Swatanter Kumar, C.J.

Introduction

Marcus Tullius Cicero, a great orator and Roman Attorney said, “The solidity of a State is very largely bound up with its judicial decisions”. The stability of State governance is relatable to the status of public law and order in the State. Protection to person and property of State subjects is the primary obligation of the State and this is the great significance of administration of criminal justice delivery system. Criminal jurisprudence governing the law of crime primarily has two concepts like any other legal jurisprudence :

(i) Substantive criminal law; and

(ii) Procedural criminal law.

Provisions of substantive criminal law which are primarily penal in nature are subjected to rule of strict interpretation, while those relating to procedural law are guided by rules of plain and liberal interpretation. The Court, in the present cases, is concerned with the application of rules of interpretation to the procedural law particularly relating to the field of investigation as well as the effect of crime and its registration upon the social fabric of the State. Needless to notice that registration of First Information Report, inquiry, investigation and adjudication process of offences are the main attributes of administration of criminal justice delivery system.

2. The law relating to criminal procedure applicable to all criminal proceedings in India except the State of Jammu & Kashmir and Nagaland is specified in the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) which was amended from time to time and extensive amendments were introduced by the Amending Act of 1995. The object of the Code is to ensure that an accused gets a full and fair trial along with certain well established and well understood lines that accord with our notions of natural justice and there is completely expeditious but fair investigation. The basic importance of criminal procedure has to be kept in mind as it is the procedure that spells out much of the difference between the rule of law and rule by whim and caprice. The criminal procedure is supplemental to the substantive criminal law. Its failure would seriously affect the substantive criminal law, which in turn would considerably affect the protection that it gives to the society. Therefore, it has been rightly said that too much investigating delay and uncertainty in applying the law of criminal procedure would render the best penal law useless and oppressive.

3. Every criminal trial is initiated by registration of “First Information Report” (for short “FIR”). This puts the mechanism of criminal investigation into motion and is the first step for commencement of legal process in accordance with law. It is expressed that to keep the weal balanced must be the prime duty of the judiciary. In interpreting and applying a penal statute, it has to be borne in mind that respect for human rights of the accused is not the only value at stake. The purpose of criminal law is to permit everyone to go about their daily lives without fear of harm to person or property. And it is in the interest of every one that serious crime should be effectively investigated and prosecuted. There must be fairness on all sides. In criminal cases, this requires the Court to consider triangulation of interest i.e. the accused, the victim – his or her family and the public. Besides all this, the paramount duty and the very foundation of criminal investigation and justice delivery system is fairness in the entire process and to ensure that there is no denial of justice to any of the stated parties. Importantly, it is the fairness during investigation or trial that achieve the ends of criminal justice. Particularly, the procedural law thus needs to be examined and interpreted with the object of ensuring fairness even in the process of investigation. Whatever be the standards of legal conscience but they ultimately should be founded on law. Conscientia legalise leg