Emerging Criminal Justice System: Challenges and Opportunities

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30-Jul-2024 | Samiksha Kanaujia

The primary goals of the criminal justice system are to prevent and control crime, maintain public order and peace, protect the rights of victims and individuals involved in legal conflicts, punish and rehabilitate those found guilty of committing crimes, and overall safeguard life and property from criminal activity.

Criminal Justice System in India

India’s criminal justice system is based on the Indian Penal Code (IPC) 1860, the Indian Evidence Act 1872 and the Code of Criminal Procedure 1973.
- The Indian Penal Code (IPC) is the authorised criminal code of India formed in 1860 following the establishment of the first law commission in 1834 under the Charter Act of 1833.
- The Indian Evidence Act (IEA) was enacted in 1872 by the Imperial Legislative Council during the British Raj. It establishes a framework of regulations and related matters that determine the admissibility of evidence in Indian courts of law.
- The Code of Criminal Procedure (CrPC) outlines the protocols for implementing criminal legislation in India. The legislation was passed in 1973 and took effect on April 1, 1974.
The principal governing agencies of the criminal justice system include the police, the judiciary, and correctional facilities. Under the Indian Constitution, it is regarded as the foremost responsibility of the state.
- Therefore, the responsibility for Police and Prison Administration falls with the State.
- However, the Supreme Court administers the judiciary in the entire country at the federal level and the High Courts at the state level.
The police serve as the initial point of contact for anyone subjected to crime and are tasked with the duty of investigating and apprehending perpetrators. The court is tasked with administering justice through legal proceedings and imposing sentences, while the correctional system is responsible for rehabilitating prisoners and preventing re-offenders.

The Structure of the CJS has Four components:

Police Investigation: According to Section 161 of the Criminal Procedure Code, 1973, the investigating officer has the authority to question anyone who may possess information related to the case and record their statements.
Prosecution of Case by the Prosecutors: Prosecutors formally accuse individuals of committing crimes and attempt to prove their guilt in a court of law.
Determination of Guilt by the Courts: The courts determine guilt and deliver sentences based on their discretion, considering aggravating and mitigating aspects, the offender's background, and the probability of their rehabilitation.
Correction through the Prison System: Inmates in Indian prisons participate in programs that aim to reform and rehabilitate them via yoga, meditation, vocational training, and education.

Challenges Involved in the Criminal Justice System in India

As of July 2023, there were more than five crore pending cases in all courts in India. Out of the total number of cases, 87.4% are pending in subordinate courts, 12.4% are in High Courts, and there are around 1,82,000 cases that have been pending for more than 30 years.
Judicial vacancies are another challenge; India has 21 judges per million people. The Law Commission had recommended a target of 50 judges per million people 36 years ago.
The police are frequently accused of abuse of power, including unwarranted arrests, unlawful incarceration, wrongful requests, harassment, custodial assault, death, and other serious offences. Further, preventative laws are giving the police more and more authority.
Human rights violations occur in prisons; officials employ physical force on inmates in the name of investigating crimes and getting confessions. Sexual assaults, including molestation and custodial rape, are another kind of torture that women endure.

Commissions Established to Reform Criminal Justice System

The National Police Commission (NPC) has proposed that cases of custodial deaths or rapes should be subject to a judicial inquiry.
The Malimath Committee proposed the establishment of a separate police force dedicated to the maintenance of law and order as well as crime investigation.
The All India Jail Reforms Committee, often known as the Mulla Committee, highlighted the need to employ trained and competent staff members to manage prisons. To achieve this, the committee recommended the establishment of a correctional service.
The Krishnan Iyer Committee proposed recruiting women personnel in the police force to deal with women and juvenile offenders.

Important Judicial Pronouncements Related to Reform the Criminal Justice System

The case of Hussainara Khatoon v. Home Secretary, State of Bihar, in 1979, established that detaining undertrials in jail for a duration longer than their prescribed penalty is a glaring infringement of their fundamental rights as protected by Article 21.
In the case of Prem Shankar Shukla v. Delhi Administration (1980), the court observed that the practice of handcuffing is inhuman and unreasonable; thus, an accused person must not be handcuffed in the first instance.
In the State of Gujarat v. High Court of Gujarat Case in 1988, it was ruled that prisoners in jail must get a reasonable wage for the work or labour they have done.
In the Prakash Singh v. Union of India Case in 2006, the Supreme Court ruled that every state must establish a state security committee to monitor the activities of the police and ensure that there is no tampering.
The case of S.P. Anand v. State of Madhya Pradesh in 2007 ruled that prisoners have a basic right to health despite limited freedom of movement and liberty.

The New Criminal Laws

As of July 1, 2024, the new criminal laws have been put into effect by the Centre, the laws were passed in parliament in December 2023. These new laws superseded the Indian Evidence Act of 1872, the Code of Criminal Procedure of 1973, and the Indian Penal Code of 1860. The three Bills and their key provisions

Bharatiya Nyay Sanhita (BNS), 2023, which replaced IPC, 1860
- The BNS adds organised crime (Section 109) and petty organised crime (Section 110). Clause 111(1) includes organised crime and terrorism offences formerly covered by UAPA and state-specific acts.
- The infamous IPC Section 124A, which criminalised sedition, is repealed. Section 150 of the BNS expands sedition to include acts that jeopardise India's sovereignty and integrity.
- Mob lynching is now a distinct offense under the BNS.
Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, which replaced CrPC, 1898
- The BNSS permits Zero FIRs at any police station, regardless of jurisdiction. The FIR will be investigated at the appropriate police station. This feature simplifies crime reporting, especially in emergency cases.
- Rape survivors' statements will be recorded by a woman police officer in front of their guardian or relative. Medical examination and report must be done within 7 days.
Bharatiya Sakshya Adhiniyam (BSA), 2023, which replaced Evidence Act of 1872
- The BSA makes electronic documents and digital evidence admissible in court with the same legal validity as paper records.
- To avoid hearing delays, courts can adjourn only twice. After the trial, criminal judgments must be rendered within 45 days. After the first hearing, charges must be filed within 60 days.

Some Critics of the New Laws

The new laws provide more power to the police, allowing them to conduct preliminary investigations prior to filing First Information Reports (FIRs) for specific offences. This could lead to increased police discretion and potential delays in filing cases.
The absence of a provision similar to Section 377 of the IPC has prompted inquiries on the legal safeguards for specific non-consensual sexual activities.
The maximum duration of incarceration in police custody has been increased from 15 days to 90 days for severe offences. Fears of police brutality and torture in prison have surfaced in response to this shift.
The lack of discussion and debate surrounding these legislation before their quick approval has been criticised.
Furthermore, there are apprehensions regarding the potential consequences on ongoing legal proceedings and a potential surge in the backlog of cases awaiting trial.

Conclusion

An efficient functioning of the Criminal Justice System is needed to maintain law and order in a society, and it has to align with the complexities of society. The formation of the new laws is a big step but its implementation will decide its success. As a nation, we still need to work on the challenges of pending cases, shortages of judges, and abuse of power. In addition, we need to ensure that people, especially from marginalised communities, have access to the justice system.

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