The Kerala High Court recently directed the State to ramp up the investigating skills of police officers and provide them training on 'e-Sakshya' or other such platforms for documenting evidence in criminal cases [Suresh v. The State of Kerala]..The directive was issued by a Bench of Justices Raja Vijayaraghavan V and KV Jayakumar while acquitting a man convicted of murder, after finding serious lapses in the investigation.The Court directed State Police Chief and the Home Department to ensure that all investigations henceforth are conducted in compliance with the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and instructed the police to immediately begin training and equipping themselves with platforms such as 'e-Sakshya' while investigating crimes."The State Police is urgently required to ramp up their skills and prioritise adoption of these reforms, through updated protocols, training, and investment in technology and forensics, to meet legal mandates and public expectations for foolproof investigations, especially in heinous crimes like murder e-Sakshya is the technological lynchpin of the BNSS reforms. It embodies the principle that evidence once created should be immediately saved and shared in digital form for the justice system to use," the judgment stated.It said that the adoption of the new reforms in BNSS would help in preventing investigative incompetence in serious crimes and strengthen the overall criminal justice system..The case involves an appeal filed by Suresh, who was convicted of murder by a sessions court in 2019. The incident took place in 2015 in Pathanamthitta, where Suresh was accused of pushing his relative into a deep roadside drain, resulting in spinal injuries that eventually led to the victim’s death.The sessions court finding Suresh guilty of the crime, sentenced him to life imprisonment. The High Court however, found that the prosecution failed to prove the charges beyond reasonable doubt, noting that the injured victim, who later died, had told doctors he sustained injuries by falling from a height.The Court noted that despite the victim remaining conscious for nearly two weeks, no formal dying declaration was recorded by the police, raising a strong possibility that the deceased may have made a statement absolving the accused.It found that crucial evidence, including the victim's statement and proper crime scene documentation, was either suppressed or missing due to the careless manner in which the investigation was conducted.Finding that these serious lapses casted grave doubt on the prosecution's case, the Court acquitted Suresh..The Court emphasised on the importance of scientific and technology-backed investigation, especially with the implementation of the BNSS. It explained how the new criminal code mandated audio-video recording of vital investigative steps such as searches (Section 105 BNSS), crime scenes in serious offences [Section 176(3)] and witness or confessional statements (Sections 180 and 183)."The BNSS ushers in a new era of evidence-focused, technology enabled policing, replacing outdated colonial procedures with mandates for audio-visual documentation, scientific evidence collection, and digital case management. Sections 105, 176, 180, 254, 265, 308, and 349 of the BNSS require that searches, seizures, witness statements, and other crucial steps be recorded by “audio-video electronic means.” They also insist on forensic expert involvement in serious crimes and provide legal authority to obtain scientific samples from suspects. Therefore, the old habits of cursory scene examination, reliance on witness memory, and sparse documentation will no longer suffice," the Court added.Failure to adopt these new reforms and tools, the Court stated, could result in continued investigative failures and miscarriage of justice."Unless efforts are made for strict compliance of the provision as expeditiously as possible, if not already made, the State Police may lag behind in the implementation of the provision.".The appellant was represented by Advocate V Sethunath.Senior public prosecutor Neema TV appeared for the State..[Read Judgment]
