ABSTRACT
The process of criminal investigation stands as a foundational pillar of the criminal justice system, tasked with uncovering the truth behind criminal acts through systematic procedures. In India, this process is governed by a complex legal framework that includes the Bhartiya Nagrik Suraksha Sanhita (BNSS), the Bhartiya Nayay Sanhita (BNS), and the Bhartiya SakshayAdhiniyam (BSA), alongside constitutional protections under Articles 20, 21, and 22. Together, these laws seek to balance state power with individual rights, regulate investigative practices, and ensure that justice is delivered in a fair and transparent manner. Despite this comprehensive framework, serious systemic and procedural deficiencies persist in the investigative process, leading to inefficiencies, rights violations, and low public trust in law enforcement.This study critically examines the concept, stages, and legal underpinnings of criminal investigation in India, highlighting how investigations are initiated, evidence is gathered, and suspects are handled. It further explores the numerous challenges that continue to undermine the integrity of investigations. These include understaffed and overburdened police forces, lack of forensic infrastructure, poor evidence handling, custodial violence, political interference, and technological gaps. Additionally, delays in charge sheet filing, low conviction rates, lack of witness protection, and corruption exacerbate these problems, hindering the effective delivery of justice.
The paper also evaluates past and ongoing reform efforts, including judicial directives such as those issued in Prakash Singh v. Union of India and policy recommendations from expert committees like the Malimath Committee. Key reforms proposed and analyzed include the separation of investigative and law-and-order functions, modernization of forensic services, integration of digital technologies like CCTNS, enhancement of police training, and establishment of independent oversight bodies. It also advocates for a victim- and witness-sensitive approach, modernization of evidence laws, and adoption of a more rights-based and technologically equipped investigative system.[1]Through a detailed analysis of both legal provisions and practical implementation, the study identifies a significant gap between law and practice. The paper emphasizes the urgent need for structural, procedural, and institutional reforms to address long-standing issues and proposes a holistic, rights-conscious, and technologically informed framework for modernizing criminal investigations in India. Drawing upon comparative and international best practices, the study aims to contribute to ongoing discourse on strengthening the rule of law and ensuring justice through more effective and accountable investigative processes.
INTRODUCTION
The process of criminal investigation serves as a cornerstone of the criminal justice system, playing a crucial role in ensuring that justice is not only done but seen to be done. At its core, criminal investigation involves the systematic collection, preservation, and analysis of evidence to identify offenders and bring them to justice. It is a process that demands adherence to legal standards, procedural safeguards, and ethical practices, as any deviation can result in miscarriages of justice or violations of individual rights. In this context, the legal framework governing criminal investigations becomes vital, acting as both a guide and a constraint to law enforcement agencies in their quest to uphold law and order. In most democratic societies, the legal framework surrounding criminal investigations is designed to balance the power of the State with the rights of the individual. In India, for example, this balance is achieved through constitutional protections under Articles 20 and 21, the provisions of the Bhartiya Nagrik Suraksha Sanhita, Bhartiya Saksha Adhiniyam , and various judgments of the Supreme Court and High Courts. These laws regulate how investigations should be initiated, how evidence should be gathered, and the manner in which suspects and accused persons are to be treated. However, despite the presence of a comprehensive legal structure, the reality on the ground often reveals a gap between law and practice.
A critical analysis of the process of criminal investigation reveals several systemic flaws—ranging from delayed investigations, custodial violence, reliance on confessions rather than scientific evidence, to the politicization of law enforcement agencies. These challenges call into question the effectiveness, fairness, and integrity of the investigative process. The need for reforms is, therefore, both urgent and indispensable. Over the years, various committees and commissions, such as the Malimath Committee and the Law Commission of India, have proposed reforms aimed at enhancing the transparency, efficiency, and accountability of criminal investigations. This study seeks to critically evaluate the existing legal framework governing criminal investigations and to assess the reforms that have been proposed and implemented over time. It aims to identify the strengths and weaknesses of the current system and explore whether recent legal and institutional changes have succeeded in addressing persistent issues. Through this analysis, the study will also consider comparative perspectives and emerging trends in investigative practices to propose a more just, modern, and rights-based approach to criminal investigation.
[1]Prakash Singh & Ors. v. Union of India & Ors., (2006) 8 SCC 1