Comtrac’s Post

Punjab and Haryana High Court Mandates Updates for Victims in Criminal Investigations Within 90 Days The Punjab and Haryana High Court has issued a landmark ruling directing the Directors-General of Police (DGPs) in Punjab, Haryana, and Chandigarh to ensure that crime victims or complainants receive updates on the progress of criminal investigations within 90 days. This significant ruling, delivered by Justice Harpreet Singh Brar, aims to enhance transparency, strengthen police accountability, and reinforce victims' rights in the criminal justice process. The ruling stresses the critical importance of keeping victims informed throughout their long and complex journey in the justice system. It emphasizes that while much focus is often on the rights of the accused, the victims too deserve protection of their rights. The judgment mandates a fair investigation, with regular updates to keep victims engaged and informed. This development, grounded in Section 193(3) of BNSS, reinforces the victims' right to transparency and accountability in criminal investigations. It also calls for greater judicial oversight to ensure law enforcement authorities do not misuse their powers. Read more about this game-changing ruling and its potential to transform criminal investigations: [Decoding Punjab and Haryana High Court's Ruling on Victim-Centric Approach](https://lnkd.in/gekunnYK)

A very interesting article was published by the Ministry of Justice today, which outlines some potential changes to the criminal courts: 1️⃣ New Intermediate Court 2️⃣ Empowering Magistrates 3️⃣ New technology/AI usage This comes in the wake of the Crown Court backlog reaching 73,000 cases awaiting trial - almost double that of just five years ago. The proposed addition of an ‘Intermediate Court’ would seemingly sort current and future Crown Court cases into two streams, allowing for a (hopefully) more efficient turnaround rate, as wait times now exceed two years on average. There is a concern that the introduction of the Intermediate Court will result in a limit on the access to jury trials for some defendants. Those facing less-serious charges in the Crown Court may be tried in the new court, which is likely to not utilise a jury. The right to trial by jury is a vital cornerstone of the legal system of England & Wales, so careful planning and consideration lie ahead, potentially impacting those currently awaiting their court date. What more can be done to turn this around? The review is considering an increase to Magistrates’ powers and the adoption of technology to help increase the pace of hearings without risking undermining justice. I am very keen to see if the courts are able to modernise processes behind the scenes through the use of new technology and potentially AI systems. Ultimately, reform has been needed for a long time and it is good to see signs of progress. https://lnkd.in/e_WRudAV.

Punjab and Haryana High Court Mandates Updates for Victims in Criminal Investigations Within 90 Days The Punjab and Haryana High Court has issued a landmark ruling directing the Directors-General of Police (DGPs) in Punjab, Haryana, and Chandigarh to ensure that crime victims or complainants receive updates on the progress of criminal investigations within 90 days. This significant ruling, delivered by Justice Harpreet Singh Brar, aims to enhance transparency, strengthen police accountability, and reinforce victims' rights in the criminal justice process. The ruling stresses the critical importance of keeping victims informed throughout their long and complex journey in the justice system. It emphasizes that while much focus is often on the rights of the accused, the victims too deserve protection of their rights. The judgment mandates a fair investigation, with regular updates to keep victims engaged and informed. This development, grounded in Section 193(3) of BNSS, reinforces the victims' right to transparency and accountability in criminal investigations. It also calls for greater judicial oversight to ensure law enforcement authorities do not misuse their powers. Read more about this game-changing ruling and its potential to transform criminal investigations: https://lnkd.in/gqK3anxA

Last month, the White House Office of Management and Budget (OMB) issued a landmark policy putting in place long-overdue requirements on how federal agencies can – and cannot – use AI. The policy, which establishes a strong baseline for responsible AI procurement and use across all agencies of the federal government, is significant for a number of reasons, including for what it doesn’t do: exempt law enforcement. Here are our main takeaways relating to law enforcement. https://lnkd.in/gyRdQMWP #AI #LawEnforcement #FederalAgencies

Section 27 Evidence act - Circumstancial evidence - In any case, the chain of circumstances must be so complete that it leads to no other conclusion than the guilt of the accused persons, which is not so in the present case. The prosecution has utterly failed to prove that the discovery of the dead body of the deceased from the pond at Bhatgaon was only on the basis of the disclosure statement made by the accused persons under Section 27 of the Evidence Act. - Conviction order set aside. The court observed that 12. ......... The learned Judges of the High Court have relied on the judgment of this Court in the case of State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru. The High Court has relied on the following observations of the said judgment: “121. The first requisite condition for utilising Section 27 in support of the prosecution case is that the investigating police officer should depose that he discovered a fact in consequence of the information received from an accused person in police custody. Thus, there must be a discovery of fact not within the knowledge of police officer as a consequence of information received. Of course, it is axiomatic that the information or disclosure should be free from any element of compulsion. The next component of Section 27 relates to the nature and extent of information that can be proved. It is only so much of the information as relates distinctly to the fact thereby discovered that can be proved and nothing more. It is explicitly clarified in the section that there is no taboo against receiving such information in evidence merely because it amounts to a confession. At the same time, the last clause makes it clear that it is not the confessional part that is admissible but it is only such information or part of it, which relates distinctly to the fact discovered by means of the information furnished. Thus, the information conveyed in the statement to the police ought to be dissected if necessary so as to admit only the information of the nature mentioned in the section. The rationale behind this provision is that, if a fact is actually discovered in consequence of the information supplied, it affords some guarantee that the information is true and can therefore be safely allowed to be admitted in evidence as an incriminating factor against the accused. As pointed out by the Privy Council in Kottaya case [AIR 1947 PC 67 : 48 Cri LJ 533 : 74 IA 65] : (AIR p. 70, para 10) “clearly the extent of the information admissible must depend on the exact nature of the fact discovered”...... References: Udai Bhan v. State of U.P. [1962 Supp (2) SCR 830 : AIR 1962 SC 1116 : (1962) 2 Cri LJ 251] J.L. Kapur, J. after referring to Kottaya case [AIR 1947 PC 67 : 48 Cri LJ 533 : 74 IA 65] HON'BLE Supreme court of India recently held in matter of RAVISHANKAR TANDON VERSUS STATE OF CHHATTISGARH, 2024 INSC 299 ON APRIL 10, 2024.

The Metropolitan Police has finally admitted past misdeeds in undercover policing, acknowledging severe misconduct and systemic failures that have marred its operations. ⛔ This confession comes as part of the ongoing inquiry established by then-Home Secretary Theresa May in 2015 to scrutinise the practices and ethics of undercover policing. The Met's admissions reveal a troubling picture of oversight and cultural flaws within the force, from engaging in unauthorised intimate relationships to spying on harmless social justice campaigns.  These revelations raise serious questions about accountability and the need for reform in managing undercover operations. 💻 Dive into our analysis of what these confessions mean for justice and policing standards. https://lnkd.in/dr2aDt9j #PoliceReform #LegalInsights #LawEnforcement #UKLaw #CriminalJusticeReform

3 new criminal laws kick in today, data ousts 'danda' as policing tool https://lnkd.in/gATNjx7W Download the TOI app now: https://lnkd.in/dStPX7A

Now Available: A Guide to the Youth Criminal Justice Act, 2024/2025 Edition https://ow.ly/eYK650Ta6y7 - This concise guide provides an overview of the youth criminal justice system in Canada, section-by-section commentary on legal and operational implications, and captures key recent developments. Also available online: https://ow.ly/5s9I50Ta6y8 #LexisNexisCanada #CriminalLaw #YouthJustice

Coming Soon: A Guide to the Youth Criminal Justice Act, 2024/2025 Edition https://ow.ly/1LoC50SIgae - This concise guide provides an overview of the youth criminal justice system in Canada, section-by-section commentary on legal and operational implications, and captures key recent developments. #LexisNexisCanada #CriminalLaw #YouthJustice

Recently, I undertook an assignment on how to file a complaint against police misconduct in the UK. The topic, while highly relevant, came with its own set of challenges that pushed me to refine my research and critical thinking skills. Key Challenges I Faced: Understanding the legal frameworks – Navigating the intricate regulations governing police complaints in the UK, such as the role of the Independent Office for Police Conduct (IOPC) and the complaints procedure itself, was complex. Differentiating between police forces – Since the UK has multiple police forces, it was challenging to identify which force handles specific types of complaints and what nuances exist across jurisdictions. Simplifying the information – Legal jargon and complex procedures made it difficult to translate the processes into a clear and understandable format for a broader audience. How I Overcame These Challenges: I conducted in-depth research into the relevant legislation, including the Police Reform Act 2002, and studied case precedents to understand how the complaints process has evolved. By cross-referencing multiple sources (government websites, academic papers, and independent reports), I created a clear distinction between how different police forces operate in the complaints process. To tackle complexity, I focused on simplifying the text by breaking down key concepts into more accessible language, allowing non-legal individuals to understand their rights and procedures better. Through this assignment, I gained valuable insights into police accountability systems in the UK and honed my ability to make complex information easier to grasp. 🚀 #Research #PoliceMisconduct #UKLaw #LegalResearch Abhyuday Agarwal Ramanuj Mukherjee Amruta Kulkarni Rajnandini Choudhary