Criminal Justice System in India Introduction

• The Criminal Justice System (CJS) in India is a structured framework of institutions, agencies, and processes designed to maintain law and order, prevent crime, and deliver justice to citizens. 
• It encompasses the police, judiciary, prisons, and prosecution agencies, all working together to uphold the rule of law. 

Criminal Justice System in India 

• Massive Case Backlogs and Judicial Delays: 

• • • India has nearly 30 million criminal cases pending in courts, while only half of that number can be disposed of annually.
    • Every year, over 10 million new cases are added, leading to an ever-increasing backlog.
    • This backlog severely affects the speed of justice, undermining the constitutional guarantee under Article 21, unless urgent reforms are adopted.

• Shortage of Judges and Court Infrastructure: 

• • • India has only 21 judges per million people, far below the recommended ratio, resulting in overburdened courts, delayed hearings, and poor facilities.
    • Even with the Law Commission’s recommendation of 50 judges per million, the country’s judicial capacity remains insufficient compared to international benchmarks.

• Shortage of Police Personnel: 

• • • Against the UN norm of 222 police personnel per lakh population, India’s sanctioned strength is 181, while the actual strength is just 137 per lakh.
    • Low staffing levels, combined with rising crime rates, have compromised law enforcement efficiency and public safety.

• Rising Crime Rates:

• • • Between 2005 and 2015, complaints of cognizable offences rose by 28%, from 450 to 580 per lakh population.
    • Increasing crime rates, coupled with systemic inefficiencies, create a pressing need for criminal justice reforms.

• Police Misconduct and Human Rights Violations:

• • • Transparency International reports indicate that 62% of citizens paid bribes during police interactions.
    • Misaligned incentives encourage unnecessary arrests, with 60% of arrests being unjustified.
    • Custodial deaths, torture, sexual assault, and unlawful detentions reflect weak accountability and oversight mechanisms.

• Weak Prosecution and Low Conviction Rates:

• • • The prosecution system suffers from understaffing and lack of specialized expertise to handle complex cases.
    • Poor coordination between police and prosecutors often leads to ineffective investigations.
    • Consequently, India’s conviction rate remains low, lagging behind global standards.

• Infrastructure Deficits in Policing and Forensics:

• • • India faces significant shortages in police stations, weapons, and forensic laboratories (FSLs).
    • Nearly 1 million forensic cases remain pending for over a year, with 38% of submitted items unexamined.
    • Outdated tools, limited technological adoption, and low forensic capacity compromise investigation quality and efficiency.

• Overcrowded Prisons and High Number of Undertrials: 

• • • More than 66% of Indian prisoners are undertrials, over twice the global average of 32%.
    • Many undertrials have been in jail for over five years, despite not being convicted.
    • Overcrowding is exacerbated by the annual influx of arrestees, with nearly 7.5 million arrests recorded in 2012.

• Corruption and Low Police-Population Ratio: 

• • • India has one of the lowest police-to-population ratios globally, at 131 officers per 100,000 people.
    • Corruption remains endemic, eroding public trust and reducing the effectiveness of law enforcement.

• Systemic Consequences: 

• • According to the National Crime Records Bureau (NCRB), over 80% of reported crimes go unpunished, highlighting loopholes in the system.
  • Overcrowded prisons, delayed trials, and under-resourced police and judiciary undermine the effectiveness of the CJS.

Why India’s Criminal Justice System Facing Systemic Challenges?

• Outdated Legal and Procedural Frameworks: 

• • • Many laws and procedures in India date back to the colonial era and have failed to evolve with modern crime trends, such as cybercrime and organized criminal networks.
    • Redundant legal provisions often place innocent civilians under undue pressure while overwhelming the judiciary with avoidable cases.
    • For example, acts like the Dramatic Performance Act, 1876 still exist on the statute books but have little relevance to contemporary society.

• Judicial Inefficiency and Delayed Justice:

• • • India’s judiciary is overburdened, leading to prolonged trials that fail to deter criminals.
    • Poor coordination between judges, prosecutors, and police further compromises the justice delivery system.
    • Undertrial prisoners dominate the prison population, with 67.2% of inmates remaining in jail without conviction, according to NCRB data.
    • Many guilty individuals go unpunished, while the innocent spend years awaiting trials.

• Weak Investigation and Evidence Management:

• • • Investigations are often derailed by procedural lapses, poor evidence preservation, and lack of inter-agency coordination.
    • Witness intimidation and hostility further weaken prosecutions, leading to acquittals or compromised trials.
    • The absence of a strong witness protection framework undermines public confidence in law enforcement.

• Increasing Complexity of Crime: 

• • • The nature and volume of crimes in India have grown rapidly, driven by technological advancements and societal changes.
    • Cybercrimes, fake news, mob lynching, and organized crime require specialized investigative techniques, which the current system lacks.
    • Inefficient investigation processes result in haphazard case handling and delayed justice, leaving victims and society vulnerable.

• Inequitable Access to Justice: 

• • • The rich and politically influential often evade accountability, while marginalized communities struggle to access legal recourse.
    • The growing nexus between politics and crime makes justice highly skewed, leaving the poor and vulnerable at a systemic disadvantage.

• Declining Public Confidence in the CJS: 

• • The average citizen perceives the CJS as expensive, complicated, and inefficient, with drawn-out procedures that discourage engagement.
  • Loss of faith in the system has contributed to extrajudicial measures, such as mob justice and vigilantism, further undermining the rule of law.

Key Initiatives and Reforms

• Key Recommendations of the Malimath Committee: 

• 1. Increasing the Number of Judges

• The committee emphasized the need for more judges to handle the ever-growing backlog of pending cases.
• Expanding judicial strength was seen as critical to ensuring speedy and effective justice.

• 2. National Judicial Commission for Judicial Appointments

• Malimath Committee recommended the creation of a National Judicial Commission to oversee the appointment of judges to higher courts.
• Suggested amendments to Article 124 were proposed to streamline judicial appointments and impeachments, ensuring transparency and accountability in the judiciary.

• 3. Specialized Criminal Divisions in Higher Courts

• The committee proposed establishing separate criminal divisions in higher courts.
• These divisions would have judges specializing in criminal law, leading to faster adjudication of complex criminal cases and enhanced legal expertise.

• 4. Modification of Article 20(3) of the Constitution

• Article 20(3) currently protects an accused from being compelled to testify against themselves.
• Malimath Committee suggested modifying this provision to allow courts to question the accused and draw adverse inferences if the accused refuses to provide information, balancing individual rights with the need for effective prosecution.

• 5. Victim Compensation Fund

• The committee stressed the importance of supporting victims of crimes.
• It recommended the creation of a Victim Compensation Fund under the existing Victim Compensation Law.
• Assets confiscated from organized crime should be added to this fund, ensuring justice and relief for victims.

• Legislative Reforms: Modernizing the Legal Framework: 

• Bharatiya Nyaya Sanhita (BNS), 2023:

• • • Replaces the Indian Penal Code (IPC).
    • Focuses on decolonizing penal laws and consolidating scattered sections.
    • Introduces provisions for contemporary crimes such as mob lynching and organized crime, ensuring relevance to modern challenges.

• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: 

• • • Replaces the Code of Criminal Procedure (CrPC).
    • Enforces strict deadlines for investigations to prevent delays.
    • Mandates forensic examination for serious crimes and promotes digital evidence integration.

• Bharatiya Sakshya Adhiniyam (BSA), 2023:

• • • Replaces the Indian Evidence Act.
    • Recognizes electronic and digital records as admissible evidence.
    • Modernizes rules to align with technology-driven investigations and trials.

• Judicial Reforms: Enhancing Court Efficiency:

• Interoperable Criminal Justice System (ICJS):

• • • Integrates police, courts, prisons, forensic labs, and prosecution on a single digital platform.
    • Reduces human error, delays, and administrative inefficiencies in record-keeping.

• e-Courts Project: 

• • • Focuses on digitizing court operations, including case records and petition filing.
    • Enables live streaming of proceedings, increasing transparency and accessibility.

• Fast-Track Courts: 

• • • Special courts handle sexual offenses against children (POCSO) and other serious crimes.
    • Ensures speedy disposal of cases and reduces backlog.

• Prosecution Reforms: Strengthening Case Management

• Witness Protection Scheme:

• • • Ensures security for witnesses and their families, protecting them from intimidation.
    • Enhances the effectiveness of prosecution by enabling safe testimony.

• Digital Evidence Recognition: 

• • • Legal system now officially accepts digital records.
    • Mandates audio-video recording during searches, seizures, and proceedings for accountability.

• National Automated Fingerprint Identification System (NAFIS): 

• • • Uses digital forensic databases for fingerprints and other evidence.
    • Improves investigation quality and conviction rates.

• Mandatory Forensics for Serious Crimes: 

• • • Encourages DNA analysis, fingerprint matching, and scientific investigation.
    • Expands regional forensic labs for better evidence processing.

• Police and Prison Reforms: Ensuring Speed and Rehabilitation

• Time-Bound Police Investigation: 

• • • Police are now required to complete investigations within 90 days.
    • Charge-sheet filing and trial framing also follow strict timelines, ensuring speedy justice.

• Prison Reforms: 

• • Focus on rehabilitation and reformation of inmates. 
  • Includes educational programs, vocational training, and counseling to prepare prisoners for reintegration into society.
  • Aims to decongest prisons and address the high proportion of undertrial prisoners.

 

Way Forward

• Strengthen Implementation of New Laws:

• • • Strict Adherence to Deadlines: The new legal codes mandate clear timelines for investigations, charge-sheet filings, and court judgments.
    • Adequate Staffing & Infrastructure: Compliance is only possible with sufficient judges, prosecutors, police personnel, and upgraded court and forensic infrastructure.

• Comprehensive Police Reforms:

• Separate Investigation from Law & Order Establishing distinct teams for criminal investigations and general law & order duties allows specialized focus.

• Enhance Police Accountability: Political interference and lack of oversight weaken operational independence. Create State Security Commissions, implement transparent appointments, and enforce fixed tenures for senior officers.

• Prison Reforms: Addressing Undertrials and Conditions:

• • • Reforming Bail and Legal Support: Modernize the property-based bail system and provide undertrials with adequate legal representation to prevent prolonged incarceration.
    • Adopt Restorative Justice Practices: Introduce plea bargaining, rehabilitation programs, vocational training, and counseling for prisoners.
    • Improve Prison Conditions: Upgrade facilities to ensure humane living conditions, healthcare, and rehabilitation opportunities.

• Expand Digital Infrastructure: 

• Crime and Criminal Tracking Network & Systems (CCTNS) Ensure all police stations are digitally connected with reliable internet and equipment. Train personnel in digital tools and case management systems.

• e-Courts and Online Case Management: Full digitization of case records, filing, and hearings reduces manual errors and ensures transparent, timely justice.

• Build Institutional Capacity:

• • • Modernize courtrooms, police stations, forensic laboratories, and prisons to support technology adoption and professional excellence.
    • Provide continuous training programs for judges, prosecutors, police, and prison staff.

• Make the System Victim-Centric:

• • • Victim Participation: Allow victims to present their case, track progress, and provide inputs during trials.
    • Timely Justice: Quick resolution of cases ensures victims retain faith in the system.
    • Transparent Responsibility: Rapid fixing of accountability maximizes the sense of justice for victims.

• Implement Malimath Committee Recommendations: The Malimath Committee (2000) proposed reforms to modernize the CJS, including:

• • Increasing the number of judges and creating specialized criminal divisions.
  • Modifying Article 20(3) to allow courts to question the accused and draw inferences.
  • Establishing a Victim Compensation Fund funded by assets confiscated from organized crime.