Handbook on Criminal Law Reforms

Abstract

When the present Government assumed responsibility, the criminal cases pending with the Police for investigation and for trial with the Magistrates were about 18,000 and 1,50,000 respectively. There were a large number of under-trial prisoners in the Jail for as long as 10 years or more. Being very concerned about such an alarming situation, the Chief Martial Law Administrator appointed a Committee on the 20th of April, 1982 to suggest suitable amendments in the Criminal Procedure Code, 1898, to ensure expeditious disposal of criminal proceedings. The Committee submitted its report on the 31st of May, 1982. It made a number of recommendations involving legal as well as the administrative aspects of criminal justice. These were duly considered, and withvsome modifications, accepted by the Government. Pursuant to the aforesaid decision of the Government, the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 was promulgated and a set of administrative measures were taken. This had a salutary effect upon the administration of criminal justice in the country. The number of cases pending for long either with the Police or in the courts of law was substantially reduced within a few months. In the period between September, 1982 and June, 1983 cases pending with the Magistrates have reduced from 1,24,011 to 82,125. It was however, noted that aforementioned legal as well as administrative measures did not have any significant impact upon the disposal of cases in the Courts of Sessions. This necessitated further enhancement of the powers of the District and Additional District Magistrates and, within 10 months 13,407 cases have been disposed of by the- Additional District Magistrates. .This has significantly lessened the burden upon the Courts of Sessions and the number of Sessions triable cases has come down from 24,826 cases to 18,411 cases within the span of 6 months ending June 30, 1983. By any yardstick it is indeed remarkable. It will be seen that as many as four Amendment Ordinances were promulgated within a period of about one year. After the introduction Qf each set of amendments the impact thereof wasi very closely monitored and the desirability or otherwise of further bhanges carefully examined. It was only in the light of the actual experience and .the need to further streamline the machinery o f Justice that subsequent amendments were made. Apart from ensuring expeditious dispensation of justice, the objectives behind the legal and administrative reforms are to restore people’s trust and confidence in administration of criminal justice and to bring about an overall improvement in the quality of the Police and the Magistracy.. It is hoped that with proper understanding and implementation of the reforms and measures these objectives will be achieved. The performance of the Magistrates and the Poli]ce will be a very important factor in the success or otherwise of the legal and administrative measures undertaken by the Government. It is, therefore, imperative "‘that they are fully conversant not only with the salient features of the amendments to the Code of Criminal Procedure but also with all other important provisions of the Code. With this object in view this booklet has been prepared. It contains the Report of the ^Criminal Law Reforms Committee and the Government decisions on its recommendations, the four Code of Criminal Procedure Amendment Ordinances and the amended Second Schedule of the Code, the village Court Ordinance, 1976 and a. note explaining the salient aspects of the amendments' as well as some other relevant and important provisions of the Code and the village Courts Ordinance. Relevant important executive orders have also been included in this booklet. It is hopejd .that the Police officers, the Magistrates as well as the Judges will find, this booklet helpful