Provisions of Retrial in a Criminal Case on Prayer of the Victim or Victim Party on the Ground of Incomplete Investigation

In some serious criminal offences such as murder, rape the police fails to conduct a comprehensive investigation. Evidence could be overlooked, certain suspects could go un-interrogated, proper witnesses could go unexamined and there could be undue external influence. Due to these factors, the victim’s family may feel that justice hasn’t been dully served even if the accused is convicted, especially when they believe that other perpetrators may also be involved and go interrogated. Even the independent investigating agency like CBI are not always flawless. There are cases where victims or their family raise serious concerns regarding the CBI’s handling of the investigation, arguing about the lack of supporting evidence, unexplored documents, unexamined relevant witnesses or not bringing all suspects to trial, leading to a miscarriage of justice. In such circumstances, Indian courts allows the victims to knock the door of the court and ask for a retrial where the trial process starts all over again from the scratch. Courts may also order de novo investigation where the investigating authorities or agencies start their investigation from the beginning if the court is satisfied that the previous investigation was incomplete and failed to carry out a fair and just investigation. This paper explains how and when a victim or their family can approach the court for a retrial because of an incomplete investigation, and what the law and courts say about such cases. Brief overview of criminal trials in India. Role and rights of the victim in the criminal justice system. Definition and relevance of retrial. Importance of ensuring justice when the investigation is incomplete or flawed.