Delayed investigation weaking most cases

CHENNAI: The police may be quickly solving the 11 murders committed in 10 days this year, but not many are likely to get convicted. Going by the National Crime Records Bureau (NCRB) statistics for 2010, in close to 50% of Indian Penal Code (IPC) cases in the state, the accused were acquitted.

NCRB statistics suggest a direct correlation between a state's population and its conviction rate in heinous crimes. While less populous north-eastern states like Mizoram (93.6%), Nagaland (78.5%) and Manipur (68.5%) had high conviction rates for IPC cases, states like Maharashtra, Odisha, Bihar and West Bengal fell below the national average of 40.7%. The lowest rate was reported in Maharashtra (9%) followed by Odisha (9.9%). In all, 22.2 lakh IPC cases were registered in the country in 2010, of which 10% were in Tamil Nadu.

Even within a state, there is a stark difference between the conviction rates in densely populated urban regions and rural areas. "Our experience shows that conviction rates are higher in rural areas where the society is closely knit. People in cities refuse to turn up as witnesses. This weakens the prosecution," said P Kumaresan, a former state public prosecutor.

Tamil Nadu's conviction rate is much higher than the national average. Still, it is a matter of concern that 44.4% of the accused in IPC cases are acquitted. This includes murders and attempts to murder.

Former city public prosecutor M Shahjahan said, "The prosecution has to prove a case beyond all reasonable doubt to ensure conviction. Delayed investigation weakens the case once it reaches the court."

NCRB statistics show that 17 states and union territories (UTs) fared below the national average and an equal number surpassed it. Eight states and UTs failed to cross the 20% mark. Conviction rates were higher than 60% in five states and Puducherry.

The conviction rate was highest (52%) across the country in cases of sexual harassment. Cases registered under special and local laws (such as the Arms Act and Excise Act) had a conviction rate of 91.7%, across India. Cases registered under Indecent Representation of Women (Prohibition) Act saw 93.1% convictions.

"In many murder cases, the prosecution crumbles in court owing to the investigating officials not adhering to the rule of law," said S Jayakumar, former state public prosecutor. "Most officials emphasise on material evidence and go in search of the weapon, without realizing that a strong eye witness is more important. They should know that courts will convict the accused even if they do not trace the weapon," he said.

He added that delays in registering FIRs weaken the case. "In many cases they fix the accused before registering the FIR. The FIR and inquest report reach the court simultaneously, and the delay is inexplicable. Ultimately, the courts suspect the bonafides of the investigation. Lack of experience of the government-appointed assistant public prosecutors is another reason for poor conviction rates. The government should consider appointment of more experienced special public prosecutors to assist police," he said.