Constitutional Courts and the Power to Direct De Novo Investigation in Flawed Criminal Trials

sketch of the Supreme Court of India
Case
KUSUMAVATI GOWDA v. THE GOVERNMENT OF KARNATAKA (Supreme Court of India, 21-09-2026)
Law
Code of Criminal Procedure, Constitution of India, Indian Penal Code.

Highlights of the Judgment:

  • Detailed analysis of the constitutional powers under Article 226 and Section 482 CrPC to order de novo investigation.
  • Distinction between further investigation under Section 173(8) CrPC and fresh investigation by an independent agency.
  • Enforcement of fair investigation as a fundamental component of the right to life under Article 21.
  • Reiteration of protections against double jeopardy under Article 20(2) and Section 300 CrPC for acquitted accused persons.
  • Application of victimology principles when flawed investigations threaten the administration of criminal justice.