IPC, CrPC in for change as Union home ministry tries to speed up justice

NEW DELHI: From diluting the right to file appeal and seek legal remedies in heinous crimes against women to making forensic evidence compulsory in criminal cases where punishment is seven years or more, the Union home ministry is examining several suggestions to amend the laws dealing with crimes.
The ministry, in consultation with the Bureau of Police Research and Development (BPR&D), is considering amendments to the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Evidence Act, and these are among the proposals being looked into, officials in the know said.

The current provisions of the CrPC give the state, victim and the accused the right to appeal against lower court judgements before a higher court, in order to avoid any miscarriage of justice. However, this clause has led to inordinate delays in certain cases, like the 2012 Nirbhaya gang-rape and murder where the convicts are using legal remedies to seek relief from capital punishment, officials said.

The IPC was enacted in 1860, while the Indian Evidence Act came into effect in 1872 and the CrPC in 1973.

“The new laws should reflect the modern reality and they should be in accordance with democratic aspirations of the people and provide speedy justice to women, children and the weaker sections of people,” a home ministry official said. The ministry has sought suggestions from states and union territories, he said.

“Any amendments to CrPC’s appeal or revision process will have to be legally examined as the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, confers power to the apex court to hear an appeal from any judgement, final order or sentence in a criminal proceeding of a high court in the territory of India, for certain cases/conditions,” the official explained.

Among other suggestions under examination is the use of the ‘inquisitorial system’ followed in France and Germany where the investigation is supervised by a judicial magistrate. This leads to a high rate of conviction, instead of the ‘adversarial system’ followed in India where lawyers represent their parties’ case.

Officials said some of the features of the inquisitorial system could also be adopted to strengthen the current adversarial system to make it more effective. This was also among the recommendations of the 2003 Malimath committee, set up by the then home minister LK Advani to suggest reforms on the criminal justice system.

Under IPC, classifications like blue collar, white-collar, black-collar, red collar and green-collar crimes have been suggested to equip and empower the police to deal with complex dynamics of internal security. Another suggestion is on setting up of modus operandi bureaus at the national and state levels to study the technique of crime and the mentality of criminal.

Home minister Amit Shah, during his visit to the BPR&D in August last year, had called for the establishment of a National Police University and Forensic Science University, with affiliated colleges in every state. He opined that this would help create skilled manpower needed to tackle complex cases requiring advanced forensic science capabilities.

The home minister was of the view that practices such as the use of third degree and torture must be stopped. “We should use scientific techniques for investigation,” he had said.