Flaws in the Criminal Justice System
Kartavya Desk Staff
Syllabus: Governance: Police Reforms Source: TH
Context: Recently, a woman in Bareilly, Uttar Pradesh, falsely accused a man of rape, leading to wrongful imprisonment. It highlights the loopholes in India’s Criminal Justice System. Also, the government recently extended the centrally sponsored scheme for Fast Track Special Courts (FTSC) till 2026.
Structure of the Criminal Justice System in India:
The Criminal Justice System in India ensures justice for victims and fair treatment for the accused. It operates based on the Indian Penal Code (IPC) and Criminal Procedure Code, soon to be replaced by Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.
Three main pillars: | Police: Investigate crimes, apprehend suspects, and enforce laws.
Judiciary: Interpret laws and deliver judgments, with the Supreme Court and High Courts at the top.
Correction System: Manage prisons, focusing on punishment and rehabilitation.
Key Principles | Presumption of innocence (the accused is considered innocent until proven guilty beyond a reasonable doubt), the right to a fair trial (the accused has the right to a fair and public trial, including the right to defend themselves and present evidence), and adherence to due process.
Major Challenges in India’s Criminal Justice System
• British Legacy: The old laws were remnants of British colonial rule, designed to maintain their control over India’s justice system.
• Punitive Approach: The focus of the laws was punishment rather than ensuring justice for citizens.
• Low Conviction Rates: The laws contributed to low conviction rates and delayed justice, eroding public trust in the legal system.
• Pendency: Over 5 crore pending cases (July 2023).
• Delays: Delays violate the right to a speedy trial (N.S Sahni v. Union of India).
• Lack of Resources: Only 21 judges per million population (Dec 2023); 35% lower judiciary posts and 400 High Court vacancies (May 2023).
• The politicization of Police: Despite SC (Prakash Singh v. Union of India (2006)) warning Separation of duties was not implemented.
• Bail Issues: Over 75% of the prison population are undertrial; prisons at 130% occupancy.
• Gender Bias: Persistent biases, e.g., Karnataka HC judge’s comments on a rape victim.
• Prison Conditions and Mental Health: Model Prison Manual 2016 mandates mental health services, however, there is a high rate of mental illness among prisoners.
• Maharashtra: 42,577 prisoners but only one psychiatrist and two psychologists (2022).
• Non-Implementation of Police Complaints Authority: Prakash Singh (2006) mandated Police Complaints Authorities (PCAs).
• Human Rights Violations: 175 deaths in police custody (2021-2022).
The positive aspects of the proposed criminal law reforms (Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.):
• Modernization of Criminal Justice System: E.g., using e-FIR, Zero FIR, new cyber offences, and modernised evidence collection.
• Update of Outdated Laws
• Stringent Provisions for Women and Children: The Bharatiya Nyaya Sanhita (BNS) has dedicated a separate chapter to these matters and introduced new forms of offence.
• Innovations:Innovations such as trial in absentia and the introduction of community service as a penalty for minor offences are noteworthy.
• Gender Inclusivity: The proposed reforms have reviewed language for gender neutrality and replaced outdated terms such as ‘insanity’ with ‘mental illness.’
• Specific Definitions and Offenses: The bills define and address offences like terrorism, organized crime, mob lynching, and negligent acts, adding new dimensions to criminal law.
• Protection for Victims:, protection and rights of victims, including provisions related to victims’ participation, and rights.
• Expedited Justice:g., Requirement for judgments to be given within 30 days after the trial concludes and limitations on adjournments.
What more needs to be done:
• Bail Reform: Supreme Court directive: Bail should be the rule (Balchand v. State of Rajasthan, 1978). Implement the Law Commission’s 268th Report (2017) to reduce undertrial detention and ensure bail is the norm, not the exception.
• Victim and Witness Protection: Fully implement the Witness Protection Scheme (2018) with proper funding and oversight, as recommended by the Malimath Committee (2003).
• Revamping Fast-Track Courts: Assign dedicated judges, improve infrastructure, set binding timelines, and introduce case management systems to expedite cases.
• Combatting Criminalization of Politics: Establish an institution to tackle political criminalization, investigate the political-criminal nexus, and take decisive action, as suggested by the Vohra Committee (1993).
• Legal Aid Reform: Increase funding and create performance-based incentives for legal aid providers to ensure effective representation for disadvantaged defendants.
• AI in Case Management: Integrate AI for case management, scheduling, and pretrial risk assessment, ensuring transparency and preventing biases.
• Prison Administration Reform: Implement mandatory segregation of undertrials, convicts, and first-time offenders, and enforce national health insurance schemes in prisons, following the Justice Amitava Roy Committee recommendations.
• Gender Sensitization: Mandatory training for judicial officers on gender sensitivity, and establishing accountability mechanisms for gender-biased comments, referencing the SC Handbook on Gender Stereotypes.
• Victim-Centric Justice: Provide comprehensive victim support services, including counselling, legal aid navigation, and a guaranteed right to be heard in court.
• Promoting Restorative Justice: Adopt restorative justice practices focusing on healing harm caused by crime, as recommended by the Madhav Menon Committee (2007).
Additional information:
Insta Links:
• India’s Criminal Justice System
Mains Link:
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. (UPSC 2014)
Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. (UPSC 2015)