The formation of a ‘Committee for the Reform of Criminal Laws’ by the Union Home Ministry with an apparently short time frame and limited scope for public consultation has caused considerable disquiet among jurists, lawyers and those concerned with the state of criminal justice in the country. Few would disagree with the idea that the current laws governing crime, investigation and trial require meaningful reform. There have been several attempts in recent decades to overhaul the body of criminal law, comprising the Indian Penal Code of 1860 vintage, the Code of Criminal Procedure that was rewritten in 1973, and the Indian Evidence Act that dates back to 1872. However, comprehensive legal reform is something that requires careful consideration and a good deal of deliberation. One criticism against the latest Committee is that it has begun its work in the midst of a pandemic. This may not be the ideal time for wide consultations. Activists and lawyers functioning in the hinterland may be at a particular disadvantage in formulating their opinions. The panel’s mandate appears quite broad: “to recommend reforms in the criminal laws of the country in a principled, effective, and efficient manner which ensures the safety and security of the individual, the community and the nation; and which prioritises the constitutional values of justice, dignity and the inherent worth of the individual.” This is vague and open to multiple interpretations. It is also not clear why the Law Commission has not been vested with this task.

The lack of diversity in what is an all-male, Delhi-based committee has also been adversely commented upon. In 2003, the Justice V.S. Malimath Committee on reforms in the criminal justice system had come up with some far-reaching suggestions, some of which became part of changes in criminal law. However, it also attracted criticism over the suggestion that the standard of evidence be reduced from “beyond reasonable doubt” to “clear and convincing”. The Justice Verma panel came up with a comprehensive and progressive report on reforms needed in laws concerning crimes against women in 2013 in barely one month, but its speed was probably due to the limited mandate it had. If at all criminal law is to be reformed, there should be a genuine attempt to reach a wide consensus on ways to speed up trials, protect witnesses, address the travails of victims, improve investigative mechanisms and, most importantly, eliminate torture. An impression should not gain ground that wide-ranging changes are sought to be made within a short time frame and based on limited inputs from the public. Reform is best achieved through a cautious and inclusive approach.

You have reached your limit for free articles this month.

To get full access, please subscribe.

Already have an account ? Sign in

Start your 14 days trial now. Sign Up

Find mobile-friendly version of articles from the day's newspaper in one easy-to-read list.

Move smoothly between articles as our pages load instantly.

Enjoy reading as many articles as you wish without any limitations.

A one-stop-shop for seeing the latest updates, and managing your preferences.

A select list of articles that match your interests and tastes.

We brief you on the latest and most important developments, three times a day.

*Our Digital Subscription plans do not currently include the e-paper ,crossword, iPhone, iPad mobile applications and print. Our plans enhance your reading experience.

Dear reader,

We have been keeping you up-to-date with information on the developments in India and the world that have a bearing on our health and wellbeing, our lives and livelihoods, during these difficult times. To enable wide dissemination of news that is in public interest, we have increased the number of articles that can be read free, and extended free trial periods. However, we have a request for those who can afford to subscribe: please do. As we fight disinformation and misinformation, and keep apace with the happenings, we need to commit greater resources to news gathering operations. We promise to deliver quality journalism that stays away from vested interest and political propaganda.

Dear subscriber,

Thank you!

Your support for our journalism is invaluable. It’s a support for truth and fairness in journalism. It has helped us keep apace with events and happenings.

The Hindu has always stood for journalism that is in the public interest. At this difficult time, it becomes even more important that we have access to information that has a bearing on our health and well-being, our lives, and livelihoods. As a subscriber, you are not only a beneficiary of our work but also its enabler.

We also reiterate here the promise that our team of reporters, copy editors, fact-checkers, designers, and photographers will deliver quality journalism that stays away from vested interest and political propaganda.

Suresh Nambath

Please enter a valid email address.

From the abrogation of the special status of Jammu and Kashmir, to the landmark Ayodhya verdict, 2019 proved to be an eventful year.

Subscribe to The Hindu now and get unlimited access.

Already have an account? Sign In

Start your 14 days trial now Sign Up

You can support quality journalism by turning off ad blocker or purchase a subscription for unlimited access to The Hindu.

Sign up for a 30 day free trial.