The Supreme Court in India recently provided a two month duration to high courts and states for setting into place guidelines created to iron out deficiencies and inadequacies in criminal trials. These guidelines are termed as Draft Rules of Criminal Practice, 2020.
Draft Rules of Criminal Practice, 2020
Draft Rules of Criminal Practice, 2020, is a set of recommendations aimed at reforming the processes associated with investigation and legal trials. The Draft Rules purport separate teams of lawyers for assisting the police in their investigation and trials. It also discusses changes such as corrections required in body sketches and specificities in drafting spot panchnamas.
Understanding Criminal Justice System in India
The Criminal Justice System of India consists of government organizations responsible for ensuring law enforcement, adjudicating crime, and rectifying criminal conduct. The primary objectives of this system are preventing crime, punishing criminals, rehabilitating offenders, compensating victims as much as possible, maintaining law and order, and deterring potential offenders.
Why Do We Need Reforms?
Several reasons warrant reforms in the existing Criminal Justice System. A significant reason is its Colonial Legacy. The current criminal justice system is a reflection of British colonial jurisprudence intended to govern the nation during the colonial era, making it questionable in today’s context. Another issue is the Ineffective Justice Delivery. The system, which was meant to protect the innocent and punish the guilty, has become a tool for common people’s harassment. Pendency of Cases is a critical concern too. With about 3.5 crore cases awaiting resolution, especially in district and subordinate courts, justice is often delayed, thereby denied. Moreover, India has one of the highest numbers of undertrial prisoners worldwide, constituting 67.2% of our total prison population, as per NCRB-Prison Statistics India. Lastly, issues related to police workload, corruption, and accountability also pose obstacles in ensuring swift and transparent justice.
Initiatives Taken by The Government
The government of India has initiated several programs towards resolving the issues at hand. These include National Mission for Justice Delivery and Legal Reforms, AI Portal SUPACE, and Modernisation of Police Scheme.
Way Forward
Seamlessly achieving the reform goals requires the following essential steps. One, launching Victim And Witness Protection schemes that focus on victim impact statements, increased victim participation in criminal trials, enhanced access of victims to compensation, and restitution. Two, a Revision of Criminal Codes is necessary to effectively grade criminal liability and determine punishments. This can also include introducing new types of punishments. Three, the Strengthening of Judicial Service by appointing more judges at the subordinate level and providing them with adequate support, promotion opportunities, training, and development. Also, institutionalising All-India Judicial Service can be a significant step in the right direction. Lastly, promoting Alternative Dispute Resolution: Mandating petitioners in commercial litigation to attempt mediation and conciliation and utilising ADR, Lok Adalats, and Gram Nyayalayas effectively.