If the police do not properly investigate a criminal case, and this negatively affects the rights of an accused person, the accused can take several legal steps under Indian law to ensure a fair and proper investigation. Here’s what can be done:
1. File an Application to the Magistrate (Under Section 173(3) or 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS))
The accused can approach the Magistrate if the investigation is unfair, biased, or incomplete.
Under Section 173(3) BNSS: The Magistrate can direct police to conduct a proper investigation.
Under Section 193) BNSS: The accused can request for further investigation if new facts are discovered or if the initial investigation was flawed.
2. File a Protest Petition
If the charge sheet is already submitted and the accused feels it’s false or based on biased investigation, a protest petition can be filed before the Magistrate to point out flaws or request further probe
3. File a Petition in the High Court (Under Section 528 BNSS or Article 226 of the Constitution)
If the police are deliberately acting in a biased or negligent way, the accused can:
File a petition under Section 528 BNSS for quashing proceedings based on improper investigation.
File a writ petition under Article 226 of the Constitution seeking a direction for proper investigation or transfer to another agency like the CBI or Crime Branch.
4. Demand a Fair Trial under Article 21 of the Constitution
The right to a fair investigation is part of the right to life and personal liberty under Article 21.
If the investigation is compromised, the accused can invoke constitutional remedies and seek judicial intervention for a fair process.
5. Challenge the Chargesheet
After police file the chargesheet under Section 173(3) BNSS, the accused can:
File objections to the chargesheet if it is based on a faulty or biased investigation.
Seek discharge before the trial begins if there is insufficient or flawed evidence.
6. File Complaint Against Investigating Officer
The accused may file a complaint to higher police officials or even a vigilance complaint against the Investigating Officer (IO) for negligence or bias.
7. Seek Transfer of Investigation to Independent Agency
If there’s strong evidence of bias or collusion, courts can order transfer of investigation to:
CBI (Central Bureau of Investigation)
Special Investigation Team (SIT)
8. Raise Issues During Trial
The accused can:
Cross-examine witnesses,
Point out flaws in the investigation,
Argue for acquittal based on lack of proper evidence or illegal investigation.
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