Former Supreme Court Judge, Justice Chamleshwar has expressed concern on three criminal laws implemented from July 1.
These laws carry the potential danger of police excesses’.
The maximum detention period in police custody for serios offences has been increased from 15 days to 90 days—sharp departure from the 15 day limit of the CrPC. This change has raised concerns about potential police excesses.
If recent incident of custodial torture, brutality during the initial phases of the lockdown and other misdemeanours, are any indication. The latest case is of Roy D’ Souza, a mentally challenged epileptic patient who died in the ICU of a private hospital in Karnataka where he was admitted in a serious condition after he was allegedly tortured at the Virajpet police station in Kodagu. While police, who claim that Roy had swung a knife and injured one of them, have the right of self defence, it cannot be extended to condone torture. The postmortem reportedly confirmed external injuries on D ‘Souza’s body and damage to internal organs.
Meanwhile, describing the newly introduced laws as old wine in new bottle Justice Chelemeshwar said, besides increasing the possibilities of police high handedness these laws were mere show off.
The government introduced these three laws recently to replace the Indian Penal Code (IPC), Evidence Act 1872 and Code of criminal procedure 1973 on August 11, 2023.
The moot question is whether these big laws come up to expectations . Would they really do what they are intended to do, says Justice Chelameshwar. I am still in the process of reading the laws closely and I find some of the changes unnecessary.
In Indian Evidence Act, now known as BSA, courts are allowed a maximum of two adjournments to avoid unnecessary delay in hearing a case. A criminal case should be pronounced within 45 days of the pronouncement of the trial. Charges should be framed within 60 days of the hearing. Is it possible for courts to set such a deadline ?
Do we have the wherewithal to do so?
We all know about the efficiency of our system. The decision is not in the hands of Judges alone. Highly trained and skilled staff is needed to meet the requirement and deadline> But we don’t have them.
According to the Judge, it is highly doubtful that the stated objectives of the new laws, speedy disposal, will ever turn into reality given the present system of working.
For crimes committed before July 1, 2024, the procedural laws of the earlier CPC, CrPC and the evidence Act will apply, and trials will continue as such. For crimes committed from July 1, 2024, three new laws will apply.
With lack of basic digital infrastructural facilities already plaguing our system which poses as a major challenge for implementing the new laws, Justice Chelameshwar feels, bail provisions will become even more stringent and onerous.
