The Prosecution Predicament: Investigative Delays And Their Influence On Case Backlog

Samdarshi, Amity Law School, Amity University Patna

ABSTRACT

In the realm of justice, a conspicuous and persistent concern manifests itself in the form of courtroom delays, ostensibly attributable to the judiciary. However, a closer examination unveils a more complex narrative wherein the multifaceted interplay of actors within the criminal justice system exerts a profound influence. This research delves into the labyrinth of case pendency, meticulously scrutinizing the intricate dynamics within the purview of law enforcement agencies, particularly police and investigating officers, and their impact on the burgeoning case backlog in Indian courts.

The title, "The Prosecution Predicament: Investigative Delays and Their Influence on Case Backlog," serves as an apt epitome of the issue at hand. Notably, delays trace their origins to an array of factors: tardy chargesheet submissions, laggard case diaries, lapses in securing the presence of witnesses during criminal trials, warranting recurrent trial adjournments. A peculiar dimension of these delays transpires when the accused happens to be a figure of prominence or political influence. In such instances, the prosecuting arm, entrusted with the responsibility of impartial pursuit of justice, may find itself hamstrung by external pressures, often leading to a reticent stance by the prosecution arm, ensnared in the web of external pressures that contravene the principles of expeditious justice.

This research endeavours to lay bare the intricate web of causative factors, unmasking the often-unseen contributors to case backlog, acknowledging that the true reasons behind courtroom delays are often different from what they may appear to the innocent public, unfamiliar with the intricacies of legal procedures.