Virag Gupta
criminal In the last decades, from the Parliamentary Committee to the Law Commission, there have been consents and suggestions for changes in the laws. In this sense, the three bills introduced for changes in IPC, CRPC and Evidence Act are welcome. There are three major purposes for the change in criminal laws.
- Firstly, to get freedom from the colonial laws of the British era.
- Second, to ensure that people get speedy justice.
- Third, to free the courts from the burden of cases and jails from prisoners.
Why these changes are important
These legal changes will affect the country’s 140 crore population in one way or the other. Changing the order of sections or making only cosmetic changes can increase the confusion, so there is a need for a concrete change in the system along with the laws. In order to keep the judicial system fit on the basis of new laws for the next 50 years, it is necessary that there should be adequate discussion on these not only with the common people but also with the states. After being introduced in the Lok Sabha, these legislations have been sent to a parliamentary committee. If they are not passed in the winter session of the Parliament, then after the end of the term of the Lok Sabha, these bills can be repealed. But first it would be better to see what is special about these proposed changes.
- Terrorism has been defined for the first time.
- There is also a provision for confiscation and attachment of properties of organized criminals.
- Trial can start in the court even in the absence of criminals who have fled abroad or are absconding.
- There is a provision for separate punishment for mob lynching. In murder cases, there is a provision of separate punishment for the people directly involved and the accomplices.
- Digital devices such as e-mails, server logs, computers, smartphones, laptops, SMS, websites, etc. will be recognized as documents and evidence. But if police officers start confiscating people’s computers and mobiles under the guise of this right, then the harassment of the public can also increase.
- There is a provision to abolish section-377 of IPC related to homosexuality.
- In hit-and-run cases, if the accused takes the injured person to the hospital after the accident, he will be punished less. There is a provision of more punishment for the accused who runs away leaving the injured person.
- There is a provision for punishment and fine along with making clear laws against hate and religious inflammatory speeches.
- Provisions have also been made for protection of witnesses along with stricter punishment in crimes against children and women. There is a provision of death penalty in cases of rape of a minor.
- In order to prevent the release of criminals due to political pressure, there is a provision in the new law that the government will not be able to withdraw the case in cases of imprisonment for more than 7 years without hearing the aggrieved party.
- There will be a competent police officer in every district who will personally and online give the certificate of arrest to the next of kin of the accused in custody.
These laws aim to increase the conviction rate in courts to 90 per cent. The provision of summary trial in small cases of punishment of less than three years, such as defamation, involvement of public servant in business with illegal money, attempt to suicide, etc., claims to reduce 40 per cent cases. But the new law will not be applicable in old pending cases. Then how will the burden of lawsuits be reduced? Some provisions are worth noting for this.
- For first-time offenses such as drunken ruckus, theft of less than Rs 5,000, one day’s imprisonment or fine of Rs 1,000 or community service such as planting trees, cleaning can be punished.
- Cases involving property worth less than Rs 20,000 can be settled out of court without trial.
- Instead of calling a transfer or retired officer, only the currently posted officers will be able to testify in the cases.
- If departmental permission is not received within 4 months in cases against officers, it will be treated as yes.
- A first-time offender can be released on bail after serving one-third of the sentence.
- A time limit has also been prescribed for the filing and disposal of mercy petitions in death row cases.
- There are legal provisions for early verdict after trial of cases with filing of charge sheet within three months to do away with the system of date on date. However, no time limit has been fixed for giving judgment in the cases.
some suggestions
According to the constitution and many decisions of the Supreme Court, bail is the rule and jail is the exception. For this, there should be clear provisions in the law, so that the burden on the jails can be reduced along with protecting the right to life of the people. There should be a law to register a criminal case against the police officer who did not register the FIR of the victim and the complainant and his associates who created fake cases against the people. After the release of the person trapped in the wrong trial, there should be a law to get compensation and compensation. This will bring relief to the people and reduce bogus litigation. With the change in laws, more investment is required to improve the judicial infrastructure. With this, apart from getting justice to the people soon, the GDP of the country will also increase.
Disclaimer: The views expressed above are the author’s own.