Fair Investigation Under BNSS | Complainant's Right To Representation During Probe : Rajasthan High Court

The Rajasthan High Court has reinforced the principle that complainants possess a right to submit representations during criminal investigations, with investigating agencies bound to consider them before concluding probes. This judgment clarifies procedural safeguards under the Bharatiya Nagarik Suraksha Sanhita (BNSS), ensuring transparency in police investigations while balancing law enforcement imperatives with complainant rights.

Background & Facts

The Dispute

The petitioner, Bhanwar Lal, filed a criminal miscellaneous petition under Section 528 of the BNSS seeking directions for a fair and impartial investigation into FIR No. 198/2025 registered at Police Station Pur, Bhilwara. The FIR alleged offences under Sections 318(4), 338, 336(3), and 340(2) of the Bharatiya Nyaya Sanhita (BNS), including charges related to wrongful confinement and criminal intimidation.

Procedural History

The case reached the High Court through the following steps:

• 2025: FIR registered at Police Station Pur, Bhilwara
• 2026: Petitioner filed S.B. Criminal Misc(Pet.) No. 915/2026 seeking judicial intervention in the investigation
• The State opposed the petition, contending that the investigation was already proceeding fairly

Relief Sought

The petitioner sought two primary directions:

1. A mandate for the investigating agency to conduct a fair and impartial probe
2. Consideration of any material submitted by the petitioner before concluding the investigation

The Legal Issue

The central question before the Court was whether a complainant possesses a right to submit representations during an ongoing criminal investigation under Section 528 BNSS, and whether investigating agencies are obligated to consider such representations before completing their probe.

Arguments Presented

For the Petitioner

The petitioner's counsel argued that:

• The investigating agency had failed to consider crucial evidence that could materially affect the probe's outcome
• Section 528 BNSS implicitly recognizes a complainant's right to participate in the investigative process by allowing judicial oversight
• Fair investigation principles, as established in Lalita Kumari v. Government of U.P., require consideration of all relevant material, including complainant submissions

For the Respondent

The State, represented by the Public Prosecutor, contended that:

• The investigation was proceeding fairly and impartially without judicial interference
• The petitioner's concerns could be addressed through existing statutory mechanisms
• No specific provision in the BNSS mandates consideration of complainant representations during investigation

The Court's Analysis

The Court examined the interplay between investigative autonomy and complainant rights under the BNSS framework. While acknowledging that police investigations must proceed without undue judicial interference, the judgment emphasized that:

"The Investigating Agency is duty-bound to consider all relevant material that may come to light during the course of investigation, including representations made by the complainant. This obligation flows from the principles of natural justice and the right to fair investigation guaranteed under Article 21 of the Constitution."

The Court distinguished between:

1. Investigative autonomy: The police's exclusive domain to conduct probes without external direction
2. Procedural fairness: The obligation to consider all relevant material, including complainant submissions, before concluding investigations

The judgment noted that Section 528 BNSS provides a mechanism for judicial oversight when investigations appear unfair or incomplete, but stopped short of mandating judicial interference in routine investigative matters.

The Verdict

The Court disposed of the petition with the following directions:

1. The petitioner was granted leave to submit a detailed representation before the Superintendent of Police and Investigating Officer within two weeks
2. The investigating agency was directed to consider the representation and complete the investigation in accordance with law
3. All pending applications were disposed of

What This Means For Similar Cases

Complainants Can Participate In Investigations

The judgment establishes that:

• Complainants possess a right to submit representations during ongoing investigations
• Investigating agencies must consider such representations before concluding probes
• This right exists even in the absence of explicit statutory language, deriving from constitutional principles

Limits Of Judicial Intervention

Practitioners should note:

• Courts will not interfere in routine investigative matters
• Judicial oversight is limited to ensuring procedural fairness, not directing specific investigative actions
• The burden remains on complainants to demonstrate that their representations contain material evidence

BNSS Implementation Guidance

• Section 528 BNSS provides a mechanism for complainants to seek redress when investigations appear unfair
• Investigating officers should document consideration of complainant representations to avoid judicial scrutiny
• The judgment reinforces that fair investigation is not merely a police prerogative but a constitutional obligation