‘Violation of accused’s rights’: Haryana panel on ‘misuse’ of Sections 399, 402

Bhartesh Singh Thakur

Tribune News Service

Chandigarh, July 23

The Haryana Human Rights Commission (HHRC) has taken cognisance over The Tribune story on the misuse of Section 399 and Section 402 of the Indian Penal Code (IPC) (for making preparation for dacoity) by Haryana Police, and called for a report from DGP on “whether the police have assessed the reason for a large number of acquittals of the accused by the courts and whether they have issued any guidelines or instructions to the Investigating Officers in this regard”.

Tribune reports “Bulk of ‘dacoity plan’ cases fall flat in Haryana courts”, dated July 19, and “FIRs under Section 399, 402 nailing dacoity plotters show a pattern”, dated July 20, reflected on poor conviction rate under Section 399/402 of IPC, and how the FIRs across Haryana have same pattern of the police overhearing dacoity plan of the accused and trial courts declaring that it is unbelievable.

The Commission has taken cognisance of the July 20 new report. It observed that as per the news report, “similar versions have been put forward by the prosecution that on the receipt of secret information the police party had reached the spot and had overheard the accused planning for dacoity”.

In its order, dated July 21, it cited that in one of the cases the prosecution story was that the police party reached the spot after 20 minutes of secret information that the accused were planning to commit dacoity. And the court commented that it was impossible to believe even after 20 minutes of secret information, the accused were still making the plan.  

The Commission has also asked from DGP “whether the police authorities had held any seminar, etc., to make aware the police officers so that the prosecution may be able to bring home the guilt to the accused beyond any reasonable doubt”.

It observed that in the majority of cases, accused are acquitted by the various courts which is a violation of human rights as they have “to undergo mental agony and harassment on account of registration of the criminal case and then on account of the protracted trial”.

The Commission added that Haryana Police should have formulated some guidelines and provide training to Investigating Officers for collecting evidence to prove a particular offence.

“Continuous failure of the police to prove the guilt against the accused shows inefficiency in conducting the investigation by the police,” said the order, and added that the acquittal of the accused in such like cases reflected towards filing of cases for malicious prosecution.

“False implication of a person or facing a protracted trial or harassment or mental pain in a false case is also violation of human rights of an accused.”

The next date of hearing is October 7.