Modernization of Criminal Laws: A Path towards Speedy Justice and?Freedom
Naveen Kumar Shelar
Advocate | Founder The Law Office, and an NGO- Nayaya A Voice For Justice | Child Rights Activist | Legal Speaker | Author | #Environmental_Justice | Visiting Law Faculty | +12 Years in Practice |
Over the past few decades, a wave of change has been sweeping the corridors of legislative deliberations. From the hallowed chambers of parliamentary committees to the thoughtful chambers of the Law Commission, consent and suggestions for change have been exchanged enthusiastically. Amidst this backdrop, the introduction of three important Bills aimed at amending THE CODE OF CRIMINAL PROCEDURE, 1973, THE INDIAN EVIDENCE ACT, 1872 and THE INDIAN PENAL CODE, 1860
Why the New Law?
Revitalizing India’s Legal Framework: A Historic Mandate
India’s rich history is reflected in its laws, many of which were created during British colonial rule. However, as the nation confidently marches into the 21st century, the need for a complete overhaul of this legal framework has become paramount.?
Change is underway, with old laws being phased out to create a legal horizon symbolizing fairness, justice and stability. The change that is taking place is more than reform; It is a symbol of progress, in tune with the heartbeat of New India.
As India embraces this historical imperative, the transformation of its legal landscape heralds a bright future. It is a future where the law reflects the ethos of the country, ensuring justice for all.
Purpose of New Laws?
There are three major purposes for the change in criminal laws.
i. First, the colonial Freedom from laws;
ii. Second, people get speedy justice, it to ensure.?
iii. Third, to free the courts from the burden of cases and jails from prisoners.
The bills have been referred to the Parliamentary Committee for further consideration. It is important that the committee takes its time and engages in meaningful consultation with all stakeholders before making any recommendations. The stakes are too high to rush this process.
The risk of lapse
There is a risk that these bills may lapse if they are not passed during the current session of Parliament. This would be a major setback for the cause of legal reform in India. It is important to ensure that these bills are passed as soon as possible so that the process of reform can begin.
However, it is also important to take the time to do it right. The legal system is too important to be rushed. It is better to take a little more time and get it right, than to rush through the process and end up with a flawed law.
What is special about these proposed changes?
i. For the first time terrorism has been defined.
ii. There is also a provision for confiscation and attachment of property of organized criminals.
iii. Hearing can start in the court even in the absence of criminals who have fled abroad or are absconding.
iv. There is a provision of separate punishment for mob lynching.
v. In murder cases, there is a provision of separate punishment for those directly involved and accomplices.
vi. Digital devices such as e-mails, logs from servers, computers, smartphones, laptops, SMS, websites, etc. will be recognized as documents and evidence.
vii. There is a provision to abolish section-377 of IPC related to homosexuality.
viii. In hit-and-run cases, if the accused takes the injured person to the hospital after the accident, he will get a lesser punishment. There is a provision of more punishment for the accused who runs away leaving the injured person.
ix. There is a provision for punishment and fine against hate speech and religious incitement.
x. Provisions have also been made for protection of witnesses along with stricter punishment in crimes against children and women.
xi. There is a provision of death penalty in case of rape of a minor.
xii. To prevent the release of criminals due to political pressure, there is a provision that in cases with punishment of more than 7 years, the government will not be able to withdraw the case without hearing the aggrieved party.
xiii. There will be a competent police officer in every district who will hand over the certificate of arrest in person and online to the next of kin of the accused in custody.
xiv. The goal of these laws is to increase the conviction rate in the courts to 90 percent.
xv. The provision of summary trial in minor cases with a sentence of less than three years, such as defamation, involvement of public servant in business with illegal money, attempt to suicide, etc., has been claimed to reduce cases by 40 per cent.
xvi. First-time petty offences, such as drunken brawl, theft below Rs 5,000, can be dealt with by one day’s imprisonment or Rs 1,000 fine or community service such as planting trees, cleaning etc.
xvii. Cases involving property worth less than Rs 20,000 can be settled out of court without a trial.
xviii. Instead of calling any transfer or retired officer, only currently posted officers will be able to testify in the cases.
xix. If departmental permission is not received within 4 months in cases against officers, then it will be considered as deemed consent.
xx. A first time offender can be released on bail after serving one-third of the sentence.
xxi. Time limit has also been prescribed for filing and disposal of mercy petition in death row cases.
xxii. To do away with the system of date on date, there are legal provisions for early verdict after hearing of cases with filing of charge sheet within three months. However, no time limit has been fixed for giving judgment in the cases.
And many more….
Some Concern
Changing the order of currents section or making only cosmetic changes can lead to confusion. Along with the law, there is a need for concrete changes in the system.
If police officers start confiscating people’s computers and mobiles under the guise of this right, then the harassment of the public can also increase.
If the new law will not apply to old pending cases, then how will the burden of lawsuits be reduced??
Some suggestions
According to the Constitution and many decisions of the Supreme Court, bail is the rule and jail is the exception. For this, there should be clear provisions in the law, so that along with protecting the right to life of the people, the burden of debt can also be reduced. There should be a law to register a criminal case against the police officer who did not register the victim’s FIR and the complainant and his associates who created fake cases against the people. After the release of the person trapped in the wrong step, a law should be made to provide compensation and compensation. This will provide relief to the people and reduce bogus litigation. With the change in laws, more investment is needed to improve the judicial infrastructure. With this, people will get justice soon and the country’s GDP will also increase.
In the name of women’s empowerment, the law should not be biased, especially in cases involving false promises of marriage. The initiation of physical intimacy is based on the consent of both parties, and where there is consent, the question of rape becomes irrelevant. Since there is a significant increase in false rape cases, and the law is being used as a tool, we need to establish a balance between false cases and providing justice to women who are genuine victims of rape or any form of sexual assault based on false promises.
It is important to remember that rape is a serious crime, and no man should be falsely accused of it. However, it is also crucial that we work to deliver justice to women who are genuinely victims of rape. We can achieve this balance by distinguishing between false cases and actual victims of rape.