August 10, 2026

Overhauling The Criminal Justice System And Police Reforms Must Be Done Simultaneously

By Sunil Garodia
First publised on 2021-09-05 13:27:45

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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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Home Minister Amit Shah announced that after a consultative process that has been going on for the last two years and as per the "constructive suggestions" suggestions received from 14 states and UTs, eight central police organizations, six central armed police forces and 7 NGOs, the government is set to overhaul the criminal justice system in India by replacing or amending the British-era laws that have been in force for decades. Shah said that the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and the Evidence Act will be thoroughly overhauled to bring them in line with modern times and Indian conditions. This is a welcome move by the government. 

There is no doubt that there are a plethora of laws and rules that were introduced by the British in the Indian legal system which were drafted as a set of laws by the subjugator for the subjugated. They have no place in a democratic society. There were other laws that were drawn from Victorian morals and values and those too have no place in these changed times. Then there are some old laws that are clearly in conflict with later laws created by Parliament. All these laws need to be updated, amended or done away with as per the need of the times.

But every government has an agenda. The NDA government (as also governments before it) will not do away with the much-despised British-era sedition law as it is a handy tool for it to silence opposition. Similarly, it will not amend the law to make forced sex in marriage, commonly referred to as marital rape, a crime. These are just two examples. There are many other laws that the present government might not change as it does not suit its agenda. Hence, any present overhaul is likely to be a job half done.

Further, just updating the laws will not really help in the absence of police reforms and the blatant politicization of the police force. If the police force is not independent and free of corruption, if it has to play the tune preferred by the political masters, laws will only serve as tools of harassment for the rulers. The need of the hour is updated laws that are in sync with modern times as well as an independent police force that enforces the laws without fear or favour. One without the other is incomplete and unlikely to achieve the desired results.