Introduction: Contextual introduction. Body: Write some important changes in the criminal laws in India. Also, write some present challenges to the criminal laws. Conclusion: Write a way forward. |
The criminal laws and procedures are help in enforcing the law, maintaining peace and harmony and treating criminal conduct. In India Article 21 guarantees the right to speedy justice as a fundamental right. The criminal laws in India were majorly enacted by the British East India Company, but a lot of amendments were made to the laws.
Important changes in the criminal laws:
- Indian Penal Code (IPC): amended in 1983 and 1986 to introduce sections 498A for cruelty by husband and his relatives, and Section 304B for the dowry related death.
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: to prevent the offences of atrocities against the members of the SCs and STs.
- Protection of Children from Sexual Offences Act, 2012: to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts.
- The Information Technology Act, 2000: It has been amended to give legal sanctity to electronic documents and signatures to facilitate online transactions and check cybercrime.
- National Investigation Agency (NIA): Constituted in 2008 after 26/11 terror attacks, to investigate and prosecute offences affecting national security.
- Section 377 of the IPC: The Supreme Court granted relief to the LGBTQ+ community.
- The SC has ruled that the right to privacy is one of the fundamental rights under the Constitution of India.
Present challenges:
- There are allegations of using brute force and a large trust deficit between the public and police.
- Despite ‘Police’ being a State subject, no State government has given due attention to police reforms so far.
- No State or UT has adopted the Model Police Actdrafted by Soli J. Sorabjee.
- The State’s police acts continue to live with British time provisions, like the connection between the magistratesand the police in the system.
- Introduction of the police Commissionerate systemin metropolitan areas (as per the provisions of the Criminal Procedure Code) is always resisted.
Way forward:
- The trust deficit can be bridged by improving soft skills and ensuring investigation in an impartial manner.
- The use of technology and forensic techniques must be encouraged to enhance the quality of evidence.
- Specialised wings need to be established to deal with newer types of crime.