A Study On Investigative Inefficiencies Causing Delays In Criminal Trial
- IJLLR Journal
- Jul 5
- 2 min read
Anbuchezian R, School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University
Heishya S, School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University
ABSTRACT
The procedural delay in the criminal justice system is like a noxious substance that corrupts the entire body, and such are caused by many factors that affects the due process of the criminal trial. This study focuses only on the investigative inefficiencies that is caused by Police and other investigative agencies. In many heinous and gruesome cases, the trial is still ongoing and in some cases due to this negligence and the inefficiency by the investigative team, it has made the prosecution impossible to prove the case beyond reasonable doubt, and that eventually led to the acquittal of the accused. The mere failure by the investigative authorities causes more fatal doubt about the whole criminal Justice legal system. Without proper investigation it is impossible to find the real perpetrator who is actually responsible for the crime. This not only shatters the victim but also makes people to lose their hope on the justice system. This particular factor of investigative inefficiencies can be avoided by that definite measures or reforms that has to be introduced to the Police enforcement, which has been held by the Hon’ble Supreme Court as well, but their implementation remained weak. Following these measures the problem will be eradicated, and a new regime of more efficient and advanced investigative system can be born. This study focuses on the New Criminal procedure code i.e., Bharatiya Nagarik Suraksha Sanhita and their provisions on to curb the procedural delay. This study also focuses on the factor which causes inefficiency and gruesome impact it had on the cases which were brought before the Hon’ble Court. The study critically examines about the reforms and measures in investigative infrastructure, mandatory timelines for the investigation, method of handling and preserving the evidence and investigative training to expedite Justice system and to restore faith in Criminal justice legal system.
Keywords: Procedural delay- Investigative inefficiency- Police- Reforming measures- Criminal Justice legal system.
