National

Panel suggests multiple criminal codes

NEW DELHI: A committee appointed by the Union Home Ministry on reforming the criminal justice system has suggested major changes, including multiple criminal codes based on the gravity of offence and setting up a separate national authority to deal with crimes impacting the country’s security.

The committee headed by Madhava Menon was appointed in May last year to draft the policy keeping in mind the prevailing law and practices, socio-cultural values and the changing nature of crime with a view to making the justice delivery system faster, fairer, uncomplicated and inexpensive. The report was submitted on Wednesday to Union Home Minister Shivraj Patil.

At a news conference later, Mr. Menon, former Director of the National Judicial Academy, said the panel’s recommendations took into account the widespread dissatisfaction with the way crimes were investigated and criminals prosecuted. It noted that money and influence played a significant role resulting in double standards — the rich often get away lightly and the poor are put to suffering — and even the registration of complaints is an ordeal.

Terming corruption a serious threat to justice, the panel felt the need for an ombudsman for criminal justice and full application of the Right to Information Act to all aspects of the criminal justice system. Corruption cases threatening national security or institutional foundations should be undertaken by a separate body with a status comparable that of the Election Commission. The committee hoped that the proposed Judges’ Inquiry Bill will provide a mechanism to deal with corruption in the judiciary.

In the area of criminal law, the committee wanted crimes to be reorganised into four distinct codes based on the gravity of injury and the response required to deal with it. Under the first two categories — social welfare offences code (SWOC) and correctional offences code (COC) offences — recourse to arrest should be an exception (except where violence is involved) and the elaborate prosecution system avoided. Maintaining that the system was burdened beyond capacity, Mr. Menon said these two categories accounted for 40 per cent of the offences.

The third set of offences, to be included in the penal code (PC), is graver crimes punishable with imprisonment of more than three years and up to death. These cases require quick processing, ensuring the protection of human rights and greater accountability from law enforcement agencies. Finally, an economic offences code (EOC) should deal with crimes threatening the economic health and security of the country. Taking note of disparity in sentences for the same crime, Mr. Menon said the panel wanted a sentencing board of three judges including the trial judge for crimes punishable with death or life imprisonment. Probation should be invoked more often, especially for short-term jail terms and parole regulated more strictly.

e-FIRs should be introduced, custodial violence tackled more severely and audio\video statements to the police made admissible in evidence provided the accused has consulted his lawyers. There should be a code of ethics for lawyers and the concept of legal aid enlarged to provide for psychiatric and rehabilitative services to the victim besides incorporating a system of compensation. The panel has also suggested two separate laws to deal with child in conflict with law and child in need of care and protection.

The report also has suggestions on ways to tackle chemical and biological warfare and protecting the country’s assets in space and sea.

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