Kerala High Court directs State police to ramp up investigation skills; use e-Sakshya to document evidence

The Court issued the directive while acquitting a man convicted of murder, after finding serious lapses in the investigation.
Kerala High Court directs State police to ramp up investigation skills; use e-Sakshya to document evidence
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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.

 Justice Raja Vijayaraghavan V and  Justice KV Jayakumar
Justice Raja Vijayaraghavan V and Justice KV Jayakumar

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]

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Suresh v The State of Kerala
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