The Indian government has recently initiated an amendment process to its Criminal Laws, specifically the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. The Ministry of Home Affairs is seeking suggestions from various stakeholders, including Governors, Chief Ministers, the Chief Justice of India, and Chiefs Justices of various High Courts. This move is in response to several reports from Parliamentary Standing Committees that have pointed out the need for a comprehensive review of the country’s criminal justice system.
Historical Background of the Criminal Justice System
The codification of criminal laws in India was carried out during British colonial rule and remains largely unchanged in the 21st century. The chief architect of the codification process was Lord Thomas Babington Macaulay. Criminal law in India ultimately affects the relationship between the state and its citizens and continues to be governed by the Indian Penal Code (1860), the Code of Criminal Procedure (1973), and the Indian Evidence Act (1872).
The Urgency for Reforms
The current system of criminal justice bears the stamp of colonial-era jurisprudence, designed more with the intention of ruling the nation rather than serving its citizens. The system, originally meant to protect the innocent and punish the guilty, is now seen as a tool for harassing the common populace. A massive backlog of cases and a high number of undertrial prisoners burden the system. These deficiencies, coupled with issues like corruption within the police forces and lack of accountability, hinder the fair and speedy delivery of justice.
Efforts Towards Reform
Several efforts have been made to improve the Criminal Justice System of India (CJSI). The Madhav Menon Committee in 2007 and the Malimath Committee in 2003 submitted various recommendations for reforming the CJSI. However, despite these efforts, the system is still considered to not adequately cater to the rights of crime victims.
Proposed Framework of Reform
For better justice delivery, the system needs reforms that ensure greater protection of victims. This involves launching victim and witness protection schemes, increasing victim participation in criminal trials, and enhancing victim access to compensation and restitution. The creation of new offences and the reclassification of existing ones should also be guided by the principles of criminal jurisprudence.
New punishments like community service orders and restitution orders should also be considered. Better grading of criminal liability could help in assigning appropriate punishments.
Streamlining IPC and CrPC
The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) need streamlining. The classification of offences should be revamped to better manage future crimes. Several chapters of the IPC, including those on offences against public servants, contempt of authority, public tranquillity, and trespass need to be redefined and narrowed.
Preventing Unprincipled Criminalisation
There is a need for guiding principles to be upheld before an act is criminalised. Unprincipled criminalisation often leads to arbitrary rulings and the creation of new offences on unscientific grounds. This reform is crucial to eliminating arbitrariness from the criminal justice system.