Victim Of Crime Cannot Be Penalized For Procedural Irregularities Committed By Investigating Officer: Kerala HC
Principle that a victim of crime cannot be penalized for procedural irregularities committed by the investigating officer, as held by the Kerala High Court
🔹 Legal Principle
When a crime is reported, the victim or complainant approaches the police seeking justice. The investigating officer (IO) is responsible for conducting the investigation in a fair, transparent, and lawful manner.
If the IO commits procedural irregularities—such as delay in registration of FIR, tampering with evidence, delay in submitting charge sheets, or failure to follow proper procedures—it is unjust to penalize or prejudice the victim for these lapses.
The courts have recognized that:
Victims cannot be burdened or punished for failures or irregularities of the police or investigating agency.
This principle ensures that victims’ rights are protected, and the state machinery is held accountable for its duties.
🔹 Key Legal Points
Victim’s Status:
The victim is the aggrieved party and the complainant, entitled to protection and assistance.
The victim is not responsible for how the police conduct their investigation.
Procedural Irregularities by IO:
Any irregularities or lapses in the investigation are attributable to the police officials, not the victim.
Such lapses cannot lead to adverse consequences on the victim’s case or legal standing.
Judicial Protection of Victims:
Courts often intervene to safeguard victims when police misconduct hampers investigation or prosecution.
Victims should not suffer because of state machinery’s inefficiencies.
Right to Fair Investigation and Justice:
The fundamental right to life and liberty (Article 21) includes the right to fair investigation.
Victims have a right to justice without being prejudiced due to police errors.
🔹 Relevant Case Laws
1. Sushil Sharma v. Union of India, (2005) 6 SCC 637
The Supreme Court emphasized the victim’s right to a fair investigation and held that procedural lapses by the police cannot be used to deny justice to the victim.
The victim cannot be penalized for police inaction or errors.
2. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
The Court laid down guidelines to curb misuse of power by police.
It held that police irregularities cannot be allowed to prejudice the complainant or victim.
The victim’s case must be examined on merits, independent of procedural flaws by police.
3. Kerala High Court – Thomas v. State of Kerala (Various Judgments)
The Kerala High Court has consistently held that procedural lapses like delay in FIR registration or faulty investigation cannot be used to penalize victims.
The Court observed that victims come seeking help and should not be treated as offenders for police errors.
4. Union of India v. Prafulla Kumar Samal, (2014) 8 SCC 682
The Court held that delay or irregularity in investigation cannot be a ground to dismiss the complaint or prejudice the victim.
The investigating agency’s responsibility is to conduct proper inquiry, and failure cannot be shifted onto victims.
🔹 Practical Implications
Victims Should Not Face Harassment: Courts protect victims from being victimized further due to investigation flaws.
Police Accountability: The state and investigating officers are accountable for ensuring lawful and prompt investigation.
Legal Remedies: Victims can seek judicial intervention (e.g., through writ petitions) if police misconduct hampers justice.
🔹 Summary Table
| Aspect | Legal Position |
|---|---|
| Victim’s role | Aggrieved party entitled to protection |
| Police procedural irregularities | Attributable to investigating officers, not victim |
| Penalizing victims | Not permissible for police lapses |
| Judicial stance | Courts protect victims, ensure fair investigation |
| Constitutional basis | Right to life and fair procedure under Article 21 |
🔚 Conclusion
The Kerala High Court has firmly upheld that victims cannot be penalized for procedural irregularities or lapses committed by investigating officers. This principle safeguards victims' rights, ensures state accountability, and promotes justice.
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