Published on: December 26, 2023 at 12:53 IST
Court: Supreme Court of India
Citation: XYZ v. State of M.P. (2023)
Honourable Supreme Court of India has held that a Magistrate must take cognizance under the provision of Section 156(3) of the Code of Criminal Procedure, 1973 must direct for the police investigation where a commission of a cognizable offence alleged on a prima facie reading of the complaint or where such facts are brought to the Magistrate’s notice disclosing the commission of cognizable offence. It is further held that in cases wherein, there is alleged to be documentary or other evidence in the physical possession of the accused or other individuals which the police would be best placed to investigate and retrieve using its powers under the Section 91 of the Code of Criminal Procedure, 1973.
24. Especially in cases alleging sexual harassment, sexual assault or any similar criminal allegation wherein the victim has possibly already been traumatised, the courts should not further burden the complainant and should press upon the police to investigate. Due regard must be had to the fact that it is not possible for the complainant to retrieve important evidence regarding her complaint. It may not be possible to arrive at the truth of the matter in the absence of such evidence. The complainant would then be required to prove her case without being able to bring relevant evidence (which is potentially of great probative value) on record, which would be unjust.
Drafted By Abhijit Mishra