Transforming Our Nation’s Criminal Justice System: Empowering Justice and Equality🌟🏛️🤝

Introduction to Criminal Justice System

Recently the Union Home Minister introduced three new Bills in the Lok Sabha that propose a complete overhaul of the country’s criminal justice system.

The Bharatiya Nyay Sanhita Bill, 2023: This bill is intended to replace the Indian Penal Code (IPC) of 1860. The IPC is a key piece of legislation that defines various criminal offenses and their punishments in India. Replacing it with a new code suggests a comprehensive reevaluation and update of criminal laws in the country.

The Bhartiya Nagrik Suraksha Sanhita Bill, 2023: This bill aims to replace the Code of Criminal Procedure (CrPC) of 1898. The CrPC is a procedural law that governs the processes involved in the investigation and trial of criminal cases. Replacing it suggests changes in how criminal cases are investigated and prosecuted in India.

The Bharatiya Sakshya Bill, 2023: This bill seeks to replace the Indian Evidence Act of 1872. The Evidence Act is a crucial law that deals with the rules of evidence in criminal and civil cases. Replacing it suggests modifications in how evidence is collected, presented, and considered in legal proceedings.

The criminal justice system is a comprehensive framework of laws, procedures, and institutions designed to address and manage criminal activities within a society. Its primary objectives are to prevent, identify, investigate, prosecute, and penalize criminal behavior while upholding the rights and safety of individuals. This system encompasses various components and entities, including:

1. Law Enforcement Agencies: These organizations, such as police forces, are responsible for maintaining public order, investigating crimes, apprehending suspects, and collecting evidence.
2. Judicial Institutions: This includes courts and judges who oversee legal proceedings, evaluate evidence, and make decisions on guilt or innocence. The judiciary ensures that trials are conducted fairly and according to the law.
3. Legislative Bodies: Lawmakers in legislative bodies create and amend criminal laws, statutes, and regulations. They play a vital role in defining what constitutes a crime and determining appropriate penalties.
4. Correctional Facilities: Prisons and correctional institutions house individuals convicted of crimes and aim to rehabilitate them, ensuring they serve their sentences while also addressing the safety of society.
5. Legal Professionals: Lawyers, prosecutors, and defense attorneys represent parties involved in criminal cases. They advocate for their clients’ interests within the bounds of the law.
6. Forensic and Investigation Agencies: These organizations provide specialized expertise in collecting and analyzing evidence, which is crucial in solving crimes and ensuring the fair administration of justice.
7. Supportive Services: Various support agencies, such as victim advocacy groups, social services, and probation departments, assist individuals affected by crime and aid in the reintegration of offenders into society.

Proposed Changes in the Bharatiya Nyay Sanhita Bill, 2023:

1. Definition of Terrorism and Related Offenses: The bill defines terrorism and offenses related to separatism, armed rebellion against the government, and challenging the sovereignty of the country, consolidating these under a single legal provision.
2. Repeal of Sedition: The bill repeals the offense of sedition, which has been criticized for curbing free speech and dissent, and is considered a colonial-era relic.
3. Capital Punishment for Mob Lynching: The bill prescribes capital punishment as the maximum sentence for mob lynching, a crime that has been a growing concern in recent years.
4. Punishment for Deceptive Sexual Intercourse: It proposes a 10-year imprisonment term for sexual intercourse with women on false promises of marriage, addressing a common form of deception and exploitation.
5. Introduction of Community Service: The bill introduces community service as a form of punishment for specific crimes, aiming to reform offenders and reduce prison overcrowding.
6. Timely Filing of Charge Sheets: The bill establishes a maximum limit of 180 days to file a charge sheet, with the goal of expediting the trial process and preventing indefinite delays.

Proposed Changes in the Bhartiya Nagrik Suraksha Sanhita Bill, 2023:

1. Use of Technology in Legal Proceedings: The bill promotes the use of technology for trials, appeals, and recording depositions, allowing for video-conferencing in legal proceedings.
2. Compulsory Video-Recording of Statements: It mandates the video-recording of statements from survivors of sexual violence, which can help preserve evidence and prevent coercion or manipulation.
3. Accountability and Transparency: The bill requires police to inform complainants about the status of their complaints within 90 days, enhancing accountability and transparency in the investigation process.
4. Amendment to Section 41A of CrPC: Section 41A of the Code of Criminal Procedure (CrPC) will be renumbered as Section 35 and includes a safeguard that prevents arrest without prior approval from a senior police officer for certain offenses punishable by less than 3 years or involving individuals above 60 years.
5. Victim Consultation in Case Withdrawals: Police must consult with victims before withdrawing cases punishable by seven years or more, ensuring that justice is not compromised or denied.
6. Trial of Absconding Criminals: The bill allows absconding criminals to be tried in-absentia by a court and sentenced, which can serve as a deterrent against fugitives escaping justice.
7. Electronic Records as Evidence: It empowers magistrates to consider offenses based on electronic records such as emails, SMSs, WhatsApp messages, etc., facilitating evidence collection and verification.
8. Mercy Petitions in Death Penalty Cases: Mercy petitions in death sentence cases must be filed within 30 days to the Governor and within 60 days to the President. No appeals can be made against the President’s decision in any court.

The proposed changes in the Bharatiya Sakshya Bill, 2023, focus on modernizing and enhancing the admissibility and reliability of evidence within the criminal justice system in India. Here are the key proposed changes in the bill:

1. Definition of Electronic Evidence: The bill defines electronic evidence as any information generated or transmitted by any device or system that can be stored or retrieved by any means. This broad definition aims to encompass a wide range of digital data.
2. Criteria for Admissibility of Electronic Evidence: It establishes specific criteria for the admissibility of electronic evidence, including factors like authenticity, integrity, and reliability. These criteria are designed to prevent the misuse or tampering of digital data and ensure that it can be trusted in legal proceedings.
3. Special Provisions for DNA Evidence: The bill includes special provisions for the admissibility of DNA evidence, addressing factors such as consent and the chain of custody. These provisions aim to enhance the accuracy and reliability of biological evidence in criminal cases.
4. Recognition of Expert Opinion: The bill recognizes expert opinion as a valid form of evidence. This includes opinions from experts in fields like medicine and handwriting analysis. Expert opinions can assist in establishing facts or circumstances relevant to a case.
5. Presumption of Innocence: The bill introduces the presumption of innocence as a fundamental principle of the criminal justice system. This means that every person accused of an offense is presumed to be innocent until proven guilty beyond a reasonable doubt. This presumption underscores the importance of fair and just legal proceedings.

The current criminal justice system in India faces several significant issues that affect its efficiency and fairness. These issues include:

1. Pendency of Cases: There is a massive backlog of cases in Indian courts, with over 4.7 crore (47 million) pending cases across different levels of the judiciary. This leads to significant delays in justice delivery, infringing on the right to a speedy trial and eroding public trust in the system.
2. Lack of Resources and Infrastructure: The criminal justice system suffers from inadequate funding, manpower, and facilities. The shortage of judges, prosecutors, police personnel, forensic experts, and legal aid lawyers is a critical problem. As of February 2023, there are only 21 judges per million population, and there are numerous vacancies in high courts and the lower judiciary.
3. Poor Quality of Investigation and Prosecution: Investigation and prosecution agencies often fail to conduct thorough, impartial, and professional investigations. They can face interference from political and other influences, leading to corruption and a lack of accountability in the process.
4. Human Rights Violations: The criminal justice system is frequently accused of violating the human rights of the accused, victims, witnesses, and other stakeholders. Instances of custodial torture, extrajudicial killings, false arrests, illegal detentions, coerced confessions, unfair trials, and harsh punishments are reported.
5. Outdated Laws and Procedures: The criminal justice system relies on laws and procedures that date back to the British era in 1860. These archaic laws are not in sync with contemporary times and do not adequately address new forms of crimes, such as cybercrime, terrorism, organized crime, mob lynching, and others.
6. Public Perception: Police-public relations in India are often characterized as unsatisfactory. Many people perceive the police as corrupt, inefficient, and unresponsive, leading to hesitation in seeking their assistance or reporting crimes.

Several committees and directives have played a significant role in proposing reforms for the criminal justice system in India. Here are some key committees and their recommendations:

1. Vohra Committee, 1993:
   • Purpose: To address the issue of criminalization of politics and the nexus between politicians, bureaucrats, criminals, and anti-social elements.
   • Recommendation: It recommended the establishment of an institution to collect intelligence from various sources and take appropriate action against individuals involved in criminal activities and politics.
2. Malimath Committee, 2003:
   • Purpose: To revamp the criminal justice system.
   • Key Recommendations:
     • Introduction of a new category of offenses called ‘social welfare offenses’ for minor violations that can be dealt with by imposing fines or community service.
     • Suggested replacing the adversarial system with a ‘mixed system’ that incorporates some elements of the inquisitorial system, allowing judges to play an active role in collecting evidence and examining witnesses.
     • Recommended reducing the standard of proof required for conviction from ‘beyond reasonable doubt’ to ‘clear and convincing evidence.’
     • Advocated for making confessions made before a senior police officer admissible as evidence.
3. Madhav Menon Committee, 2007:
   • Purpose: To draft a national policy on criminal justice.
   • Key Recommendations:
     • Emphasized the importance of respecting human dignity and human rights in every stage of criminal justice.
     • Promoted restorative justice, focusing on healing the harm caused by crime rather than inflicting punishment.
     • Called for improved coordination and cooperation among various agencies involved in criminal justice, including the police, judiciary, and prosecution.
4. Supreme Court Directives on Police Reforms, 2006:
   • Purpose: In response to a public interest litigation seeking police reforms in India, the Supreme Court issued directives to ensure the functional autonomy, accountability, and professionalism of the police force.
   • Key Directives:
     • Establishment of a State Security Commission to lay down policies for police functioning, evaluate performance, and ensure that state governments do not exert unwarranted influence on the police.
     • Ensuring a fixed tenure for the Director General of Police, selected based on objective criteria rather than political influence.
     • Separation of the investigation and law and order functions of the police to expedite investigations, enhance expertise, and improve relations with the public.
     • Creation of Police Complaints Authorities at the state and district levels to investigate allegations of serious misconduct and abuse of power by police personnel.

The proposed reform of India’s criminal justice system holds significant importance for several reasons:

1. Modernization and Simplification: The reform aims to modernize and simplify the country’s criminal laws, which are currently outdated and complex. This update will align the legal framework with the evolving nature of crime, society, and technology, making it more relevant to contemporary India.
2. Repeal of Draconian Laws: One of the key aspects of the reform is the repeal of the draconian sedition law under Section 124A of the IPC. This law has been widely criticized for its misuse against dissenters and critics of the government, and its removal signifies a commitment to safeguarding freedom of expression and dissent.
3. New Offenses: The reform introduces new offenses such as terrorism, corruption, mob lynching, and organized crime, addressing gaps in the existing legal framework and enabling the more effective prosecution of these crimes.
4. Gender Neutrality: It makes certain sexual offenses gender-neutral, recognizing that men and transgender individuals can also be victims or offenders. This move promotes inclusivity and ensures that the law is not biased based on gender.
5. Enhanced Use of Electronic Evidence: The reform promotes the increased use of electronic evidence and forensics throughout the criminal justice process, enhancing the efficiency and reliability of investigations, prosecutions, and adjudications.
6. Empowerment of Citizens: The reform empowers citizens by allowing them to register police complaints at any police station, regardless of the location where the crime occurred. This step makes it easier for individuals to seek justice and report crimes without geographical constraints.
7. Protection of Constitutional Rights: The reform underscores the protection of fundamental constitutional rights, including the right to life, liberty, dignity, privacy, and a fair trial. This ensures that the criminal justice system operates in line with constitutional principles and safeguards the rights of all individuals.

The proposed reforms to the criminal justice system in India have faced criticism and raised several issues, including:

1. Lack of Consultation and Transparency:
   • The bills were drafted by a Criminal Law Reforms Committee in 2020 without representation from key stakeholders such as the judiciary, the legal community, civil society, or marginalized communities.
   • The committee did not make its report or draft bills publicly available for wider consultation and feedback, raising concerns about the lack of transparency and inclusivity in the reform process.
2. Potential Violation of Human Rights:
   • The bills have been criticized for using vague and broad terms that could potentially infringe on the human rights of various stakeholders, including the accused, victims, and witnesses.
   • For instance, the Bharatiya Nyay Sanhita Bill (BNS) introduces a new offense of “acts endangering sovereignty, unity, and integrity of India” under Section 150, which is seen as similar to the repealed offense of sedition (Section 124A of IPC). This has raised concerns about the potential suppression of dissent and free speech.
   • The Bharatiya Nagrik Suraksha Sanhita Bill (BSB) allows confessions made before a police officer to be admissible as evidence under Section 27A, which may increase the risk of custodial torture and coercion.
   • The Bharatiya Nagrik Suraksha Sanhita Bill (BNSS) grants extensive powers to the police to arrest, search, seize, and detain without judicial oversight or adequate safeguards, raising concerns about potential misuse of authority.
3. Lack of Coherence and Consistency:
   • The bills have been criticized for being inconsistent and contradictory with each other and with existing laws.
   • For example, the BSB introduces a new standard of proof for conviction, changing it from “beyond reasonable doubt” to “clear and convincing evidence,” without providing a clear definition or explanation for this new standard.
   • The BNSS introduces a new category of offenses called “social welfare offenses,” but the description and criteria for these offenses are not fully defined or explained.

Way Forward to Criminal Justice System

1. Inclusive Consultation:
   • Initiate a broader consultation process that involves all stakeholders, including the general public. This inclusive approach will help accommodate diverse perspectives and address concerns before implementing any reforms.
2. Human Rights Safeguards:
   • Explicitly incorporate human rights principles and safeguards into the proposed legislation. Clearly define and narrow down vague terms to prevent potential misuse of the law and ensure the protection of fundamental rights.
3. Coherent Legal Framework:
   • Ensure consistency and coherence across the proposed bills and other existing laws. This alignment is critical to avoid conflicts and contradictions within the legal framework.
4. Technology Integration:
   • Enhance the use of technology in the criminal justice process. Implement digitized evidence collection, online proceedings, and video-recorded statements to expedite trials, reduce case backlog, and enhance transparency in legal proceedings.
5. Capacity Building:
   • Invest in training, recruitment, and infrastructure to strengthen the capacity of law enforcement agencies, the judiciary, and legal aid services. Adequate resources are essential for a more efficient and fair administration of justice.
6. Restorative Justice:
   • Embrace restorative justice principles that prioritize reconciliation, restitution, and rehabilitation. This approach can help address the root causes of crime, reduce recidivism, and provide closure to victims.
7. Public Awareness:
   • Launch awareness campaigns to educate the public about their rights and responsibilities within the criminal justice system. Improved police-public relations and a better understanding of legal processes can enhance trust and cooperation.

Read more….

Frequently Asked Questions (FAQ) on the Criminal Justice System:

1. What is the Criminal Justice System (CJS)?

• The Criminal Justice System is a comprehensive framework of laws, institutions, and processes designed to prevent, detect, prosecute, and punish criminal activities while safeguarding the rights and safety of all individuals involved.