Overhauling IPC, IEA and CrPC Is Good But Police And Judicial Reforms Must Also Be Carried Out Simultaneoulsy
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack
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By Sunil Garodia
First publised on 2020-07-08 16:41:56
About the Author
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack
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The Union Ministry of Home Affairs (MHA) has constituted a five-member expert committee to overhaul the criminal laws in India. The ministry is also consulting the Bureau of Police Research and Development to amend many provisions of the Indian Penal Code (IPC), the Indian Evidence Act (IEA) and the Code of Criminal Procedure (CrPC). These were long overdue steps as the IPC was enacted in 1860 while the Indian Evidence Act IEA was enacted in 1872. Only the CrPC was enacted in 1973. But since it took into account the statutes in IPC and IEA, it is also loaded with old procedures.
The IPC and the IEA were drafted by an occupying force that had the benefit of the monarchy in mind. It was not concerned with the rights of the citizen. The IPC echoes Victorian morality (hence the provisions against homosexuality and adultery). The acts are also patriarchal in nature and loaded against women. Apart from knee-jerk amendments and striking down of some provisions by the Supreme Court, there has never been a serious relook at these acts. The imperatives of a multi-lingual and multi-cultural democratic state are very different from those of an occupying force.
These acts have become archaic and need a complete overhaul. They must reflect modern-day realities and do away with discriminatory provisions. They must do away with colonial provisions like sedition. They must incorporate provisions to tackle new crimes, especially those related to technology, and in a better way. For instance, forensic evidence must be made compulsory in criminal cases (something that the MHA is seriously considering). Punishment for crimes must be brought in sync with changing time and social mores.
But an overhaul of the above acts would not work in isolation. For a complete and successful transition to a newer, better, equitable and more efficient criminal justice system, judicial and police reforms have also to be carried out. The Indian Police Act (IPA) was enacted in 1861. It carries oppressive provisions that more suited to a police force that wants to subjugate the citizenry. The IPA also needs to be suitably overhauled. The lower judiciary needs to be revamped and reorganized to make it more efficient and modern. The criminal justice system in India will be modernized only if all these reforms are carried out, if not simultaneously than in quick succession.
