Section 302 of Indian Penal Code

Death Sentence – The trial court must elicit information from the accused and the state, both. The state, must – for an offence carrying capital punishment – at the appropriate stage, produce material which is preferably collected beforehand, before the Sessions Court disclosing psychiatric and psychological evaluation of the accused. This will help establish proximity (in terms of timeline), to the accused person’s frame of mind (or mental illness, if any) at the time of committing the crime. Criminal Trial – The prosecution, in the interests of fairness, should as a matter of rule, in all criminal trials, comply with the above rule, and furnish the list of statements,documents, material objects and exhibits which are not relied upon by the investigating officer. The presiding officers of courts in criminal trials shall ensure compliance with such rules.

Code of Criminal procedure 1973-Section 24-Public prosecutor – A public prosecutor (appointed under Section 24 CrPC) occupies a statutory office of high regard.Rather than apart of the investigating agency,
they are instead, an independent statutory authority who serve as officers to the court.The role of the public prosecutor is intrinsically dedicated to conducting a fair trial, and not for a “thirst to reach the case in conviction”.

Criminal Investigation – Test identification parade – TIPs should normally be conducted at the earliest possible time to eliminate the chance of accused being shown to witnesses before the identification parade, which might otherwise affect such witnesses’ memory.

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