The Madurai Bench of the Madras High Court has asked the State to consider setting up a Special Investigation Team of experts in each district comprising eminent officers in order to investigate cases classified as ‘undetected’ for more than five years.
Justice B. Pugalendhi observed that the team should be provided with more infrastructure, more powers and also more pay. On the identification of the accused, the State can consider rewarding the officers involved to encourage them.
The court was hearing petitions seeking directions to police to either conduct further investigation or transfer the investigation to another agency or file the final report within a time frame fixed by the court in respect of the cases reported as ‘undetected’.
When a crime remains undetected due to lapses or inaction of the investigating machinery and the victim is left without recovery or closure for years, it constitutes a violation of Article 21 of the Constitution. The responsibility of the State does not end with the registration of an FIR or filing of an ‘undetected’ report. It continues until justice, in some form, is provided to the victim, the court observed.
The court observed that the materials before the court show that in each of the cases the investigation has been perfunctory and the petitioners, who are victims of theft, have been left without remedy. They have endured years of uncertainty and distress. The pattern of neglect disclosed in the records reveals failure of the State to perform its constitutional duty of protection.
The court held that the petitioners were entitled to compensation and systemic directions must be issued to prevent recurrence of such failures. The Home Department was directed to pay a monetary compensation equivalent to 30% of the value of the property reported stolen in each of these cases to the respective petitioners This payment should be recoverable from the petitioners if the offender is subsequently identified and the property recovered, the court said.
The court directed that the State Crime Records Bureau should review undetected cases on a quarterly basis to identify trends and issue advisories to field units. The Director General of Police should issue a circular reaffirming that filing an undetected report does not terminate investigation and that such cases must be periodically reviewed.
Insofar as the individual relief sought by the petitioners, the Investigating Officers concerned should pursue the investigation with due diligence, the court directed.
Published – November 26, 2025 08:37 pm IST
