'Complainants should know the status of probe'

Citizens approaching the police to file a complaint often allege that the officers are non-cooperative and misguide them. The complainants, usually victims of a crime, say that the police rarely show concern and are made to fend for themselves with the nitty-gritty of law while filing a complaint. Most of the time, citizens are taken for a ride by the police, senior lawyer CV Sudhindra tells DNA. He explains how people can make the police listen to their complaint and act on it.

How can a victim/complainant of a crime file a complaint?
There are two types of victims of a crime. One class of victims can complain to the police while the other class has to approach the court through a private complaint.

Can you elaborate?
Complaints about offences relating to human body like assault, rape and murder, and those relating to property, like trespassing, theft, robbery, dacoity, extortion, cheating, and forgery are to be made to the police.

In case of offences relating to marriage, like adultery and bigamy, and also offences relating to administration of justice and defamation, the victims cannot approach the police. They have to approach the court with a complaint as prescribed by the Code of Criminal Procedure.

What are the rights of a complainant/victim?
It is the legal right of a victim to get justice and to seek punishment of the aggressor who causes harm or injury. It is the legal duty of the police to investigate the case by collecting necessary evidence, arresting the accused and produce them in court. The police should also co-operate with the court by presenting through public prosecutor the evidence they have collected.

Where does a complainant/victim stand vis-a-vis police investigation into a case?
The victims/complainants have no say in a police investigation, except being entitled to a copy of the complaint they have filed with the police. In legal parlance, the complaint is known as the first information report (FIR).

The investigation is the absolute province of the police. Whenever absolute right is given to the police or any authority for that matter it is vulnerable to misuse, abuse and corruption.

What is the remedy?
The Supreme Court ordered reinvestigation by a different agency (the Central Bureau of Investigation, CBI) into a case in Gujarat. The CBI, after taking over the investigation from the state police, even arrested a high-ranking police officer for protecting the real accused in the case. Under the law, a victim can prosecute an offender through the police, or through a private complaint, or, alternatively, through private prosecution. But private prosecution has its own shortfalls when it comes to power of an investigating officer to collect evidence. Law makers can effectively remedy the situation by passing an appropriate law.

What kind of law do you suggest?
The law should provide a victim/complainant the right to know the status of investigation and even offer necessary suggestion, assistance, guidance and perspective to the investigation. This will prevent false implication, favouritism to the accused and corruption. More importantly, it will be very difficult for the real accused or culprit to escape.