ABSTRACT
“Men may lie but circumstances don’t”, this legal principle is supposed to linger invariably in the minds of the investigating officers, as in the labyrinthine corridors of justice, the investigation serves as the crucial fulcrum that balances the scales between liberty and law. Fair investigation, often heralded as the backbone of criminal justice, is not merely a procedural necessity but a fundamental right enshrined in constitutional jurisprudence. It transcends the act of collecting evidence, evolving into a sophisticated blend of ethics, technology, and human judgment aimed at unveiling the unvarnished truth.
The essence of fair investigation lies in its ability to ensure that justice is impartial and transparent. It is not only about safeguarding the rights of the accused but also about preserving the integrity of the judicial process. As technology advances, the methods of investigation must evolve to address new challenges such as digital evidence and algorithmic decision-making. These developments raise critical questions about maintaining fairness and preventing bias in the quest for justice.
This research paper explores the pivotal role of fair investigation in ensuring justice, examining the intricate interplay between investigative processes and legal principles. With a focus on both traditional methods and contemporary challenges such as the integration of technology, the ethical challenges and the research paper also delineates about the delay in justice delivery and its implication and focuses on restorative justice. The study seeks to illuminate pathways toward enhancing fairness and transparency in the criminal justice system.
- INTRODUCTION
“False accusations can touch anyone; thus, every individual accused of a crime is entitled to fair investigation and trial to safeguard justice.”
- John Goramendi
The mainstream uncontrolled egocentrism dominant within the relationships, and, at times, even within life itself, falsity surfaces, and with it – ill Markup aims at proving that in situations when ego dominates love, people can turn into manipulators able to even make false allegations. The only ray of hope for the falsely accused is a proper investigation, which creates the basis for the proper trial. This format is also necessary for those poor victims whom the system does not protect since the accused may have political power or influence to prevent such a case. This then is how the truth may surface; that perjury is stamped out, the guilty made to face the law and the unsuspecting victims are made to receive adequate compensation for the plight that they have had to endure.
However, false accusations are not the only problems which face the investigation procedure. Timely investigations represent a major issue, raising questions on the concept of timely justice. These delays are the cause of extended detentions, diminished evidence, and people loss of faith in the legal process. What is often said about justice is especially appropriate in this case, justice delayed is justice denied. Similarly, justice rushed is justice delayed; you can get injustice, injustice and more injustice where the judgement is precipitated through means such as hasty investigations that would do justice to a show trial. Hence, the problem of striking an appropriate balance between speed and completion of a case that is without bias comes in handy in an attempt to balance time and thoroughness.
However, the misuse of investigative authority, corruption and lack of transparency make it even difficult for the mandate to reach justice at the right time. Inadequate resources, political interference and publishing bias often lead to substandard investigations that have unsuitable consequences to the vulnerable populations. The rate at which technology is being introduced in the field especially the use of Artificial Intelligence brings in front new problems regarding fairness of the algorithms or social media influencing the human decision making process.
Finding the truth in the fight for justice might occasionally feel like looking for a hidden Horcrux—difficult, full of obstacles, and frequently requiring more than just facts, but a little “magic” to distinguish fact from fiction. This emphasizes how important a fair investigation is.
The adversarial model of the Indian criminal justice system emphasizes a struggle between the defense and the prosecution, with an unbiased judge presiding over the proceedings. In contrast, the judge actively participates in fact-finding and evidence-gathering under the inquisitorial system prevalent in many civil law nations. The inquisitorial system uses judicial investigation to try and find the truth, whereas the adversarial model concentrates on putting out opposing viewpoints. Both systems seek to guarantee
In India Articles 20[1] and 21[2] of the Indian Constitution guarantee constitutional rights, including a fair trial and a fair investigation. As a result, the investigation must be impartial, transparent, and prudent as a minimum requirement of the rule of law. The investigating agency is not allowed to to carry out an investigation in a corrupted and biased way in order to deny the accused their fundamental right—which is to be presumed innocent until proven guilty—under the law. A victim would have an equal right to a thorough investigation.
[1] Article 20 of the Indian Constitution: Protection in respect of conviction for offences
[2]Article 21 of the Indian Constitution: Protection of life and Personal Liberty