The Pending Legal Needs in India's Criminal Justice System - A Rethinking
Authored BY - Radhika Dwivedi
INTRODUCTION
In India, only about 16 out of every 100 people arrested for criminal offenses get convicted. The low percentage of conviction reflects the ineptitude of India's Criminal Justice System, which includes the police, prosecutors, and judges. As a result, many people have lost faith in India's criminal justice system, which is extremely dangerous. The Indian government has considered reconsidering the Malimath Committee Report on Reforms in the Indian Criminal Justice System[1] (2003).
WHAT IS THE CRIMINAL JUSTICE SYSTEM (CJS)
The Criminal Justice System (CJS) consists of the institutions/agencies and processes established by a government to combat crime in the country. This includes elements such as police and courts. The goal of the Criminal Justice System (CJS) is to defend individuals' and society's rights and personal liberty from invasion by others. The Indian Penal Code of 1860, the Protection of Civil Rights Act of 1955, the Dowry Prohibition Act of 1961, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 are all sources of criminal law in India. CJS has the authority to impose fines on people who break the established laws. The concurrent list of the seventh schedule of the constitution includes criminal law and criminal procedure.
BACKGROUND OF THE CRIMINAL JUSTICE SYASTEM IN INDIA
The Indian Criminal Justice System is a centuries-old system based mostly on the Penal legal system created by British rule in India. Even after 70 years of independence, the system has not seen significant modifications. The most egregious example could be Section 124A of the Indian Penal Code (IPC), which defines and punishes sedition. In 1973, the entire Code of Criminal Procedure (Cr.P.C.) was modified. The formation of the Vohra Committee was India's first attempt at revamping the criminal justice system. The Vohra Committee report (1993) made a comment on the criminalization of politics and the relationship between criminals, politicians, and bureaucrats in India. In 2000, the government appointed a group led by former Chief Judicial of Kerala and Karnataka, Justice V.S. Malimath, to recommend reforms to the century-old criminal justice system. The Malimath Committee issued a report in 2003 with 158 suggestions, but none were followed. The Committee believed that the current system "favoured the accused and did not appropriately focus on justice for crime victims."
WHY THERE IS A NEED FOR REFORM IN THE CRIMINAL JUSTICE SYSTEM IN INDIA?
In India, only approximately 16% of those arrested for criminal offenses get convicted. The low conviction rate reflects the ineptitude of India's Criminal Justice System, which includes the police, prosecutors, and court." quote= "In India, only approximately 16% of persons arrested for criminal offenses get convicted. The low percentage of conviction reflects the ineptitude of India's Criminal Justice System, which includes the police, prosecutors, and judges.
The system has become ineffective: - The CJS was established by the state to defend the rights of the innocent and punish the guilty, but the system, which is based on century-old outdated legislation, has resulted in harassment of people by government agencies as well as pressure on the judges.
Inefficiency in justice delivery: - The system takes years to bring justice and has lost its effectiveness in deterring criminals. There is a lack of coordination between the judges, the prosecution, and the police. In a vast proportion of situations, the guilty go unpunished. On the contrary, many innocent persons are still held as under trail detainees. According to NCRB data, undertrials make up 67.2% of our overall jail population.
Complex nature of the crime: - Crime has expanded significantly, and the form of crime is getting increasingly sophisticated as a result of technology advancements.
Investigation incapability: - It resulted in a delay or haphazard investigation of crimes, which contributed significantly to the delay in dispensing speedy justice.
Inequality in the justice: - Even in cases of major crimes, the rich and powerful are rarely prosecuted. Furthermore, the rising link between crime and politics has brought a new dimension to the crime picture.
The lowered confidence of common man: - The legal system has become convoluted and costly. Mob violence is becoming more common.
RECOMMENDATUON OF THE MALIMATH COMMITTEE
Some of the important recommendations of the committee were[2]: -
KEY ISSUE IN THE RECOMMENDATIONS
REFORMS UNDERTAKEN BY THE GOVERNMENT
WHAT ARE THE CURRENT ISSUES RELATED TO THE CRIMINAL JUSTICE SYSTEM IN INDIA?
For example, Section 66A of the Information Technology Act of 2000 imposed penalties for delivering offensive messages by computer or other communication equipment.
Even after the Supreme Court overturned Section 66A, police continued to make arrests. It demonstrates a lack of coordination and an inability to apply decisions on the ground.
The intricacy of statutory language makes the legal system difficult to understand for persons with varied linguistic origins.
This linguistic barrier restricts their comprehension of their rights, exacerbates their lack of awareness, and effectively hinders them from seeking justice[5].
CONCLUSION
It is advisable to reread the committee recommendations in order to examine their potential implementation. However, the reforms should be implemented with caution and after thorough deliberation. Provisions such as lowering the threshold of proof or accepting confessions to senior police as evidence must be thoroughly debated.
The Supreme Court has already established standards for how the prosecution and police should work together to bring victims justice and punish the guilty.
The ideas upon which the justice system was formed should not be jeopardized by reforming the CJS. To make things easier for the average person, the regulations and procedures must be streamlined. The primary focus must be on police reforms, including the appointment of more judges, the use of scientific techniques, the expansion of forensic labs, and other infrastructural improvements.
[1] Kumar, A., 2022. Criminal Justice System of India - ClearIAS. [online] Available at: [Accessed 7 November 2022].
[2] Kumar, A., 2022. Criminal Justice System of India - ClearIAS. [online] Available at: [Accessed 7 November 2022].
[3] Kumar, A., 2022. Criminal Justice System of India - ClearIAS. [online] Available at: [Accessed 7 November 2022].
[4] Anon., 2022. Revitalising Indian Criminal Justice System. [online] Available at: [Accessed 7 November 2022].
[5] Anon., 2022. Revitalising Indian Criminal Justice System. [online] Available at: [Accessed 7 November 2022].
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