[Answered] Criminal laws and procedures, though modified, the shadows of India’s colonial legacy, still remain in them. In the light of the statement, highlight the important changes and present challenges to the criminal laws in India.

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.
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