[Police Investigation] Have taken decisions on Various reforms, will be implemented within 2 months: UP Govt tells Allahabad High court

The Uttar Pradesh Government recently apprised the Allahabad High Court of the decisions taken by it to improve and reform the police investigation system in the State.

Additional Chief Secretary (Home), Government of Uttar Pradesh filed an affidavit before the high court wherein the decisions taken in a meeting under his chairmanship on August 26, 2022, were mentioned.

As per the affidavit, after due deliberation, amongst other, following important decisions were taken:

1. Postmortem and injury reports must be typed out and made easily legible and practice of handwritten reports be discontinued.
2. During the postmortem examination, there should be DNA and fingerprint sampling and necessary software must be developed for this purpose.
3. During postmortem examination, the injuries on the dead body should be photographed in colour to highlight the same.
4. The importance of the role of the supervisory officer be emphasized and the said officer should not function only as a post office. Every investigation must be scrutinized in a microscopic manner and any lacuna or lapse must be pointed out to the investigating officer. Provisions should also be made for training the investigating officer on a regular basis.
5. Senior Supervisory Officers must submit the report submitted by the police under Section 173(2) Cr.P.C expeditiously and not hold it back in their custody needlessly.
6. In all cases where the statements of witnesses are recorded using audio/video mode, the relevant material be made part of the case diary by means of compact disc/pen drive.
7. Strict adherence be ensured to the statutory provisions encapsulated in Section 65B IPC and that investigating officer be trained to adopt a sensitive approach in these matters.
8. In every district, the Joint Director (Prosecution) should head a legal cell, which should be established with the aim to educate all investigating officers with the latest amendments in criminal law and the judgements passed by the Hon'ble Apex Court and Hon'ble High Court.

The state government also assured the High Court that the said decisions would be implemented expeditiously not later than two months.

Apart from that, in view of court’s earlier observation that in a majority of cases, 1st and 2nd proviso to Section 161 (3) CrPC are not being followed in true sense, the Government assured the court that the amended provisions of Section 161 Cr.P.C. and Sub-Section 10 of Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act shall be complied with and implemented in letter and spirit.

The affidavit was filed in a bunch of criminal appeals wherein questions were raised against the mode and manner of the current police investigation.

On a previous occasion, court had directed the government to convene a meeting with officials to ensure that the investigating system is reformed.

Case title - Waseem v. State of U.P. and Another alonhg with connected matters