Unfair Investigation by Police
Unfair Investigation by Police: An Overview
🔍 What is an "Unfair Investigation"?
An unfair investigation by the police refers to an inquiry or criminal investigation that is:
Biased or prejudiced
Violates legal procedures or individual rights
Conducted with malice, coercion, or influence
Lacks transparency, objectivity, or due process
Such investigations may result in false charges, fabricated evidence, or unjust arrests, undermining the right to a fair trial.
⚖️ Legal Principles Governing Fair Investigation
Article 21 – Right to Life and Personal Liberty (Indian Constitution)
Includes the right to a fair and just procedure.
Unfair investigation violates this fundamental right.
Section 154 to 173 of the CrPC (Code of Criminal Procedure)
Outlines the process of FIR registration, investigation, charge-sheet filing, and closure reports.
Ensures checks and balances during police inquiries.
Judicial Precedents
Courts have repeatedly emphasized that justice must not only be done but also seen to be done.
Investigating officers must act as neutral fact-finders, not prosecutors.
🚨 Examples of Unfair Investigation
Forcing confessions through torture or intimidation
Ignoring exculpatory evidence
Arresting without sufficient cause
Bias due to political or monetary pressure
Tampering with evidence or witness coercion
Targeted investigation based on religion, caste, or gender
🛡️ Safeguards Against Unfair Investigation
1. Judicial Remedies
Writ Petition under Article 226 or 32
High Courts or the Supreme Court can intervene in case of fundamental rights violations.
Application for Anticipatory Bail or Bail
Protects from arbitrary arrest during faulty investigations.
Quashing of FIR under Section 482 CrPC
High Court can quash FIRs that are malicious, baseless, or filed with ulterior motives.
2. Supervisory Authority
Magistrate’s Role (Section 156(3) CrPC):
Can monitor investigation and direct police to act fairly.
Internal Police Oversight & Human Rights Commissions:
Complaints can be filed with the State Police Complaint Authority, NHRC, or SHRC.
3. Transfer of Investigation
In cases of evident bias or mishandling, courts may transfer the investigation to:
CBI (Central Bureau of Investigation)
Special Investigation Team (SIT)
Another police station or agency
🧑⚖️ Important Case Laws
State of Bihar v. P.P. Sharma (1992)
Held that malafide investigations are subject to judicial review.
Maneka Gandhi v. Union of India (1978)
Expanded Article 21 to include procedural fairness in all actions by the State.
Vineet Narain v. Union of India (1998)
Established that investigative agencies must be independent and free from executive interference.
Prabhu Dutt v. Union of India (1982)
Stressed on freedom of press to report on cases and investigation misconducts.
✅ Conclusion
An unfair investigation by police not only violates individual rights but also damages public trust in the legal system. Legal provisions, constitutional safeguards, and judicial oversight aim to ensure fairness, transparency, and accountability in investigations.
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