Bombay HC Slams Police's 'Copy-Paste' Witness Statements in S.305 IPC Case; Takes Suo Motu Action to Reform Investigation - 2025-04-29

Bombay High Court Takes Suo Motu Action Against "Dangerous" Police Practice of 'Copy-Paste' Witness Statements

Aurangabad: The Bombay High Court has taken a strong stance against the prevalent "dangerous" practice of police investigators recording nearly identical, "copy-paste" witness statements, particularly in serious criminal cases. While hearing a case involving the abetment of a minor's suicide, the court decided to initiate a suo motu proceeding to address this systemic flaw in the criminal justice system.

A division bench of Justice Vibha Kankanwadi and Justice Sanjay A. Deshmukh , sitting at the Aurangabad bench, appointed an Amicus Curiae to suggest measures to the State Government for improving the quality of investigation.

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Background of the Case

The court was presiding over a criminal application filed by Amol Samadhan Nikam and his family members seeking to quash an FIR registered against them. The charges included serious offences under Sections 306 (abetment of suicide), 352 (assault), 294 (obscene acts), 504 (intentional insult), 506 (criminal intimidation), read with Section 34 of the Indian Penal Code.

The case became even more severe when the investigation revealed the deceased was a minor, aged 17 years and 9 months, leading to the addition of Section 305 of the IPC (abetment of suicide of child). Given the gravity of the allegations, the bench expressed its disinclination to grant any relief, prompting the applicants to withdraw their plea. The High Court subsequently dismissed the application as withdrawn.

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Court's Observations on Investigative Flaws

While the application itself was dismissed, the bench's focus shifted to a glaring issue it discovered upon reviewing the case charge-sheet. The court expressed grave concern over the "culture of copy-paste statements."

In a pivotal excerpt from the order, Justice Kankanwadi observed:

"After going through the entire charge-sheet, we have noticed that even in serious offence, the investigating officer who had recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure, has literally made copy-paste of the statements. Even the paragraphs start with the same words and end with the same words. The culture of copy-paste statements is dangerous and may, in certain cases unnecessarily, give advantage to the accused persons."

The court highlighted that the only variations in the witness statements were superficial, such as the witness's relationship with the deceased. This practice, the judges noted, casts doubt on whether the witnesses were genuinely questioned or if their statements were simply fabricated for the charge-sheet.

The bench found it particularly alarming that such a casual approach was adopted in a case as serious as the abetment of a minor's suicide.

"When even in such serious matters if this copy-paste method is adopted, then it is not a good indication for the criminal justice system and therefore, we are taking cognizance," the court stated.

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Suo Motu Action and Future Directions

Concluding that it was "high time" to address the issue, the High Court took suo motu cognizance to examine the shortcomings and difficulties that lead investigating officers to resort to such practices.

To assist in this matter, the court has:

1. Appointed Advocate Mukul Kulkarni as Amicus Curiae (friend of the court).

2. Tasked the Amicus Curiae to collect data, suggest reformative measures, and file a comprehensive petition to improve the overall quality of police investigation and prevent the recurrence of "copy-paste" statements.

3. Directed the Amicus Curiae to file the petition by June 20, 2025.

The court has scheduled the matter for further consideration on June 27, 2025 , signaling its intent to pursue systemic reforms to safeguard the integrity of the criminal justice process in Maharashtra.