The Supreme Court reaffirmed on Friday that courts do not have the authority to direct legislatures on how to enact laws, marking a significant statement on the separation of powers within the Indian government. This declaration came during a dismissal of a plea that challenged a previous Delhi High Court order related to the provision of chargesheets to victims or complainants without cost.
The bench, comprising Justices B R Gavai and Augustine George Masih, addressed a public interest litigation (PIL) initially aimed at mandating district courts or police to supply a copy of the chargesheet to the complainant or victim at no charge. The PIL had sought to ensure greater participation of victims or complainants in pre-trial criminal proceedings.
During the hearing, the Centre’s counsel highlighted Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which already mandates that magistrates furnish all relevant documents, including police reports and first information reports, to both the accused and the victim free of cost. This legislation, according to the government’s attorney, rendered the petition moot.
Despite this, the petitioner’s counsel argued that Section 230 did not address the right of a complainant or victim to be heard and participate in pre-trial criminal proceedings. They pressed for a broader interpretation that would explicitly empower victims and complainants with more significant roles in the judicial process before trials.
The Supreme Court, referencing its own precedents and the amendments to the Code of Criminal Procedure, underscored that existing legal frameworks already provide sufficient mechanisms for victims to engage in both pre-trial and trial stages. The justices further noted that the Delhi High Court had pointed to its rules which entitle parties in criminal cases to obtain records upon application, thus supporting the argument that the legal system already accommodates the needs addressed by the PIL.
Additionally, the bench cited a directive from the Union Home Ministry issued in October 2020, detailing a standard operating procedure for handling sexual offenses against women and children. This procedure includes a stipulation that police provide a chargesheet to the victim or informant at no cost.
