MODERNISATION OF CRIMINAL JUSTICE SYSTEM TO PROMOTE

INTERNAL
SECURITY OF INDIA

K.T.S Tulsi
Senior Advocate

& M.P.( Rajya Sabha)

Supreme
Court of India
India is a dominating and important voice on the world stage today,
economically, socially and politically. Indian culture has spread to other
countries and its international ties and influence is growing stronger every
day. India has made it big internationally and the obvious question at this
platform is what hurdle may stump at its growth? What threats will arise in
the future of this rising power? The other side of this rise in power is whether
or not increased international standing will raise the external threat level
towards India? India has had a fair share of violence and terrorism with
increased militancy and almost all fronts, from north to north east to south
India. India has had to deal with three wars, constant border skirmishes,
infiltration across the entire border region, suicide bombers, attack on
Parliament and the recent bombings of 26/11 to name just a few from the
long list of atrocities that have shook the nation. With an unstable Pakistan
on the one hand, and growing China on the other, tension within Nepal, dicey
situation in Bangladesh and Sri Lanka, India has a very tough neighbourhood.
In this context it seems natural to focus on the external threats as the
greatest risk to Indias rising global power.
Yet the reverse is true. India faces growing economic and social difficulties,
and needs to combat numerous militant groups and separatists movements
within. It is only through first focusing on, and resolving, the internal threats
that India will gain the capability to maintain a strong external posture. On
the one hand there is a high degree of threat from the Indian Mujahideen
(IM), which is believed to be a shadow amalgam of the Students Islamic
Movement of India (SIMI). IM maybe new on the scene but India has been a
victim of its own sons and wounded from within several times in the past.

The British era in India of divide and rule strengthened the Hindu - Muslim
divide. The Babri Masjid episode dug its claws deeper into that divide and the
Gujarat riots was almost the breaking point of secular India, as envisaged by
our founding fathers. India is under attack from within and outside and the
crippling law and order situation only adds fuel to the fire.
The illegal migration menace has also hit India with illegal migration mainly
taking place in the eastern and north-eastern parts of the country from
neighbouring Bangladesh and Sri Lanka. The major aspect of this illegal
migration from Bangladesh is the recent communal violence in the Bodo
areas of Assam. Bangladeshis have been moving out of their country due to
economic, political and social reasons and the serious crisis of lebensraum
(living space) in Bangladesh just adds to the woes. However, illegal
immigration from Bangladesh has led to demographic upheaval and
generated serious communal, political, social and economic tensions and
conflicts in the northeast. The most affected states are West Bengal, Assam,
Meghalaya, Nagaland, Bihar, and Tripura, although migrants have spread too
far off states like Tamil Nadu, Maharashtra, Gujarat, Rajasthan and Delhi too.
The internal security of India is in knots and mayhem is upon us. Unless we
set our own house right, we will never be in a position to defend the country
from external and internal threats. The first step towards this is maintain law
& order situation in the country, which is drowning in the sea of delays and
burgeoning pendency. The only way out is the modernization of the entire
criminal justice system.
The cancer of delay has crippled the judicial system which not only gives a
free hand to the criminal but ceases to have a deterrent effect in totality.
Delay results in widespread corruption, scandals from politicians to judges &
general mayhem in country. Almost 1,00,000 rape cases (1,07,529), more
than 1,70,000 murder cases (1,76,995) and more than 4,40,000 cases are
pending under Section 498A (4,43,885) pending for trial including cases from
previous year. This is just the tip of the iceberg, as most of the cases go
unreported due to the social stigma attached to rape. In India, crimes against
women are committed every 2 minutes, a girl is molested every 12 minutes,
a rape occurs every 22 minutes, a murder every 16 minutes, 1 kidnapping &
abduction every 15 minutes; 1 robbery occurs every 21 minutes; a Section
498A case every 5 minutes, sexual harassment and dowry deaths occur
every 61 minutes. The Police and National Crime Report Bureau reports point
towards a conviction rate of 21.9% (persons convicted out of those arrested).
But, the NGOs tell us a very differently story suggesting deplorable rates like

6.2% in assault and murder cases and conviction in molestation cases makes
for a meager 4.8%. The improved figures are the results of pleas criminal
cases (IPC & SLL) for trial during 2014 including pending cases from previous
years was 1,94,26,573 out of which over 72 lakh (72,29,201) cognizable
criminal cases (IPC & SLL crimes) were filed in 2014 alone. The causes for
delay rests invariably on the delay in recruitment, frequent adjournments,
too many court holidays, lack of cohesion between investigation and
prosecution, excessive reliance on oral evidence and poor court
management.
According to the NCRB report of 2014, there are 1,94,26,573 total number
of cognizable criminal cases [IPC (99,30,518) & SLL (94,96,055)] pending
trial during 2014. Out of these about 64,919 cases alone are pending in the
Supreme Court; The data available for the 24 High Courts and lower courts
up to the year ending 2013 showed pendency of 44.5 lakhs and whopping
2.6 crores, respectively. Out of which, 34,32,493 were civil and 10,23,739
were criminal.. The total capacity of Jails in India are 3,43,169 however
appallingly the number of inmates are a sum total of 3,85,135 which not only
proves that number of inmates exceed the capacity, the cases keep
mounting in courts but the process and procedure leaves many languishing
in jails.
The national pride of India is mulled in the menace of corruption which is
prevalent in every nook and corner in India. It is what has defaced our
values, economy and diluted our sense and sensibility. It is nave to think
that corruption only exists in India. It is prevalent across the globe but not
shamelessly paraded like it is in India. Corruption is a menace, the worst
epidemic but voicing against it for political propriety has only worsened our
will because like it or not it has become a way of life for many. There were a
total 4966 case registered under Prevention of Corruption Act and related
sections of the IPC in 2014 alone. From the cases registered, 6597 persons
were arrested, out of which 3690 persons were chargesheeted. Trial was
completed against 3845 persons but only 1450 persons were convicted and
2395 persons were acquitted, bringing the conviction rate to a mere 39.2%
(persons convicted out of those chargesheeted).
One of the largest banes of delay is the galloping corruption in all fields
across the country. One does not have to look far as the corruption is the
banner that binds the Saradha Group Financial Scandal (2013) of 2460 Cr.,
Gujarat Fisheries Scam of 400 crores (2015) and GIDC plot allotments bribery

case (2015) for Rs.100,000 ,Bangalore illegal and denotification scam (2015),
Lalit Modi Money Laundering case (2015) Rs. 2000 Cr. , Madhya Pradesh
State Farmers Welfare and Agriculture disproportionate assets case 2000
crores (2014), 2G, Commonwealth, Adarsh, cash for vote scams. It is a great
contributor to the pharmaceutical adulteration, Piracy in films, music,
automobiles parts and branded goods and the total sum it adds up to is
approximately 9,000 crores (1.8 Billion USD). The size of counterfeit industry
stands at 50,000 crores and threatens further consequences to our badgered
economy as it stands today. Counterfeit currency, share certificates, stamp
papers scams have reached a new height amounting to (50,000 crores).
Scams & scandals reach up to the highest public officials and education
(25,000 fake universities), health, judiciary, police, reek of corruption. Are we
complacent enough to brush it under the rug still?
The disposal rate of cases is another disappointment. Out of 37,93,771 cases
investigated in 2014, investigation was completed in 19,97,540 cases, out of
which 79.6% cases were charge-sheeted by Police. A total of 37,90,812
persons were arrested for a sum total of 28,51,571 IPC crimes reported.
(Disposal of Crime Cases, Snapshots 2014, NCRB 2014).
It is a pity that calamitous circumstances are needed to shock the public
conscience into focusing on important but neglected areas of crime and
society. It has been observed that the more offensive the occurrence, the
greater the pressure for instant change. It has also been said that law must
reflect the changing society, but sometimes law must find a way ahead of
societal changes. This shocking incident has reinvigorated the youth of this
country like never before, because the crime itself is unprecedented. What is
different is also the role of the media, where instant reporting from the field
and the rapid sensitization of public opinion, has reduced the time gap
between the tragedies and the response to them. The outrage of the citizen's
cries for punishment and the lack of the layman's patience with endless
delays in the judicial process has brought about an inevitable gloom on the
streets across the country, which if channelized correctly will probably pierce
into the historical bind and bring about law reforms to secure justice for all.
There is inaction from the authorities and our criminal justice system is frail
and slow at dishing out fair and equal justice in a timely manner. There is
fear instilled in us which many a time has made us desire and take law in our
own hands. Thus the mob rule, a gift of the delay in the criminal justice
system.

In the past decade we have seen many inhumane examples of mob rule
charted out by citizens, where on Dec 3, 2015 in Palwal, Injuries were caused
to at least 5 policemen & members of the mob. On October 23, 2015, a 15
year old Dalit boy was found dead in Sonipat on allegation of theft by him.
He died in Police Custody On 28 September 2015, in Dadri, Akhlaq was
killed in mob violence. 42 police injured in stone pelting by a mob in Ambur
Town on 28.6.2015. Suspected robbers were beaten to death; 10 more were
bludgeoned by villagers on suspicion of theft; a mob thrashed a school
teacher falsely running a prostitution racket; similarly Prakash Shetty was
beaten up by the mob on allegation of molesting his maid in Maharashtra.
The mob pierced and gorged out eyes of 3 young men who allegedly stole
bicycles, a District magistrate was kidnapped by Maoists in 2013 and the
mob also torched a police station after youth died in police custody. Have we
condoned such behavior? When you think of the atrocity and the intimate
brutality linked with the serial bombing, the riots, hostage situations and
brutality related to internal disturbances in the face of inaction from the
authorities, mob rule almost seems legitimate and right and pushes forth the
call slogan of the public that, it is the road to be taken in the face of the
current law and order scenario? However will it deter the crimes and
atrocities within India? Or are we waving empty threats? Clearly the public
outrage and sensitization of threats has failed to have a deterring effect even
though the public has poured into the streets. Candle-lit marches do bring
the gentry together but do we just stop there? Is that all that need to be
done. It is sad to say that we are aware of the state of the affairs within this
country and it is high time to go a step further. Indeed, any rebellion or
protest that questions ongoing political, administrative & business practices
directly feed negative energy to the bottom of Indias population pyramid.
This should be stopped as soon as possible. It is not the step forward. If
Nirbhaya has taught us anything it is to fight for our rights, our solidarity
most importantly for our security and protection, our right to life to live in
peace.
The first step towards that can be achieved by curbing the epidemic of delay
in judicial proceedings. There is a dire need to re-engineer procedures
through science and technology, effective court management ideas;
modernization of the police stations and criminal courts; constituting a
Criminal Justice Board, sentencing discounts and abatement of stale cases.
The real solution to the problem is in completely overhauling the criminal
justice system. Our criminal justice system relies on bullock cart technologies

in this supersonic age. It is therefore, not hard to see why this has resulted in
complete mismatch. The police stations should be provided with
standardised technology for automatic recording of FIR. All statements of the
accused and witness must be video recorded including video recording of
confessions of the accused using tamper proof technologies all telephone
line of the police station must simultaneously rely on the caller information
to patrol vehicles in areas proximal to the caller.
There should be proper court management by having separate courts which
shall hear only bail matters and a separate summons court there must be a
centralized registry, only ripe cases should be listed in session court to
ensure day to day hearings till conclusions where non-availability of
witnesses or counsel should be no ground for adjournment. There should be
provisions for e-filing of police reports and documents in all criminal courts in
the country. This will reduce the delay in court procedure by half. A higher
rate of conviction and initiatives such as publishing the names of sexual
offenders and dedicated helplines for women in distress will create faith in
the criminal justice system and provide much needed support network for
victims.
Forensic science is the tool of the future and probably the only weapon in the
arsenal of criminal justice system that can secure justice and provide a water
tight case wrong doer. The authenticity and availability of evidence are the
critical components of a criminal trial. Many a times police fail to pick up
important prints/marks from the crime scene. Lawyers and judges are lost in
the maze of circumstances and false witness. But the availability of scientific
evidence will determine success and the speedup criminal justice. A mobile
forensic van is essential in every police station which should accompany the
homicide squad to every crime scene as collection of evidence by the
experts will greatly reduce the time and will bring out the truth in no time. It
is often said that a single piece of scientific evidence is equivalent to 100
witnesses in court. Information technology is panacea of all ills.
Few case laws, where accused were nailed on the basis of forensic evidence
are as follows: Vasu vs Santha 1975 (Kerala)- Court has laid down certain
guidelines regarding DNA tests and their admissibility to prove
parentage dictating that courts in India cannot order blood test as
a matter of course & that no one can be compelled to give
sample of blood for analysis.

 Tandoor Murder Case (1995) Delhi- The deceaseds charred body

was recognized with the help of her blood samples & the accused
Shusil Sharma was found guilty with the help of forensic evidences.
Sister Abhaya murder case (1995) Kerala- Scientific investigation
methods such as polygraph tests, brain mapping/brain fingerprinting
and narco analysis were used to solve the case. Subsequently two
fathers of the church were arrested.
Hemraj double murder (Rajesh Talwar v. CBI) DNA profiles
generated from the blood stained pillow cover in order to prove the
presence of Hemraj in Arushis room during the incident. several
fingerprints were found on the glasses of the house & Narco-Analysis
tests were conducted on the accused i.e. the deceaseds father.
In the Nithari serial killings, the Narco-Analysis Test of the prime
accused helped the police with their investigation.
If Bangalore is the silicon valley of the world and India is the BPO hub, then
why is the Indian Judicial system working without technology? If the courts
have been saddled with bullock cart technologies it is no wonder that they
deliver justice at the speed of bullock carts. Courts need to be provided with
technology and world class amenities so as to facilitate speedy justice. A BPO
can transcribe 1000s of pages of technical data and transmit them over the
wire- from across the globe- in less than 12 hours but sadly Indian courts still
rely on ability of judge to record evidence & judgments in long hand. The
output is disheartening as an Indian judge record an average of roughly 25
pages of evidence /day whereas in US Courts the corresponding figure is 300
as the courts in USA are equipped with transcription machines.
The criminal justice system seems to be on life support, in a critical state,
that too at a time when it needs to be in the pink of its health to combat the
menace & ever expanding horizons of crime. The continuous onslaught of
mounting cases, on one hand and a low conviction rate, on the other hand, is
having serious ramifications on the confidence of the citizens in the
supremacy of law of the land & adding impetus to criminal activity, making it
a low risk, high return proposition.
(All views expressed in this article are personal views of the author.)