Critically examine the issues plaguing the Criminal Justice System in India and suggest reforms in light of the recommendations of various committees.

The Criminal Justice System (CJS) of India is a crucial pillar of democratic governance, designed to uphold law and order, ensure justice, and protect individual rights. However, in recent years, it has come under intense scrutiny for its inefficiencies, outdated frameworks, and systemic delays, resulting in a loss of public faith.

Issues in the Indian Criminal Justice System:

1. Pendency of Cases:
   1. Over 4.7 crore cases are pending across all levels of judiciary as per National Judicial Data Grid, 2023.
   1. Delays infringe the Right to Speedy Trial under Article 21.
2. Shortage of Resources:
   1. India has only 21 judges per million population (Feb 2023), far below the required standard.
   1. 35% vacancies in lower judiciary and 400+ vacancies in High Courts further cripple the justice system.
3. Poor Quality of Investigation:
   1. Investigations are often politicized, unprofessional, or under-resourced.
   1. Lack of forensic infrastructure, scientific evidence collection, and coordination.
4. Human Rights Violations:
   1. Reports of custodial torture, fake encounters, coerced confessions, and illegal detentions which violates Article 20 (Protection against self-incrimination) and Article 22 (Protection against arbitrary arrest).
5. Outdated Laws and Procedures:
   1. The IPC (1860) and CrPC (1973), derived from colonial laws, do not reflect modern realities like cybercrime or organized terrorism.
6. Public Perception:
   1. As per the Second ARC, the police-public relationship remains strained due to perceptions of corruption, inefficiency, and brutality.
7. Low Conviction Rates:
   1. Only 16% conviction rate in criminal cases points to systemic failure in investigation, prosecution, and trial.

Reforms needed as per Committee Recommendations:

1.    Malimath Committee (2003):

• Mixed inquisitorial-adversarial system to empower judges.
• Lowering the burden of proof to “clear and convincing evidence.”
• Allow confessions before senior police officers.
• Enhance victim rights and compensation.
• Establish a Directorate of Prosecution and separate criminal divisions in High Courts.
• Periodic Presidential Commission for performance review.

2.   Vohra Committee (1993):

• Address the criminal-political-bureaucratic nexus.
• Strengthen intelligence-driven action against organized crime.

3.   Madhav Menon Committee (2007):

• Emphasis on restorative justice and better coordination between police, judiciary, and prosecution.

4.   Supreme Court Directives on Police Reforms (Prakash Singh Case, 2006):

• Set up State Security Commissions.
• Fixed tenure for DGPs.
• Separation of investigation and law & order wings.
• Creation of Police Complaints Authority.

Further reforms needed:

1. Legislative Reforms:
   1. Enact a Central Law for organized crime and terrorism.
2. Judicial Strengthening:
   1. Appoint more judges and reduce vacancies.
   1. Use technology for e-courts, AI-based scheduling, and virtual hearings.
3. Victim-Centric Justice:
   1. Establish Victim Compensation Fund and allow them to participate in trials and be represented effectively.
4. Prosecution and Forensic Reforms:
   1. Strengthen forensic labs and chain of custody protocols and appoint Independent Directorate of Prosecution for each state.
5. Capacity Building:
   1. Invest in training police, prosecutors, and judiciary and modernize infrastructure at state and district levels.
6. Accountability and Transparency:
   1. Establish Police Complaints Authorities and have periodic performance audits and public grievance redress systems.

Conclusion:

A reformed, accountable, and rights-based CJS will not only deter crime but also restore public confidence and uphold democratic values.

‘+1’ Value addition:

• “Justice delayed is justice denied.” — William E. Gladstone
• In India, only about 16% of people booked for criminal offences are finally convicted as per Malimath Committee.
• Undertrial population is 67.2% of the prison population (NCRB), reflecting over-criminalization and poor legal aid
• Constitutional Provisions Ensuring Justice:
• Article 20: Protection in conviction of offences (double jeopardy, self-incrimination).
• Article 22: Protection against arbitrary arrest and detention.
• Article 39A: Free legal aid to ensure equal justice.

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