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VOL. 6, ISSUE 4 (2020)
Criminal law reforms in India: Expectations & prospects
Authors
Samarth Sansar, Shreya
Abstract
Legislations governing criminal justice system in India such as IPC, Cr.P.C or Evidence Act are either of colonial origin or a replication of British laws. Since then while the society has undergone massive changes by recognising new rights and values, these legislations have not changed significantly to accommodate these developments. Further, there has been reluctance on the part of various stakeholders as well to implement certain changes which have been brought. Due to these reasons, the criminal justice system has become largely ineffective which is evident from poor records be it pitiful conviction rates or massive backlogs. The need for reforms in the criminal justice has always been felt and recommendations have been made by committees constituted by government, however these recommendations never saw the light of the day. In this regard, the recently constituted five-member committee for suggesting criminal law reforms brings some hope with regards to modifications in the system. In this paper we have discussed certain aspects which even though are not exhaustive but should be major focus of the committee while recommending reforms. We have emphasised on the need of having gender neutral laws in matters pertaining to sexual offences in order to include victimisation of transgenders as well as men. This issue has become significant in light of recent developments whereby the Supreme Court recognised transgenders as third gender and also decriminalised consensual adult gay sex. Further, we have dealt with scope of arbitrariness and discretion in sentencing which has led to inconsistent sentences even in similar crimes. Furthermore, we have discussed the poor state of conviction in criminal cases which can largely be attributed to the methods on investigation adopted by our agencies and the need to accept, develop and promote use of forensic investigation. Lastly, we have elaborated upon the immense backlog of cases and poor standards of justice delivery and suggestions to tackle this through specialisation as well as ensuring implementation of plea bargaining.
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Pages:09-15
How to cite this article:
Samarth Sansar, Shreya "Criminal law reforms in India: Expectations & prospects". International Journal of Law, Vol 6, Issue 4, 2020, Pages 09-15
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