Aiming to make comprehensive changes in criminal laws, the government has initiated the process of amendment to laws such as Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act in consultation with all stakeholders. 

The Ministry of Home Affairs has sought suggestions from Governors, Chief Ministers, Lieutenant Governors and Administrators of Union Territories, Chief Justice of India, Chief Justices of various High Courts, Bar Council of India, Bar Council of various States, various universities, law institutes and all MPs regarding comprehensive amendments in criminal laws. 

What Is Criminal Justice?

The criminal justice system (CJS) is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. 

• Criminal justice can be defined as the system though which crimes and criminals are identified, apprehended, judged, and punished. 
• The aim of the Criminal Justice System is to protect the rights and personal liberty of individuals and the society against its invasion by others.

The criminal justice system is comprised of three parts:

1. Law Enforcement

• Law enforcement officers take reports for crimes that happen in their areas.
• Officers investigate crimes and gather and protect evidence. Law enforcement officers may arrest offenders, give testimony during the court process, and conduct follow-up investigations if needed.

1. The Courts

• The courts can be thought of as the part of the criminal justice system where guilt or innocence of a suspect is assessed at trial.
• Courts are headed by judges, whose role is to make sure the law is followed and oversee what happens in court. 
• They decide whether to release offenders before the trial. Judges accept or reject plea agreements, oversee trials, and sentence convicted offenders.

1. Corrections

• Corrections can be referred to as the administrative part of the criminal justice system due to its application of sentences and enforcement of punishments.
• Correction officers supervise convicted offenders when they are in jail, in prison, or on probation or parole. 

Criminal Justice System (CJS) in India

The Criminal law in India is regulated through various sources. These are-

1. The Indian Penal Code of 1860, 
2. The Protection of Civil Rights Act, 1955, 
3. Dowry Prohibition Act, 1961 and
4. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Need for Reforms in criminal justice system:

• The present criminal justice system in India was introduced by British under the colonial rule.
• Criminal justice systems are replica of the British colonial jurisprudence, which were designed with the purpose of ruling the nation. 
• Therefore, the relevance of these century old laws is debatable in the 21st century. 

Following reasons can be put forward for the reforming the criminal justice system:

1. Delay in resolving the case- Economic Survey 2018-19 stated that, there are about 3.5 crore cases pending in the judicial system.The district and subordinate courts are far lagging behind in resolution of cases. 
2. Ineffectiveness– The criminal justice system means to protect the rights of the innocents and punish the guilty. But now it has become tool of powerful to fulfil their interests and a tool of harassment of common people.
3. Police Investigation- Police is being a front line of the criminal judiciary system, which played a vital role in the administration of justice. Corruption, huge workload and accountability of police is a major hurdle in speedy and transparent delivery of justice.
4. Pending Undertrials– according to the reports India is one of the countries where world’s largest numbers of undertrial prisoners are jails. According to NCRB- Prison Statistics India (2015), 67.2% of our total prison population comprises of under trial prisoners.

Malimath Committee on reforms in criminal justice system:

The Malimath committee (2000) was appointed for examining the fundamental principles of criminal law so as to restore confidence in the criminal justice system.

• This involved reviewing the Code of Criminal Procedure (CrPC), 1973, the Indian Evidence Act, 1872, and the Indian Penal Code (IPC), 1860.
• Malimath Committee submitted its report in 2003. It suggested 158 changes in the CJSI but the recommendations weren’t implemented.

Key Recommendation of the Malimath Committee:

• The Committee suggested that a Schedule to the Code be brought out in all regional languages so that the accused knows his/her rights, as well as how to enforce them and whom to approach when there is a denial of those rights.
• The Committee suggested hiving off the investigation wing from Law and Order.
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• The committee recommends confessions made to a senior police officer (SP rank or above) admissible as evidence.

• The definition of rape has been expanded and new offences against women have been added.
• It suggested separate witness protection law so that safety and security of witness can be ensured and they can be treated with dignity.
• If the victim is dead, the legal representative shall have the right to implead himself or herself as a party, in case of serious offences.
• The State should provide an advocate of victim’s choice to plead on his/her behalf and the cost has to be borne by the state if the victim can’t afford it.
• It recommended a Victim Compensation Fund can be created under the victim compensation law and the assets confiscated from organised crimes can be made part of the fund.

Madhava Menon Committee’s ‘Draft National Policy on Criminal Justice’ (2007):

Madhav Menon Committee on criminal justice reforms submitted its report 2007. 

• Madhav Menon Committee favours the complete revamp of the entire criminal procedure system.
• It has mooted creation of a fund to compensate victims who turns hostile from the pressure of culprits.
• It suggested setting up of separate authority at national level to deal with crimes threatening the country security.

Needs to be done for reforming Criminal Justice System:

Principled sentencing:

• Unprincipled criminalisation often leads to not only the creation of new offences, but also arbitrariness in the criminal justice system.

• Hence, principled sentencing is needed as judges at present have the discretion to decide the quantum and nature of sentence to be imposed and often sentence convicts differently for crimes of the same nature.

Rights of crime victims:

• The focus should be given to identify the rights of crime victims. This includes the launch of victim and witness protection schemes, use of victim impact statements, advent of victim advocacy, increased victim participation in criminal trials, and enhanced access of victims to compensation and restitution.

Criminal jurisprudence:

• Adding provisions for new offences and reworking of the existing classification of offences must be based on the principles of criminal jurisprudence.

Reworked classification of offences:

• Offences like criminal conspiracy, sedition, offences against coin and stamps etc. must be abolished or replaced.
• Classification of offences must be done in a manner conducive to management of crimes in the future.

Way Forward:

The unprincipled criminalisation should be avoided and there must be focus on developing a guiding principle for re-classification of offences. There is also need for simultaneous reforms in police, prosecution, judiciary and in prisons.

Criminal justice is in a state of policy ambiguity. India needs to draft a clear policy that should inform the changes to be envisaged in the IPC or CrPC. All reforms will be in vain unless simultaneous improvements are made in the police, prosecution, judiciary and in prisons.

Our policy makers need to focus on reformative justice in order to bring all around peace in the society.

Source: The Hindu / TOI