A practical legal remedy to ensure that investigation is conducted objectively, impartially, and in accordance with law.
In criminal proceedings, the investigation forms the foundation of the entire case. Therefore, it must be conducted fairly, independently, and without bias. However, there are instances where the investigation may appear one-sided, influenced, delayed, or lacking in objectivity. In such situations, an affected person can submit an Application to Police for Fair Investigation to the concerned authorities.
This application serves as a formal request to ensure that the investigation adheres to statutory safeguards, constitutional principles, and established judicial standards.
I. Legal Framework Governing Investigation
The duty to conduct a fair investigation arises from both statutory provisions and constitutional mandates:
Under the Code of Criminal Procedure, 1973
- Section 154 CrPC – Registration of FIR
- Section 156 CrPC – Police power to investigate
- Section 157 CrPC – Procedure for investigation
- Section 173 CrPC – Submission of final report
Corresponding Provisions under BNSS, 2023
- Section 173 BNSS – Information in cognizable cases
- Section 175 BNSS – Power of police to investigate
- Section 176 BNSS – Procedure for investigation
- Section 193 BNSS – Final report
Additionally, the requirement of a fair investigation flows from Article 21 of the Constitution, which guarantees right to life and personal liberty.
II. What is an Application for Fair Investigation?
An application for fair investigation is a written representation submitted to police authorities requesting that:
- Investigation be conducted objectively
- Relevant evidence be properly considered
- All parties be heard fairly
- No undue pressure or influence be exercised
- Proper procedure be followed
Importantly, this application does not interfere with investigation but seeks lawful and unbiased conduct of the process.
III. When Should You File This Application?
You may file this application when:
- Investigation appears biased or one-sided
- Your version is not being recorded
- Important evidence is being ignored
- There is undue delay in investigation
- Police are acting under external influence or pressure
- You are being harassed or targeted unfairly
Therefore, timely action helps ensure procedural fairness and accountability.
IV. Where Should You Submit This Application?
You can submit the application to:
- Station House Officer (SHO)
- Investigating Officer (IO)
- Superintendent of Police (SP)
- Deputy Commissioner of Police (DCP)
- Senior supervisory authorities
In serious cases, the issue may also be raised before the Magistrate.
V. Why is This Application Important?
Filing this application helps to:
- Create a formal record of grievance
- Ensure compliance with legal procedure
- Prevent miscarriage of justice
- Strengthen future remedies (quashing, discharge, trial defence)
- Demonstrate cooperation with the investigation
Thus, it becomes a strategic safeguard in criminal litigation.
VI. Essential Elements of the Application
Before drafting, you should include:
- Details of FIR or complaint
- Name and designation of police authority
- Clear narration of grievance
- Specific instances of unfair conduct
- Request for impartial investigation
- Undertaking to cooperate
These elements ensure the application is structured, clear, and effective.
VII. Drafting Strategy
While drafting:
- Maintain a respectful and professional tone
- Focus on facts, not allegations or emotions
- Avoid making personal accusations
- Clearly request fair and unbiased investigation
- Support claims with documents where possible
This enhances the credibility and seriousness of the application.
VIII. Sample Draft Format – Application to Police for Fair Investigation
Sample Draft – Application for Fair Investigation
To
The Station House Officer / Superintendent of Police
[Police Station / District]
[City]Subject: Application Seeking Fair and Impartial Investigation
Respected Sir/Madam,
I respectfully submit that I am concerned with the investigation in FIR No. [____] registered at [Police Station].
It is submitted that the investigation in the present matter is not being conducted in a fair and impartial manner.
My version of facts has not been properly recorded and relevant material evidence submitted by me has not been duly considered.
Further, certain aspects of the case are being overlooked, which may affect the fairness of the investigation.
I respectfully submit that I am a law-abiding citizen and am willing to fully cooperate with the investigation.
I therefore request that necessary directions may kindly be issued to ensure that the investigation is conducted fairly, objectively, and in accordance with law.
I request that my representation be taken on record and considered appropriately.
Thanking you.
Yours faithfully,
[Name]
[Address]
[Contact Details]
[Signature]Date: [____]
Place: [____]
IX. Common Mistakes to Avoid
Avoid:
- Making vague allegations without specifics
- Using aggressive or accusatory language
- Failing to mention concrete instances
- Not supporting claims with documents
- Ignoring proper authority hierarchy
Instead, focus on clarity, documentation, and procedural correctness.
Conclusion
An Application to Police for Fair Investigation is, thus, an essential tool to ensure that criminal proceedings are conducted with integrity, impartiality, and adherence to law. Therefore, by proactively raising concerns and placing them on record, a person can safeguard their rights and promote a just investigative process.
Index of All Legal templates and Drafting is here.
Disclaimer
These templates are provided for educational and informational purposes. Every case depends on specific facts and procedural posture. Professional legal advice should be obtained before filing any application.
Key Contributor :
Mrs.Suprajaa Rajan B.Com., LL.B., LL.M.
+91-9606345150
