowest ratio of police to population.

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  • SUNDAR KARITHOTA, HALEANGADI

    Wed, Jan 08 2014

    While filing FIR they will not bother to provide justice to the victims. There is no uniformity of time of incident in Panchaname. During Panchaname people may not have the idea of correct time of the incidents. Police should see that the uniformity of timing is recorded in all evidences of all Panchanae. The case may be aquitted in court due to the nonuniformity of timings.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Santhosh, Mangalore

    Wed, Jan 08 2014

    And what about the Lawyers who fabricate things and help criminals go scot-free? Any punishments for them?

    DisAgree Agree [7] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D., QC, mangalore, ottawa

    Wed, Jan 08 2014

    This is a landmark decision, one that courts of other countries, including Canada, should seriously consider adopting. It will end frivolous prosecutions. It is my view, as a lawyer of 50 years standing, that the term "acquittal" should be construed in its proper sense, i.e. after appropriate trial, and not on technical grounds, such as a failure to bring a prosecution within a reasonable time.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Fredrick Correa, Pernal/Mumbai

    Tue, Jan 07 2014

    This is a good move. Why should the innocent people be taken through the criminal process for no fault of theirs? And why should the guilty go scot free because of the negligence and incompetence of the police?

    DisAgree [2] Agree [22] Reply Report Abuse


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Title: Police officers be punished on acquittal of accused in criminal cases: SC



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