The Union Home Minister Amit Shah has affirmed that a major revamp of the criminal justice system is underway as the central government has received multiple suggestions from several states, union territories (UT) and central forces for reforms of the Criminal Procedure Code (CrPC), Indian Penal Code (IPC) and the Evidence Act. The home ministry’s process to take consultations even takes into account the recommendations of courts and also bar associations.
From fourteen states and three union territories, eight central police organisations, six central armed police forces (CAPFs), and seven non-governmental organisations (NGOs) have submitted comments on possible changes to several British-era laws that have been in force for decades.
Major Concern Areas
Stakeholders, including civil rights activists, have been calling for the repeal of IPC Section 124A (sedition) on the grounds that it is vague and open to misinterpretation and abuse in order to stifle free speech. While anti-national activities must be made punishable by law, experts have proposed restrictions or guidelines to prevent misuse.
A section of stakeholders has also asked for a review of bail provisions to protect those who cannot afford bail. Another important reform sought relates to hate crimes such as lynching, which are currently dealt with under IPC provisions relating to murder.
There is also a view that the use of mercy petition provisions by death-row convicts to buy time before facing the gallows should be stopped by amending the relevant laws appropriately.
Drone attacks, cyber-attacks, narcotics trafficking, counterfeit currency, and hawala trade were also mentioned as major challenges for police forces by Shah, who asked the BPR&D to assess the nature of these issues and study best practices from around the world in order to devise effective and timely solutions.
There was uneven punishment for crimes of grievous nature. “For example — snatching of chains or bags on road. It could be life-threatening in some cases but the punishment is not commensurate with the gravity of the crime. Depending on the situation, it is booked under robbery or theft. So, there is a need to standardise the punishment.
In 2016, the Home Ministry had proposed the insertion of two stricter anti-racial discrimination provisions in the IPC. The two amendments — Section 153A and Section 509A “to deal with racially motivated crimes” but as per the report published online, it received a lukewarm response from the States.
Two committees comprising legal luminaries was constituted by the Ministry as per the Hindu newspaper report in 2019. After it was framed, the IPC has never been amended in totality. Some additions and deletions have been made. The Ministry of Home Affairs (MHA) has asked all state governments in 2019 to send their suggestions for a major overhaul and recasting of the Indian Penal Code and the CrPC.
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