Revamping the Criminal Justice System of India
Context:
- To guarantee a fair, just, and effective criminal justice system, the new Bills that replace the IPC, CrPC, and IEA must be properly scrutinised by parliament.
Introduction:
- The Indian Penal Code (IPC), 1860; the Code of Criminal Procedure (CrPC), 1973; and the Indian Evidence Act (IEA), 1872, which serve as the cornerstones of the criminal justice system, are to be replaced by three bills submitted by the government.
- The Parliamentary Standing Committee on Home Affairs is reviewing these bills. (The IPC will be replaced by the Bharatiya Nyaya Sanhita Bill, the CrPC by the Bharatiya Nagarik Suraksha Sanhita Bill, and the IEA by the Bharatiya Sakshya Bill.)
The Criminal Justice System:
- The network of public and commercial organisations that handle criminals who have been charged and found guilty is known as the criminal justice system. The criminal justice system is made up of several interconnected pillars, including the judiciary, forensic services, academia, law enforcement, and corrections.
- These pillars are designed to uphold the principles of justice under the law. Due process is the process by which the rights of individuals are forged with the government’s corresponding obligation to uphold and defend those rights, leading to legal justice.
- Without the unwavering dedication of those employed by the criminal justice system, these constitutional rights cannot be granted and safeguarded. As a result, these professionals need to demonstrate consistent integrity in their character and subject to the ethical standards of the criminal justice system.
- This is made possible by a respectable code of professional ethics, which, when applied correctly, communicates competence, dependability, responsibility, and general trustworthiness.
Concerns brought out by the Bills:
- These Bills offer a chance for a revision of the laws that underpin the criminal justice system because they replace the Acts in their entirety and are not just Amendment Bills meant to close particular loopholes. This begs the following queries: Do they amend the legislation to incorporate contemporary jurisprudential ideas? How do the numerous special laws relate to these Bills? Do they aid in clearing the criminal justice system’s backlog? Are different laws and meanings clearly written and free of ambiguity?
Problems with modernising the body of law:
- First, are civil law exempt from these bills? Criminal law typically addresses matters deemed to be offences against the state or larger society, whereas civil law addresses personal injury.
- The CrPC does, however, contain rules for the support of the wife and children following a divorce. Additionally, it permits the impacted party to compound some charges, clearing the accused.
- Secondly, will these Bills establish a system of punishment or reform? The practise of using community service as a kind of punishment is a step in the right direction. A trial and conviction will be required for a number of lesser offences, such as maintaining an illegal lottery office, which has a maximum sentence of six months in jail. These offences are not compoundable, though.
- Third, should the criminal justice system and public order maintenance be included in the same legislation? The CrPC includes sections that outline the arrest and trial procedures as well as issues like Section 144 that provide the district magistrate the authority to impose certain kinds of limitations. This arrangement remains in the revised Bill.
- Fourth, have the numerous orders issued by the Indian Supreme Court been incorporated into these proposed laws? The Bill formalises the process for requesting mercy. Nevertheless, different guidelines pertaining to arrests and bail have not been codified.
- The fifth question is if the Bills make an effort to guarantee uniform application. Penalties for offences usually include a range, and the judge’s job is to determine the exact punishment within that range given the particulars of each case.
- Sixth, if the age restrictions have been modified to reflect contemporary standards. A child under the age of seven cannot be charged with a crime, according to the IPC. If it is determined that the youngster has not yet developed the mental capacity to comprehend the nature and repercussions of his actions, the exemption is valid until the age of twelve.
- Seventh, has the list of offences relating to gender been updated? The Bill complies with the ruling of the Supreme Court that invalidated the adultery crime. The Court struck down Section 377 of the IPC, decriminalising same-sex relationships between consenting adults. As a result, the portions of the judgement that persisted, such as the rape of an adult male and bestiality, were also eliminated.
Inconsistencies and duplications among the laws:
- The main statute outlining offences and punishments was passed in 1860 and is known as the IPC. Since then, a number of laws have been passed to address particular offences. Nonetheless, some of these offences and the corresponding punishments are still listed in the IPC and the Bill that would replace it. This causes these laws to be inconsistent and redundant. Penalties can vary in certain situations, and an individual may be prosecuted under separate statutes for the same offence.
- This has been dealt with in certain instances. For instance, the Legal Metrology Act, 2009 eliminates the IPC’s weights and measures rules, which were previously stated to not apply.
- The Bill, like the IPC, does, however, have some overlap with other Acts, including those concerning bonded labour, the trade of tainted medications, adulterated food, and reckless driving. The Medical Termination of Pregnancy Act, 1971 permits abortions under specific instances, although it is still illegal overall. Although a special Act was established in 2007 covering this, the provision mandating maintenance of a parent is still there in the Bill replacing the CrPC.
Drafting and Definitions:
- A person with a mental disorder is generally exempt from prosecution under the Bill that replaces the IPC (this was previously known as unsound mind).
- The Mental Healthcare Act of 2017 maintains the same definition of mental illness.
- This Act covers alcohol and drug misuse as well as mental retardation or inadequate development because its goal is to give medical treatment to people with mental disease. As a result, the new Bill will fully exempt those who are addicted to drugs or alcohol, but it will not exempt those who suffer from mental retardation and are unable to comprehend the repercussions of their acts.
- The three statutes’ provisions were explained with numerous examples from everyday life. Even though some of these pictures are no longer relevant, they are being kept. These consist of individuals being carried on palanquins, firing cannons, and riding chariots. It could be helpful to bring these drawings up to speed with current happenings.
Way Forward:
- The foundation of the criminal justice system will be these bills. To guarantee the establishment of an equitable, just, and effective criminal justice system, Parliament should carefully review these measures.
