'Adoption Of Inquisitorial System, Curbs On Right To Appeal' : Centre Moots Changes In Criminal Laws

The Union Home Ministry is reportedly mooting amendments in the criminal laws.

As per a report of Economic Times, the Ministry is examining suggestions to amend the Indian Penal Code, Indian Evidence Act and Code of Criminal Procedure in consultation with the Bureau of Police Research and Development.

One of the suggestions is to dilute the right to appeal in heinous crimes against women. This is apparently to expedite the process of justice.

"The new laws should reflect the modern reality and they should be in accordance with democratic aspirations of the people and provide speedy justice to women, children and the weaker sections of people," a home ministry official was quoted by the ET. The ministry has sought suggestions from states and union territories, he said.

"Any amendments to CrPC's appeal or revision process will have to be legally examined as the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, confers power to the apex court to hear an appeal from any judgement, final order or sentence in a criminal proceeding of a high court in the territory of India, for certain cases/conditions," the official explained.

Another suggestions under examination is the use of the 'inquisitorial system' followed in France and Germany where the investigation is supervised by a judicial magistrate. This leads to a high rate of conviction, instead of the 'adversarial system' followed in India where lawyers represent their parties' case. This was one of the recommendations made by the Malimath Committee in 2003.

Under IPC, classifications like blue collar, white-collar, black-collar, red collar and green-collar crimes have been suggested, Another suggestion is on setting up of modus operandi bureaus at the national and state levels to study the technique of crime and the mentality of criminal. There is also a proposal to make forensic evidence compulsory in criminal cases where punishment is seven years or more.