In a significant legal ruling, the Supreme Court has pronounced that there is no explicit legal requirement within the Code of Criminal Procedure (CrPC) mandating investigating agencies to submit charge sheets in the language of the court. The verdict was issued by a bench consisting of Justices Abhay S Oka and Rajesh Bindal, responding to an appeal by the Central Bureau of Investigation (CBI), challenging a directive from the Madhya Pradesh High Court.
The case at the center of this legal debate emanates from the Vyapam scam, a major scandal involving the Madhya Pradesh Professional Examination Board, which unfolded in 2013. The scam encompassed bribery of officials and manipulation of exams through the use of impostors to complete answer sheets. The CBI took over the investigation in 2015, revealing the involvement of politicians, senior officials, and business figures.
The Supreme Court bench addressed the issue of language used in the final report or charge sheet under Section 173 of the CrPC. It clarified that while Section 272 of the CrPC empowers the State Government to determine the language of courts, it does not mandate that investigating agencies must present their documents in the same language. The court emphasized that even if there were an implied requirement, procedural integrity wouldn't be compromised if the report isn't in the court's language.
The court further outlined that if an action prescribed by the CrPC to be performed in the court's language is carried out in another language, the proceedings would not be invalidated unless it resulted in a miscarriage of justice. It underscored the importance of raising language-related objections at the earliest stage of the proceedings.
The bench clarified that the authority conferred by Section 272 of the CrPC pertains to determining the language of courts and not dictating the language used by investigating agencies or police to document investigations.
In terms of procedure, the court highlighted that under Section 207, Judicial Magistrates are mandated to provide accused individuals with copies of the charge sheet and related documents. Similarly, in cases under the jurisdiction of the Court of Sessions, Section 208 empowers judicial officers to supply the accused with copies of statements and documents.
The court acknowledged that when a charge sheet and its accompanying documents are furnished to the accused under Sections 207 or 208, the accused has the opportunity to contest their comprehension of the language used. If the accused is self-representing and lacks legal aid, providing a translated version might be necessary if neither the accused nor their advocate is proficient in the charge sheet's language.
The court emphasized that this approach is founded on the accused's right to a fair defence, aligning with Article 21 (Protection of life and personal liberty) of the Constitution of India. Notably, advancements in translation tools and Artificial Intelligence software have made the process of translation more feasible.
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