Presumption Of Innocence And Investigative Failure: An Inquiry Into Police Accountability And The Crisis Of Victim Justice In India
- IJLLR Journal
- Feb 4
- 1 min read
Poonam Tamrakar, Assistant Professor, Hitkarini Law College, Jabalpur, Madhya Pradesh
ABSTRACT
The Indian criminal justice system is constitutionally anchored in the protection of personal liberty under Article 21 of the Constitution of India, with the presumption of innocence serving as a foundational safeguard against arbitrary State action. However, the effective operation of this principle is critically dependent on the quality and integrity of police investigation. In India, investigative lapses ranging from negligence and delay to mala fide conduct frequently result in acquittals, not due to the innocence of the accused, but owing to the prosecution’s failure to meet the constitutional standard of proof. While courts are compelled to extend the benefit of doubt in such cases, these outcomes expose systemic deficiencies in police accountability and disproportionately undermine victim justice. This paper examines the intersection between the presumption of innocence and investigative failure, analysing judicial responses, statutory provisions, and institutional constraints governing police conduct. It argues that the crisis lies not in the presumption of innocence itself, but in the absence of a calibrated accountability framework for investigative officers. The paper concludes by emphasising the need for structural reform to ensure fair, competent, and accountable investigation without compromising constitutional protections.
Keywords: Presumption of Innocence; Investigative Failure; Police Accountability; Article 21; Victim Justice; Defective Investigation; Criminal Justice System; Wrongful Acquittal
