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Criminal Justice Reform

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How to reform?
Public interest demands that the criminal cases are concluded within a reasonable time so that those guilty are punished. From the point of view of accused also, the right to speedy trial is a fundamental right. People get impatient and frustrated in the system if at every stage there is delay and the process of justice is not allowed to take its normal course. Further, with the long passage of time, whatever evidence is there, it will vanish or eclipse. Oral evidence which in most of the cases is vital to the prosecution, will take a devious or distorted course. Heavy reliance on oral evidence has telling drawbacks. Hostile witnesses and witnesses with faded memories will be writ large in the system, with the long passage of …show more content…
He is not even required to disclose his stand and this results in great prejudice to the prosecution and impedes the search for truth. Reform is needed so that the accused should be required to file a statement to the prosecution disclosing his stand. Section 313 need to be amended for this. At the same time all the rights of the accused flowing from the laws and judicial decisions should be collected and codified in a schedule. It should be translated by each State in the respective regional language and published in a form of a pamphlet for free distribution to the accused and the general public.
To deliver gender justice code need to be amended in tune with global standards. On this note few amendments have been done in 2009. Now with the permission of court, a rape victim can engage an advocate to help the prosecution. Any victim’s statement will have to be recorded at the victim’s home or in a safe place or a place of her …show more content…
The objective and transparent appointment process of public prosecutors and independency in their working need to be ensured for fair trial. Necessary amendments need to be done in criminal procedure code for providing autonomy to PPs.
In the words of the Law Commission: “In undertaking the prosecution the State is not actuated by any motives of revenge but seeks only to protect the community. There should therefore be an unseemly eagerness for, or grasping at a conviction. A public prosecutor should be personally indifferent to the result of the case. His duty should consist only of placing all available evidence irrespective of the fact whether it goes against the accused or helps him, in order to aid the court in discovering the truth.”
The 'proof beyond reasonable doubt' presently followed in criminal cases shall be done away with. mid level standard of proof of 'courts conviction that it is true’ can be followed so that justice is delivered in optimal

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