Victims must be intimated regarding the progress of the investigation: Punjab and Haryana HC
Last Updated on November 12, 2024 by Shianjany Pradhan
Background
The issue was the hearing of the plea under section 528 of the BNSS read with section 447 of BNSS whereby transfer was being sought of an investigation of the FIR in the abetment of suicide case under section 108 of BNS, 2023, wherein the deceased woman was found hanging in her matrimonial home.
Analysis
Directions were issued by the Punjab and Haryana H.C. to the Director general of police of the states of Punjab and Haryana as well as the U.T of Chandigarh for the issuance of necessary instructions for the compliance of Section 193(3) of the BNSS, old that is section 173 of the crpc, by the investigating officers.
It was said by Justice Harpreet Singh Brar that section 193 of the BNSS is the evolved version of section 173(2) of croc, wherein a specific stipulation has been done making the police duty bound to inform the complainant or the informant about the progress of the investigation process within 90 days from the date of the crime.
It is derived from the word “shall, ” that it is mandatory.
The victim or the complainant cannot be shunned aside after the registration of the case, being the significant stakeholders.
The court said that the right to fair investigation is not limited to the accused but extends to the victims.
The quality of the investigation directly impacts the outcome of the trials, and a substandard and biased investigation can lead to a miscarriage of justice.
Case Title:- PXXXX v. XXXX
