What is Criminal Justice System Reforms?
Historical Background
Key Points
9 points- 1.
Addressing Judicial Delays: Implementation of fast-track courts, promotion of alternative dispute resolution (ADR), and increasing the judicial strength to clear pending cases.
- 2.
Ensuring Fair Trial: Upholding principles of presumption of innocence, providing free legal aid (under Article 39A), and guaranteeing the right to a speedy trial (implicit in Article 21).
- 3.
Police Reforms: Modernizing investigation methods, promoting scientific evidence collection, improving police-public relations, and ensuring accountability.
- 4.
Strengthening Prosecution: Ensuring the independence of public prosecutors, providing adequate resources, and enhancing their training and expertise.
- 5.
Victim and Witness Protection: Implementing robust measures to safeguard victims and witnesses from intimidation and retaliation, crucial for unbiased testimony.
- 6.
Prison Reforms: Shifting focus from punitive to rehabilitative justice, improving prison conditions, and reducing the undertrial population.
- 7.
Decriminalization and Alternative Sentencing: Reviewing minor offenses for decriminalization and exploring community service or probation as alternatives to incarceration.
- 8.
Leveraging Technology: Implementing e-courts, digital case management systems, and using digital evidence to enhance efficiency and transparency.
- 9.
Legislative Updates: Reviewing and updating substantive and procedural laws, as seen with the proposed Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.
Recent Developments
5 developmentsIntroduction of three new criminal laws – BNS, BNSS, and BSA – in 2023 to replace the colonial-era IPC, CrPC, and Evidence Act, aiming for a more victim-centric and technology-driven approach.
Continued focus on the e-courts project to digitize judicial processes and improve access to case information.
Ongoing debates and proposals for bail reforms to address the high number of undertrial prisoners.
Implementation of the Victim Compensation Scheme under CrPC Section 357A, though with varying effectiveness across states.
Increased emphasis on forensic science and cyber forensics in criminal investigations.