Abstract

Ability of a justice system to function effectively largely depends on way the investigation and prosecution is carried out. However, systemic inefficiencies, political meddling, and human rights abuses taint these pillars of justice in India. In “Misery of Silent Sufferers: The Urgent Need for Prosecution and Investigation Reforms to Protect Human Rights”, the limitations in investigative and prosecution system of India are critically examined, with special emphasis on how they result in wrongful detentions, custodial tortures, postponed trials, and tainted justice. Even today the investigative agencies use antiquated and coercive techniques, frequently giving confessions precedence over forensic evidence, despite there being constitutional protections and international human rights commitments. Political pressures, lack of resources, and lack of accountability often taint investigations, and public prosecutors operate under influence rather than as impartial officers of justice which further exacerbates the issues. As a result, the trust of citizens is damaged leading to rampant fundamental rights violations. Through comparisons with legal systems that have effectively reformed their investigative and prosecutorial bodies, this paper analyses the international best practices. It makes the case that if we need to halt power abuse, India needs to move away from confession-based policing and towards forensic-led investigations, guarantee prosecutorial independence, and put in place strong oversight procedures. The overall impact of the new criminal laws (BNS, BNSS, and BSA) on police accountability and prosecution effectiveness is also analysed well, raising stipulations about whether they result in real reform or only surface-level adjustments. This study further elucidates the urgent need for systemic changes by putting forth specific policy recommendations, such as independent investigative agencies, specialised training, and technology improvements.

Keywords