Criminal Justice System In India

Context:

Recently, a fabricated rape accusation and sunsequent imprisonment revealed a range of systemic shortcomings in our law enforcement machinery and social complexities that demand urgent attention.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Overview of the Criminal Justice System (CJS) in India
2. Challenges in the Indian Criminal Justice System
3. Reforming the Criminal Justice System (CJS) in India

Overview of the Criminal Justice System (CJS) in India

• Definition and Purpose:
  • The CJS of any state comprises agencies and processes established by the government to manage criminal justice, control crime, and impose punishment on law violators.
• Foundations:
  • India’s CJS is based on the Indian Penal Code (IPC), enacted in 1860.
  • Article 246 of the Constitution places police, public order, courts, prisons, reformatories, and other related institutions in the State List.
• Structure and Components:
  • The basic organs of the CJS include the Police, Judiciary, and Correctional Institutes.
  • The system consists of four main pillars.
    • Legal Provisions:
      • Section 161 of the Criminal Procedure Code, 1973, allows investigation officers to question anyone knowledgeable about a case and record their statement.
      • Prosecutors charge accused individuals with crimes and seek to prove their guilt in court.
      • Courts use discretion in sentencing, considering various factors such as the offender’s background and potential for reform.
    • Imprisonment Objectives:
      • Imprisonment in India focuses on the reformation and rehabilitation of prisoners through education, labor, vocational training, and practices like yoga and meditation.

Challenges in the Indian Criminal Justice System

• Case Backlog:
  • As of July 2023, over 5 crore cases were pending in Indian courts.
  • 87.4% of these are in subordinate courts, 12.4% in High Courts, with 1,82,000 cases pending for over 30 years. The Supreme Court had 78,400 pending cases.
• Judicial Delays:
  • India has only 21 judges per million people, against the target of 50 judges per million, contributing to significant delays.
• Fast-Track Courts:
  • The performance of fast-track courts has been suboptimal.
  • New courts with proper infrastructure and dedicated judges for fast-tracking cases are not established, and existing courts often handle fast-track cases along with their regular caseloads.
• Police Issues:
  • Accusations against the police include unwarranted arrests, unlawful imprisonment, wrongful searches, harassment, and custodial violence.
  • Police are acquiring more power under prevention laws.
• Complexity and Accessibility:
  • Current justice mechanisms are complex and often inaccessible to marginalized people.
  • Institutional focus over capacity-building marginalizes vulnerable sections of society.
• Perceived Biases:
  • Adivasis, Christians, Dalits, Muslims, and Sikhs are disproportionately represented in prisons compared to their population percentages.
• Use of Force and Torture:
  • Authorities sometimes use physical force to extract confessions and investigate crimes.
  • Women face torture, including custodial rape, molestation, and other forms of sexual abuse.

Reforming the Criminal Justice System (CJS) in India

• Judicial Principle on Bail:
  • The Supreme Court, in the landmark judgment of State of Rajasthan v. Balchand alias Baliya in 1978, established the principle: “Bail is rule and jail is an exception.”
• Law Commission’s Recommendations:
  • The 268th Report of the Law Commission of India emphasized the need for urgent measures to reduce the length of detention and recommended revisiting the bail laws to prevent excessive detention.
• Expeditious Case Disposal:
  • Long-pending sessions cases should be disposed of quickly to make these courts “truly fast-track.”
• Capacity Building:
  • Training, mentoring, and building the capacities of young professionals are essential for improving the quality of socio-legal services and enhancing the effectiveness of the CJS.
• Addressing Judicial Vacancies:
  • Filling judicial vacancies is crucial for maintaining a functional and fair judicial system. The All India Judicial Service (AIJS) can be explored for recruiting judges at the additional district judge and district judge levels.
• Artificial Intelligence (AI) in Judiciary:
  • AI can assist judges in making decisions regarding bail, sentencing, and parole.
  • AI can also be used to assess the risk of recidivism among offenders, aiding in more informed decision-making.

-Source: The Hindu