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Supreme Court of India· 21 September 2026

Is a fair investigation as much a part of the constitutional right under Article 21 as a fair trial?

Kusumavati Gowda v. The Government of Karnataka & Ors
2026 INSC 1030
Coram: Justice Sanjay Kumar · Justice Sanjeev Sachdeva
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Answer

A fair investigation is as much a part of the constitutional right under Article 21 as a fair trial.

A fair investigation is as much a part of the constitutional right under Article 21 as a fair trial, without which the trial cannot itself be fair. An investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner, and where non-interference by the court would result in a failure of justice, the court must interfere (¶54).

Headnote

Constitution of India — Art.21 — Art.20(2) — Code of Criminal Procedure, 1973 — s.300 — s.173(8) — Reinvestigation — Fair investigation — Double jeopardy — Constitution of India — Code of Criminal Procedure, 1973 — s.173(8) — Power to direct reinvestigation — Held: A constitutional court can direct a fresh investigation by an independent agency where the original investigation was not conducted in a proper and objective manner. Such power extends even after trial has commenced and the court may constitute a Special Investigating Team. (¶52, 54) Constitution of India — Art.21 — Fair investigation — Held further: A fair investigation is as much a part of the constitutional right under Article 21 as a fair trial. An investigation conducted in a tainted or biased manner requires the court to interfere to prevent a failure of justice. (¶54) Constitution of India — Art.20(2) — Code of Criminal Procedure, 1973 — s.300 — Double jeopardy — Held further: The protection of Article 20(2) and Section 300 CrPC bars trying an accused already tried and acquitted, even where reinvestigation is directed into the crime. The appeal was disposed of with a de novo investigation by a newly constituted Special Investigation Team. (¶61)

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In the Court's own words
Paragraph 54The Supreme Court held that a fair investigation is as much a part of a constitutional right guaranteed under Article 21 of the Constitution as a fair trial, without which the trial will naturally not be fair. Investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. The investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner. Where non-interference of the court would ultimately result in failure of justice, the court must interfere.
Acts & Sections
Article 21 Constitution of IndiaArticle 20(2) Constitution of Indias.300 Code of Criminal Procedure, 1973s.173(8) Code of Criminal Procedure, 1973

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Also decided in this judgment
Can a constitutional court direct a fresh investigation by an independent agency where the original investigation was not conducted in a proper and objective manner?Does the protection of Article 20(2) and Section 300 CrPC bar trying an accused a second time once already tried and acquitted?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections