Non-examination of Investigating Officer : How much Fatal for Prosecution

Mon, 20 Nov 2023 09:45:49 +0000

“Non- examination of Investigating Officer creates a material lacuna in the effort of the prosecution to nail the appellants, thereby creating reasonable doubt in the prosecution case…” It was held by the Supreme Court in a recent judgment, Munna Lal vs. the State of Uttar Pradesh, delivered on January 24, 2023. The practice of non-examining investigating officers has sparked debates and controversies within the legal community. In a criminal trial, the non-examination of the Investigating Officer is a serious lapse on the part of the prosecution agency; therefore, it is essential to understand the consequences of the non-examination of the Investigating Officer. In this article, a brief discussion is made on investigation in a criminal case, the role and duty of the investigating officer, and certain cases that reflect upon the consequences of the non-examination of the Investigating Officer.