Criminal Justice Reforms - UPSC

Criminal justice reforms refer to the changes and improvements made in the system that deals with crime and punishment. These reforms aim to make the system fairer, more efficient, and more effective in delivering justice. In recent years, there has been growing recognition of the need to address issues like overcrowded prisons, lengthy court processes, and unequal treatment of individuals based on their socio-economic status. Reforms focus on various aspects, such as ensuring timely justice, protecting the rights of the accused, improving law enforcement practices, and rehabilitating offenders. The goal is to create a system that not only punishes wrongdoers but also supports victims, prevents future crimes, and promotes a safer society for everyone.

Tags: GS-2 , Polity & Governance- Constitutional Amendments— Judiciary — Government Policies & Interventions

For Prelims: IPC, 1860,CrPC, 1973 and the Indian Evidence Act, 1872, Criminal Justice System reforms India, Bharatiya Nyay Sanhita Bill 2023, Bhartiya Nagrik Suraksha Sanhita Bill 2023, Bharatiya Sakshya Bill 2023, Criminal justice reform recommendations.

For Mains: Issues in criminal justice system reforms, Human rights concerns in legal reforms, Lack of transparency in bill drafting, Inconsistencies in proposed legal changes.

Table of Contents

Context:

Three new criminal laws – Bharatiya Nyaya Sanhita (BNS), Bhartiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – were implemented nationwide on July 1.
These laws ushered in extensive reforms in India’s criminal justice system, replacing colonial-era legislations such as the Indian Penal Code (1860), Code of Criminal Procedure (1973), and Indian Evidence Act (1872).

What is the Criminal Justice System of India?

About the system:

The criminal justice system comprises laws, procedures, and institutions designed to prevent, detect, prosecute, and penalise crimes, while safeguarding the rights and safety of individuals.
India’s criminal justice system, governed by the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC), is set to be revamped with the introduction of the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita to replace them.

Main Pillars:

Police: Responsible for crime investigation, suspect apprehension, and law enforcement, operating under state jurisdiction.
Judiciary: Interprets and applies the law, delivering judgments in criminal cases. The Supreme Court at the federal level and High Courts in states oversee lower courts.
Correction System: Manages prisons and jails, focusing on punishment and ideally rehabilitating offenders.

Key Principles:

Presumption of Innocence: Accused individuals are deemed innocent until proven guilty beyond a reasonable doubt.
Right to Fair Trial: Guarantees accused individuals the right to a fair, public trial, including defence and evidence presentation.
Due Process: Ensures correct legal procedures are followed to safeguard fair trials

What are the Proposed Changes in India’s Criminal Justice System?

Proposed Changes in the Bharatiya Nyay Sanhita Bill, 2023:
Definition of Terrorism: Consolidates definitions of terrorism and related offences under a unified framework.
Repeal of Sedition: Removes sedition as an offence, criticised for stifling free speech and dissent.
Capital Punishment for Mob Lynching: Establishes death penalty as the maximum punishment for mob lynching, addressing a growing societal concern.
Imprisonment for Sexual Deception: Introduces 10 years imprisonment for deceiving women with false promises of marriage, aiming to combat exploitation.
Introduction of Community Service: Implements community service as a punishment for certain crimes, focusing on offender rehabilitation and prison decongestion.
Timely Filing of Charge Sheets: Mandates a maximum of 180 days to file charge sheets, aiming to expedite trials and prevent prolonged delays.

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

The bill encourages the adoption of technology for trials, appeals, and recording depositions, including the use of video-conferencing for proceedings.
It mandates the compulsory video-recording of statements from survivors of sexual violence, aimed at safeguarding evidence and preventing coercion or manipulation.
The bill requires police to inform complainants about the status of their complaint within 90 days, enhancing accountability and transparency.
Section 41A of the CrPC will be renumbered as Section 35, now requiring approval from at least a Deputy Superintendent of Police (DSP) before making arrests for offences punishable by less than 3 years or involving individuals above 60 years.
The bill mandates police consultation with victims before withdrawing cases punishable by seven years or more, ensuring justice is not compromised.
It allows trials in-absentia for absconding criminals, strengthening deterrence against fugitives.
The bill empowers magistrates to consider offences based on electronic records like emails, SMSs, and WhatsApp messages, aiding evidence collection and verification.
Mercy petitions in death sentence cases must be filed within 30 days to the Governor and within 60 days to the President, with no appeal lying against the President’s decision in any court.

Proposed Changes in Bharatiya Sakshya Bill, 2023:

The bill defines electronic evidence as any data generated or transmitted by any device or system capable of storage or retrieval through any means.
It establishes specific criteria for the admissibility of electronic evidence, focusing on authenticity, integrity, and reliability to prevent misuse or tampering of digital data.
The bill includes special provisions for the admissibility of DNA evidence, emphasising consent and the chain of custody to enhance the accuracy and reliability of biological evidence.
It acknowledges expert opinion, such as medical assessments and handwriting analysis, as valid forms of evidence to establish relevant facts or circumstances in a case.
The bill introduces the presumption of innocence as a foundational principle of the criminal justice system, ensuring that every accused person is considered innocent until proven guilty beyond a reasonable doubt.

What are the Upsides and Downsides of the Three New Criminal Laws?

Upsides:

Expanded Definition of Rape: Includes sexual intercourse with a minor wife as rape, broadening protection for vulnerable individuals.
Mob-Lynching Offences: Acknowledges and criminalizes mob-lynching, addressing hate crimes more effectively.
Repeal of Section 377: The BNS excludes Section 377 of the IPC, which criminalised consensual “carnal intercourse against the order of nature,” marking a progressive step.
Enhanced Judicial Processes: Introduction of video-conferencing for trials and timelines for speedy trials aims to improve justice delivery, contingent on effective implementation.

Downsides:

Consultation and Passage Concerns: Hastened parliamentary passage during the pandemic raised procedural and consultative issues among legal experts and stakeholders.
Limited Overhaul: While significant, some experts argue that the new laws do not constitute a complete overhaul of existing legislation.
New Sedition Provisions: Despite claims to the contrary, the BNS introduces broader definitions of sedition, potentially impacting free speech.
Gender-Neutral Rape Laws: Lack of gender-neutral rape laws leaves male victims of sexual assault with limited legal recourse, highlighting an ongoing issue.

What are the Issues in the Current Criminal Justice System of India?

Pendency of Cases: Over 4.7 crore cases are pending in Indian courts, leading to delays in justice delivery and undermining public trust.
Lack of Resources and Infrastructure: The system lacks adequate funding, manpower, and facilities, with only 21 judges per million population and significant vacancies in high courts and lower judiciary.
Poor Quality of Investigation and Prosecution: Agencies often face interference, corruption, and lack of accountability, impacting the impartiality and professionalism of investigations.
Human Rights Violations: There are concerns about violations, including custodial torture, extrajudicial killings, coerced confessions, and unfair trials.
Outdated Laws and Procedures: Laws dating back to 1860 do not address modern crimes like cybercrime and terrorism adequately.
Public Perception: The police are perceived as corrupt, inefficient, and unresponsive, affecting police-public relations negatively.

What are Committees’ to Reform the Criminal Justice System of India?

Vohra Committee, 1993:

Addressed criminalisation of politics and nexus between politicians, bureaucrats, criminals, and anti-social elements.
Recommended establishing an institution for intelligence gathering and taking action against such elements.

Malimath Committee, 2003:

Recommended revamping the criminal justice system.
Key proposals included introducing ‘social welfare offences,’ adopting a mixed system combining adversarial and inquisitorial elements, lowering the standard of proof, and allowing senior police officers’ confessions as evidence.

Madhav Menon Committee, 2007:

Drafted a national policy on criminal justice.
Emphasised human dignity, restorative justice, and enhancing coordination among police, judiciary, and prosecution.

Supreme Court Directives on Police Reforms, 2006:

Issued to ensure police autonomy, accountability, and professionalism.
Included directives for establishing State Security Commissions, fixed tenure for DGP selection, separation of police functions, and setting up Police Complaints Authorities.

What is the Government’s Preparation for Implementing the 3 Criminal Laws?

Operational Training: The Bar Council of India mandates integrating the new laws into university and legal education curricula starting from the 2024-25 academic year.
Publicity and Awareness Campaign: The Bureau of Police Research and Development (BPR&D) coordinates an Inter-Ministerial Group for a comprehensive publicity campaign.

Technology Upgradation:

The National Crime Records Bureau (NCRB) has implemented 23 functional upgrades in the Crime and Criminal Tracking Network and Systems (CCTNS) application to enhance tech compatibility, including FIR registration.
The National Informatics Centre (NIC) has developed applications like eSakshya, Nyay Shruti, and eSummon to facilitate electronic documentation of crime scenes, judicial hearings, and court summons.
Capacity Building: BPR&D has formulated 13 training modules to enhance the capabilities of police, prison staff, prosecutors, judicial officers, forensic experts, and central police organisations.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Prelims:

Q:1 For which one of the following reforms was a Commission set up under the Chairmanship of Veerappa Moily by the Government of India? (2008)

Police Reforms
Tax Reforms
Reforms in Technical Education
Administrative Reforms

Ans: (d)

Mains:

Q:1 We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (2014)

Q:2 Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyse the causes and consequences of such violence. (2015)

Source: IE

FAQs

Q: What are criminal justice reforms?

Answer: Criminal justice reforms are changes made to improve how the system deals with crime and punishment. The goal is to make the system fairer, faster, and better at protecting everyone’s rights, including the accused, victims, and the community.

Q: Why do we need criminal justice reforms?

Answer: We need criminal justice reforms because the current system often has problems like overcrowded prisons, long delays in court cases, and unfair treatment of certain groups. Reforms aim to fix these issues, ensuring that justice is delivered more effectively and equitably.

Q: How can criminal justice reforms benefit society?

Answer: Reforms can benefit society by reducing crime rates, ensuring that innocent people are not wrongly punished, and making sure that those who commit crimes are fairly tried and appropriately rehabilitated. This leads to a safer and more just society for everyone.

Q: What are some examples of criminal justice reforms?

Answer: Examples of criminal justice reforms include speeding up court processes to reduce delays, improving prison conditions, using rehabilitation programs instead of long jail sentences for minor crimes, and implementing measures to prevent wrongful convictions.

Q: Who is involved in pushing for criminal justice reforms?

Answer: Many people and groups are involved in pushing for criminal justice reforms, including lawmakers, judges, lawyers, activists, and ordinary citizens. These stakeholders work together to identify problems in the system and propose solutions to improve it.

To get free counseling/support on UPSC preparation from expert mentors please call 9773890604

Join our Main Telegram Channel and access PYQs, Current Affairs and UPSC Guidance for free – Edukemy for IAS
Learn Economy for free- Economy for UPSC
Mains Answer Writing Practice-Mains Answer Writing
For UPSC Prelims Resources, Click here

Criminal Justice Reforms – UPSC – Edukemy