The Criminal Justice System is a set of laws, processes and institutions that aim to prevent, detect, prosecute and punish crimes while ensuring the rights and safety of all people.
News jungal desk: It includes institutions like Police Forces, Judicial institutions, Legislative bodies and other supportive organisations such as Forensic and Investigation agencies.
Existing Issues in current Criminal Justice System:
1)pendency of cases: According to, National Judicial Data Grid, there are 4.7 crore cases pending in Indian courts across different level of judiciary. This leads to delays in justice delivery, violation of right to speedy trial and loss of public trust in judiciary.
2)Lack of Resources and Infrastructure: The criminal justice system suffers inadequate funding, manpower, and facilities.There is shortage of judges, prosecutors, police personnel, forensic expert and legal aid lawers.
Fopr a country of 140 million , there are only 21 judges per million.
there are almost 400 vacancies vacant in the High Courts and and 35% in lower judiciary.
According NCRB, India, 67.2% are undertrial prisoners out of total prisoners.
3)Poor Quality of Investigation and Prosecution: The Investigation and Prosecution agencies often fail to conduct thourough, impartial and professional investigations. They face interference from political and other influences, also corruption and lack of transperancy and accountability.
Different Committees to Reform in Criminal Justice System in India:
Vohra committee, 1993
Malimath committee, 2003
Madhav Menon committee, 2007
Recent in News:
Recently Union Home Minister introduced three new bills in Lok Sabha that propose a complete overhaul of country’s criminal justice system.These three bills are:
The Bhartiya Nyay Sanhita Bill, 2023 will replace the IPC ,1860.
The Bhartiya Nagrik Suraksha Sanhita Bill, 2023 will replace the CrPC, 1973.
The Bhartiya sakshya bill, 2023,2013 will replace the Evidence act 1872.
Proposed Changes in The Bhartiya Nyay Sanhita Bill, 2023:
It defines terrorism and other offences such as separatism, armed rebellion against the government, challenging the sovereignty of the country, which were earlier mentioned in different laws.
It repeals the offence of Sedition, which was widely criticized as colonial relic that curbed free speech and dissent.
It prescribes Capital Punishment as the maximum sentence for Mob Lynching which has been a menace in recent years.
It proposes 10 years imprisonment for sexual intercourse with women on false promise of marriage, which is a common form of deception and exploitation.
It fixes maximum limit of 180 days to file a chargesheet, which can speed up trial process and prevent indefinite delays.
it proposes community service as a form of punishment for specific crimes, which can help to reform offender and reduce overcrowing in prisons.
Proposed Changes in The Bhartiya Nagrik Suraksha Sanhita Bill, 2023
It promotes the use of technology for trials, appeals, and recording depositions(formal written statement) and also allowing video conferencing for proceedings.
it makes video recording of sexual violence survivors compulsory.it will help in preserving evidence and preventing coercion or manipulation.
In section 35, no arrest can be made without prior approval from an officer at least rank of DSP, for the offences punishable by 3 years or for individual above 60 years.
It empowers Magistrates to take cognizance of offences based on electronic records such as Emails, SMS, Whatsapp messages, which can facilitate evidence collection and verification.
Proposed Changes in The Bhartiya Sakshya Bill, 2023:
It lays down specific criteria for the acceptance of electronic evidences such as authencity, integrity, and reliability, which can prevent misuse or tampering of digital data.
It establishes special provisions for the acceptance of DNA evidence such as consent, chain of custody, which can enhance accuracy and reliability on biological evidence.
It recognises experts opinion as a form of evidence such as medical opinion, handwriting analysis, which can assist in establishing facts or circumstances, relevant to case.
It introduces The Presumption of Innocence as a fundamental principle of the criminal justice system, which means that every person accused of an offence is presumed to be innocent until proven guilty beyond reasonable doubt.
Conclusion:
These reforms aim to modernize and simplify the criminal justice laws which are outdated and complex.These reforms will make the laws more in tune with the indian spirit and ethos, and reflect the changing nature of crime, society and technology.
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