Context:

- Government has set up a 5 member panel to overhaul the criminal laws in India.

Reasons for seeking changes:

- Master-servant concept envisaged in IPC should change.

- In the British era, the police were raised to protect their interests, but now their duty is to “protect the people”.

- There are uneven punishment for crimes of grievous nature. For example — snatching of chains or bags on road. Depending on the whims of the police, it is booked under robbery or theft.

- Even though the IPC has been haphazardly amended more than 75 times, no comprehensive revision has been undertaken in spite of the 42nd report of the law commission in 1971 recommending it.

- Most amendments have been ad hoc and reactive, in response to immediate circumstances like the 2013 amendment after the Delhi gang rape case.

- Too many laws protect and promote patriarchal attitudes within a constitutional framework that promises equality.

- On procedural aspects of criminal law, there is a need to harmonise the statute books with court rulings.

- From raids to arrests and the holding of accused in state custody — criminal law needs to be updated to meet the demands of the democratic temper of the 21st-century.

Proposed Reforms:

- Offences like criminal conspiracy, sedition, offences against coin and stamps etc. must be abolished or replaced.

- It is unnecessary to have hundreds of sections in the category of property offences.

- Chapters on offences against public servants, contempt of authority, public tranquillity, and trespass can be redefined and narrowed.

- New offences under a fresh classification scheme, like those suggested by the Malimath Committee on criminal justice reforms, can be introduced.

Principles of Reform:

- Victim logical underpinnings ought to be given a major thrust in reforming laws to identify the rights of crime victims.

- The launch of victim and witness protection schemes, use of victim impact statements, advent of victim advocacy, increased victim participation in criminal trials, enhanced access of victims to compensation and restitution point to rights of victims in criminal trials.

- Construction of new offences and reworking of the existing classification of offences must be informed by the principles of criminal jurisprudence.

- New types of punishments like community service orders, restitution orders and other aspects of restorative and reformative justice could also be brought in this fold.

- The scheme of chapters and classification of offences can be drastically reworked.

- Unprincipled criminalisation must be avoided to save the state from dealing with too many entrants into the criminal justice system.

- Principled sentencing is needed as judges at present have the discretion to decide the quantum and nature of sentence to be imposed.

- These reforms will be of no consequence unless simultaneous improvements are made in the police, prosecution, judiciary and in prisons.

Recommendations of Malimath Committee:

- Shift from an adversarial criminal justice system, where the respective versions of the facts are presented by the prosecution and the defence before a neutral judge, to an inquisitorial system, where the objective is the “quest for truth” and the judicial officer controls the investigation of offences.

- Dilution of many of the pre-trial safeguards against violence in police custody that an accused has.

- Seeks to double the 90-day period available for filing a charge-sheet after which an accused can be released on bail.

- Need to formulate a witness protection programme, reclassify offences, and involve the victim in all stages of the trial.

- Set up of a State Security Commission, as recommended by the NPC, to insulate the police from political pressure.

- Expanded the definition of rape to include all forms of forcible penetration, are eclipsed by the indifference to most of the concerns of the women’s movements.

- Right to Silence: The court be given with the freedom to question the accused to elicit information and draw an adverse inference against the accused in case the latter refuses to answer.

- Right of the accused: 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.

- Presumption of Innocence: A fact be considered as proven “if the court is convinced that it is true” after evaluating the matters before it than focussing on proof beyond doubt.

- Dying declaration: The committee favoured dying declarations, confessions, and audio/video recorded statements of witnesses be authorised by law.

Reference: https://indianexpress.com/article/opinion/editorials/revise-the-law-6493221/