ICJS Data Related To Criminal Cases Handled By Courts Must Be Synced With Crime Record Bureau: Delhi HC

The Court said that the police authorities also appear to be using multiple databases that have data that is not fully updated.

The Court was hearing a Suo Motu Reference arising out of a bail matter where the Court noted that the State Crime Record Bureau (SCRB) had failed to update the criminal dossier system.

The bench of Justice Prathiba M. Singh and Justice Amit Sharma observed, “it is clear that data related to criminal cases being handled by Courts as available on the ICJS portal needs to be synced with the Crime Record Bureau in order to ensure accurate availability of data relating to the Accused.”

Amicus Curiae Senior Advocate Sanjeev Kumar Dubey appeared for the Appellant and ASC Nandita Rao appeared for the Respondent.

Brief Facts-

In a bail matter, the Additional Sessions Judge noted that the State Crime Record Bureau (SCRB) had failed to update the criminal dossier system because of which there was incorrect information about the accused's judicial status. A reference was made to the Delhi High Court under Section 395(2) of the CrPC, raising questions about whether the failure to update the criminal records system violates fundamental rights under Articles 14, 19, and 21 of the Constitution, whether the State is bound to keep the criminal dossier maintained or updated and well maintained, whether failure to update criminal dossier, whereby even after acquittal, the accused is shown as involved in particular case, can be considered defamatory or in breach of law or fundamental rights.

The Court directed the SCRB and the National Informatics Centre (NIC) to work on a technical solution for syncing the data, with regular updates. A status report indicated progress but emphasised the need for structured data entry and the involvement of the Supreme Court’s e-Committee for data sharing permissions.

The Court said that there can be no doubt that the State is bound to keep updated criminal dossiers in respect of under trials as well as convicts.

“It deserves to be noted that criminal dossiers which were hitherto being maintained in hard copies, are now being maintained electronically and technology has made it quite easier to share data on a real-time basis. Thus, the obligation on the State to maintain an updated criminal dossier would also be effectively complied with if the data can be accurately fed into systems and the data available with the police is made available to the Courts and vice-versa.”, the Court emphasised.

The Court noted that enormous resources are being spent for maintaining and updation of databases but the need is for a coordinated effort for structured feeding of data, sharing of data, and securing of data.

The Court however said that until the databases are duly synchronised and the data is fully shared, the SOP bearing OB No. 03/2021 dated January 21, 2021, shall be followed by the Delhi Police in all the criminal cases before the Trial Courts and the High Court as well as by all investigating and law enforcement agencies.

The Court disposed of the Reference with the direction that the present order be sent to the Member Project Management, e-Committee of the Supreme Court, to be placed before the Hon’ble e-Committee for appropriate orders and directions.