Court Directs Supply of Investigation Documents to Victim Under New Sanhita Provisions
In a landmark ruling, the Calcutta High Court has set a precedent by affirming the rights of victims to access trial documents, marking a significant move towards enhancing transparency in the judicial process. The court, presided over by Dr. Ajoy Kumar Mukherjee, J., overturned a previous decision by the Judicial Magistrate, 17th Court, at Calcutta, which had denied Sinjini Mukherjee, the petitioner and victim, access to legible copies of documents crucial for the ongoing trial.
The case revolved around the application of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, specifically Section 230, which mandates the provision of document copies to victims. The judgment emphasized that applications filed after the BNSS came into force on July 1, 2024, are subject to its provisions, overruling the previous reliance on the Code of Criminal Procedure, 1973.
The court criticized the trial court's refusal to supply the documents as "perverse" and contrary to the victim's rights under the BNSS. It highlighted the Supreme Court's stance in Jagjeet Singh v. Ashish Mishra, underscoring the victim's right to actively participate in every stage of criminal proceedings, including pre-trial stages, thereby necessitating access to relevant documents.
The judgment stressed that the incorrect citation of a statutory provision does not negate a litigant's right to relief. The court clarified that the substance of the application should take precedence over its form, and it is the court's responsibility to apply the appropriate legal provisions.
Additionally, the ruling referred to Rule 252 of the Calcutta High Court Criminal (Subordinate Courts) Rules, 1985, which entitles parties to obtain copies of police papers used as evidence. The court's directive obligates the trial court to provide the necessary documents within ten days, reinforcing the victim's participatory rights in the judicial process.
The judgment marks a pivotal step in ensuring victims' rights are upheld, reflecting a progressive shift in the judicial landscape towards greater inclusivity and fairness.
Bottom Line :
Under Section 230 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), victims are entitled to receive legible copies of documents relied upon by the prosecution during the trial. The trial court's refusal to supply such documents to the victim is deemed perverse and against the provisions of the BNSS.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 230, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 531(2)(a), Calcutta High Court Criminal (Subordinate Courts) Rules, 1985 Rule 252
Sinjini Mukherjee v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2967100
