“Copy-Paste Culture” in Criminal Investigations: Bombay High Court’s Suo Motu Call for Reform

-

 “Copy-Paste Culture” in Criminal Investigations: Bombay High Court’s Suo Motu Call for Reform By Jangam Siddhartha – Legal Aid Defence Counsel

In a pivotal development with far-reaching implications for the criminal justice system in Maharashtra, the Hon’ble Bombay High Court (Aurangabad Bench) has taken suo motu cognizance of a deeply troubling trend in investigative practices: the mechanical and verbatim reproduction of witness statements under Section 161 of the Code of Criminal Procedure (CrPC).

Background

The issue surfaced during the hearing of Criminal Application No. 1091 of 2025, which sought to quash proceedings in Sessions Case No. 94 of 2024, arising from FIR No. 43/2024 registered at Erandol Police Station, Jalgaon. The case was initially categorized under Section 174 CrPC (accidental death) but took a serious turn with the discovery that the deceased, aged 17 years and 9 months, was a minor. Consequently, the police invoked Section 305 IPC (abetment of suicide of a minor), in addition to Sections 306, 352, 294, 504, and 506 read with 34 IPC.

Withdrawal of Quashment Plea

Upon hearing the submissions, the Division Bench comprising Justice Sanjay A. Deshmukh and Justice Vibha Kankanwadi expressed disinclination to entertain the quashment plea. Subsequently, the counsel for the applicants sought and was granted permission to withdraw the application. However, the Court used this occasion to spotlight a larger systemic issue.

A Startling Pattern: “Copy-Paste” Witness Statements

The Bench raised serious concerns over the verbatim replication of witness statements—an alarming indication that statements might not be recorded with the necessary diligence or even taken in person. The Court noted:

  • Statements varied only in relational reference (e.g., friend, brother, neighbor).
  • Such uniformity undermines the credibility of the investigation.
  • The practice appears to be prevalent even in sensitive cases like those under Section 498-A IPC.

The Court rightly questioned whether these statements were truly recorded from actual witnesses or merely fabricated—a fundamental breach that threatens the very foundation of a fair trial.

Suo Motu Intervention and Directions

Realizing the gravity of the issue, the Court took suo motu cognizance and initiated corrective measures:

  • Appointed Advocate Mukul Kulkarni as Amicus Curiae to study and submit a petition proposing systemic reforms.
  • Directed the State Government to examine the matter and issue guidelines for proper, independent, and verifiable recording of witness statements.
  • Emphasized the need for training and sensitization of investigating officers to curb mechanical practices.

The matter is listed for further hearing on 27th June 2025.

Wider Implications for Criminal Justice

This judicial initiative is a critical step toward institutional reform. Potential outcomes may include:

  • Mandatory audits or peer reviews of witness statements.
  • Framing of Standard Operating Procedures (SOPs) for police.
  • Heightened judicial scrutiny in cases involving abetment to suicide, domestic violence, and sexual offences.

Conclusion

The Bombay High Court’s proactive stance is more than a reaction to an isolated case—it is a clarion call for accountability and reform. The "copy-paste" culture erodes public trust, jeopardizes fair trial rights, and dilutes the pursuit of justice. It is now incumbent upon the State and law enforcement agencies to translate the Court’s concerns into concrete action. The judiciary has led by example; the baton now passes to the executive.

Comments

Post a Comment

Popular posts from this blog

Judicial Backlog and Legal Reforms in India: Addressing Systemic Inefficiencies

-
  Judicial Backlog and Legal Reforms in India: Addressing Systemic Inefficiencies As of January 2024, India’s judicial system faced a staggering backlog of over 50 million cases. This has become one of the most significant challenges to ensuring timely justice in the country, as delays in the judicial process have far-reaching consequences, affecting citizens' rights, governance, and overall public trust in the legal system. The backlog of cases burdens not only individuals awaiting justice but also hampers economic development, corporate governance, and social harmony. In recent years, several reforms have been proposed and implemented to address these delays. However, the efficacy of these reforms remains a subject of debate. This article explores the causes of the backlog, the recent reforms aimed at alleviating the problem, and an evaluation of their effectiveness in addressing systemic inefficiencies. Causes of Judicial Backlog The reasons for the backlog of cases in India are...
Read more

"Comparative Analysis of Section 173 BNSS and Section 154 CrPC: A Modern Shift in Criminal Procedure"

-
  Comparative Analysis: Section 173 BNSS and Section 154 CrPC The Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) have been cornerstones of the Indian legal system, with reforms introduced under the Bhartiya Nyaya Sanhita (BNS) marking significant changes. Two important sections to analyze are Section 173 of BNS and Section 154 of CrPC. While both deal with crucial elements of criminal investigations and procedures, the reform introduced through Section 173 of the BNS brings noticeable advancements and challenges in comparison to Section 154 of CrPC. This article provides a comparative analysis useful for legal practitioners. Section 154 of CrPC: First Information Report Section 154 of the CrPC relates to the process of recording First Information Reports (FIR). It mandates that every information relating to the commission of a cognizable offense, if given orally, must be reduced to writing, and the person providing the information should sign the writt...
Read more

Modern Crimes, New Laws: How India’s BNS and BNSS Tackle Mob Lynching and Cyber Offenses

-
  Modern Crimes, New Laws: How India’s BNS and BNSS Tackle Mob Lynching and Cyber Offenses India’s criminal law landscape is undergoing a seismic transformation with the introduction of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) , replacing the centuries-old Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) . Among the most crucial reforms under these new laws are the focused provisions targeting mob lynching and cyber offenses , two modern crimes that have plagued India in recent years. 1. Understanding Mob Lynching Under the BNS: A New Legal Framework a. The Rise of Mob Lynching in India The issue of mob lynching has become a major concern in India over the last decade, with numerous incidents of public violence often sparked by allegations of cow slaughter , child lifting , or religious hatred . According to news reports from major dailies like The Indian Express and Hindustan Times , several high-profile cases h...
Read more