Many regressive colonial-era criminal laws retained in new bills: IPF

A think-tank working for police reforms on Wednesday claimed that most of the "regressive" provisions in colonial-era criminal laws have been retained in the three new bills pending before Parliament to replace the IPC, the CrPC and the Indian Evidence Act.

The Indian Police Foundation (IPF) has submitted a memorandum to the parliamentary committee on Home, urging for fundamental changes in the Indian criminal justice system while enacting the three proposed laws -- Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bharatiya Sakshya (BS) -- currently under consideration in Parliament.

The BNS, the BNSS and the BS seek to replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Indian Evidence Act, respectively.

"While expectations were raised that the new legislations would present a unique opportunity to fix a broken criminal justice system, the IPF is disappointed that most of the regressive provisions in the colonial criminal laws have been retained in the new bills," the think-tank said in a statement.

The IPF said much greater imagination and innovation are required to overhaul the archaic crime investigation practices and to deal with a deeply flawed criminal justice system ridden with numerous loopholes. There is a need for far more consultation and systemic changes, it said.

"IPF believes that this historic opportunity will be lost if the bills are passed in the present form and we strongly urge Parliament not to rush through the legislations without a nation-wide debate," the statement said.

The British colonial administration, the foundation noted, used the Indian police to suppress the natives, and the laws gave the police extensive powers of arrest, detention and use of force, with limited resources and accountability against misuse.

In the absence of adequate resources or training, police used crude methods to maintain law and order, investigate crimes and question witnesses and accused, the IPF said.

It said there was a need to modernise arrest laws, reduce unnecessary arrests and decongest prisons.

The IPF said Parliament, while enacting the criminal laws, should review and streamline the arrest laws under the existing CrPC.

It is important to introduce legal and administrative safeguards to stop the colonial-era practice of indiscriminate arrests, detention and incarceration, integrating the principles laid down by Supreme Court from time to time, it said.

Demanding a revamp of the prosecution system, it said currently, temporary public prosecutors, often practicing lawyers, handle prosecution in sessions courts and high courts, leading to limited dedication and interest, with unlimited scope for chaos.

"A dedicated cadre of prosecutors will help develop professionalism and nurture talent. The law should completely overhaul the existing prosecution system. Prosecution being a state subject, states should be mandated to establish a dedicated cadre of prosecutors," the IPF suggested.