Reformation in criminal justice system is need of society.

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REFORMATION IN CRIMINAL LAW: Needs for Concentration.
Abdul Samim Akhtar, OSPS-I*
Introduction:
Under the British colonial system, administration of justice had run as per the sweet will
of the British ruler. After the independence of India and adoption of constitution of India,
where the beginning of the constitution start with the word “We the people of India”.
The emphasis on the administration of justice carries importance. However the question
arise in our mind that administration of justice for whom? This has never been raised as
a question as everybody knows that it has been for the people for whose welfare and
protection the system was created and still maintained.
Are the people ever consulted with an aim to get their considered
views and opinions about the working of the system? The administrators take it for
granted that everything moves on well, law commission, police commission, judicial and
executive authorities express their views, often without making any dialogue with the
people who are at the receiving end of the system.
Police, prosecutor, judge, court, crime, imprisonment,
fine, arrest, bail, detention etc. come often in the discussions of the common man in the
street and in the press. They speak on many things as to how do they see them in the
society. Sometimes, the people react to what they see in the sub-systems as well.
Public meetings are organized just in front of the police station to express the protest of
the people to police doings and misdoings. Dharana are conducted, mass petition are
sent and writs are filled against the sub-systems of criminal justice administration.
The police, prosecution, defence, court, people, press
and correctional agencies do form the sub-systems in any criminal administration.
Though the people speak a loud about the police, rarely they do so about the
prosecution, judiciary, witness and correctional agencies.
*Public Prosecutor, Sundargarh, Odisha

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CRIMINAL JUSTICE SYSTEM (CJS):
The Criminal Justice System (CJS) includes the institutions/agencies and processes
established by a government to control crime in the country. This includes components
like police, prosecution and courts. The aim of the Criminal Justice System (CJS) is
to protect the rights and personal liberty of individuals and the society against its
invasion by others.CJS can impose penalties on those who violate the established laws.
The criminal law and criminal procedure are in the concurrent list of the seventh
schedule of the constitution. The Criminal Justice System in India is an age-old system
primarily based upon the Penal legal system that was established by the British Rule in
India. In India only about 16 percent of people booked for criminal offences are finally
convicted. Low rate of conviction points to the inefficiency of the Criminal Justice
System of India - which includes the police, prosecutors, and the judiciary.
PUBLIC TRUST AND CRIMINAL JUSTICE SYSTEM:-
As a matter of rule every and each system works for the welfare and protection of the
citizen’s right under the established process of law. Criminal justice system plays a
significant role for maintaining peace in the society either in the shape of prevention,
protection, detention, justice delivery systems. Police and prosecution play a
significance role under effective criminal justice system. There are some questions arise
on the mind with regard to police and prosecution by the public. Do the public have trust
in police and prosecution? In police and prosecution impartiality- In police and
prosecution efficiency! People want detention and punishment of crimes and criminals.
They do not seem to be much concerned about the conviction of the accused due to
long delay in justice delivery system, as it’s common dialogue in our society for the
process of justice delivery system is ‘TARIK-TARIK-TARIK PE TARIK’.
Generally people cannot know the total picture or the quantum of
crimes committed. The main reason is that they are not usually published in the media.
The statistics relating to them and kept by the National crime record bureau, ministry of
Home affairs, Govt. of India do not reach the common man on the street so much so

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that the people are kept in blissful ignorance of what is going on in the area of criminal
justice.
THE PEOPLE & POLICE INVESTIGATION
PUBLIC DISSATISFACTION:-
There may be any number of causes for the public’s dissatisfaction and
such are-
Outdated law and the legal system:- It’s wrong to say here that “Out-dated laws”
however forced to mentioned it as it is the voice of general people/public. No doubt, the
laws, particularly the provisions contained in the Indian evidence Act, 1872 are anti
quoted and do not take into account the latest concepts developed in the field of medico
and biological sciences. The Act was enacted at a time when the theory of the classical
school of criminology was in vogue. Their ‘Freedom of will’ and the principle of ‘pleasure
pain’ were accepted by the framers of law in India. Interpretation of human acts
including criminal acts on the basis of the ‘pleasure-pain’ principle made the police,
prosecution and judge to appreciate human behavior only from that angle and from no
other angle. For example in police interrogation and later in examination in chief/cross
examination in the courts everyone seems to become interested only to know what a
man has done. Nobody seems to be concerned with why a man did so and it is found to
be not at all necessary to go deep into such areas of human mind. In many cases, the
crime-doers are not punished by the courts, Rather are punished by the police, media,
people and accused in crime are acquitted and it means miscarriage of justice and
public dissatisfaction. The arrest, bail, remand, detention, interrogation, trial etc. can be
justified only if the accused is connected properly; otherwise all of them are considered
as the ways, means and methods by which the accused are harassed, humiliated,
victimized, demoralized and tortured by the organized power vested with justice
administration.
When more and more acquittals come out, it means more and more
injustice perpetuated by the justice system and consequently more and more people
become dissatisfied in society.

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MATTER OF CONCENTRATION:-
It’s the serious matter of concentration for us and those who hold the position to
reform and introduce new methods to overcome from bad to good. Reformation in
Criminal Justice System may be brought forward in two ways. Such as:-
A. Administrative Reformation.
B. Statutory Reformation.
Administrative Reformation:-
Under administrative reformation it is the duty or responsibility of a State
Government to adopt suitable policies impartially which not only maintain law and order
in the society but also gain public faith upon the system. These are some administrative
recommendations as per my research.
1. Comparative figures of conviction rate across the world.
2. Reasons behind Low conviction rate.
3. Whether all the registered FIRs are based upon the true incident?
4. How to reduce the percentage of false FIR!
5. Whether a prosecutor has any authority to give guidance during
investigation?
6. Whether a police officer consults with prosecutor before filling of charge-
sheet?
7. Is vertical prosecution necessary for enhancement of conviction rate in
sensitive cases?
8. Is combined refreshment training frequently required for both police-
prosecutors?
9. Is speedy trial proceeding method applicable for sensitive cases?
10.Is any modification required under victim compensation scheme?
11.Is proper implementation of witness travelling expenses (BATA) required?
12.Is Proper implementation and development of forensic science in criminal
justice delivery system required!

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13.Is police reformation required for enhancement of conviction rate?
14.Is reformation of prosecutions service is need of hour?
Comparative figures of conviction rate across the world:-
Conviction Rate
The conviction rate may be taken to mean the ratio of cases convicted out of the
total number of cases decided in a given year. Our group is of the view that the
conviction rate is a reasonably good indicator of the efficiency and efficacy of the
criminal justice system prevailing in a country. In brief conviction Rate across the
world as follows:
 CANADA: In Canada, the national conviction rate is about 97%.
 CHINA: In China, the justice system has a conviction rate of 99.9%.
 ISRAEL: The conviction rate in Israel is around 93%. Around 71.5% of
trials end with a conviction on some charges and acquittal on
others, while around 21.6% end with a conviction on all
Charges.
 JAPAN: In Japan, the criminal justice system has a conviction rate
that exceeds 99%.
 INDIA: The national conviction rate in India for offences of
the Indian Penal Code is around 46%.
NATIONAL SCENARIO: In India the national conviction rate in India for offences of
the Indian Penal Code is around 46%. This tends to vary state by state. The state with
the highest conviction rate is Kerala, at about 84%, while the one with the lowest rate is
Bihar, at around 10%.
STATE SCENARIO: In Odisha Low conviction rate has been a cause of concern for
the police since long. At present the conviction rate stands at just nearly 10.5 percent
even though Odisha Police registered around 1.07 lakh cases last year across the state.
Reasons behind Low conviction rate:
 Insufficiency of evidence due to poor investigation
The investigating agencies are required to collect all available evidence during
investigations. If painstaking and timely investigations are not conducted, valuable

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evidence maybe lost. Sometimes the police failed to collect vital evidence from the site
such as blood stains, fingerprints and other evidence in cases of physical violence, due
either to lack of training or inefficiency. At times, the statements of key witnesses are
not recorded as their importance in proving the case is not understood. Statements may
also be recorded in a casual and slipshod manner by the investigating officer which
leaves gaps in the evidence. Occasionally, the police failed to work in collaboration with
forensic experts. As a result, forensic evidence is not collected for use against the
offender. The police may send cases to the court even when the evidence is insufficient
for reasons of expediency.
 Inexperience and inadequate qualification of investigating officers
Investigations are often conducted by low-ranking officers who are new in service
and lack experience. As the caliber of such officers is not high, they may be deficient in
procedures.
 Non-separation of investigative staff
Some country engaged some specialized investigative agencies to handle
specific category of crimes, the police still remains the main investigating agency to
handle general crimes. In most countries, investigations are conducted at police stations
where the police handle both investigations and duties to maintain social order. No staff
is earmarked exclusively for investigative work.
 Poor supervision by the superiors
Sometimes senior officers are unable to monitor and supervise investigations in a
timely manner due to heavy work load or indifference. Hence, vital lacunae are left in
cases and are exploited at the trial stage.
 Lack of cooperation and coordination with prosecutors
The prosecution is separate from the police in most countries and they often
function under separate ministries. In countries where the prosecutors do not enjoy the
statutory authority to guide and supervise police investigations, they are not usually
consulted by the police during investigation even when legal advice is necessary.
Sometimes, prosecutors are consulted but their directions are not complied with due to
departmentalized perceptions. In Odisha even though Police and Prosecutors are

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appointed by the Department of Home, Odisha, there is no direction with regard to
supervision authority over relating to investigation.
 Lack of transparency and other forms of malpractice
Investigations are not always conducted in a fair and just manner due to
extraneous factors such as lack of probity amongst the investigators, political pressures,
etc. This leads to various forms of malpractice which include the failure to record
statements from key witnesses or the intentional manipulation of statements with a view
to screening the offenders.
 Inadequate or delayed scrutiny by the prosecutor
In Indonesia, Japan, Maldives, Nepal, the Republic of Korea and Sri Lanka, the
prosecutor has absolute authority to determine whether a case should be sent for trial or
not, and he alone determines if the evidence is sufficient. In some countries, the case
file is sent to the prosecutor for screening at the pre-trial stage, even though he does
not make the final decision. But in Odisha we do not have such practice.
 Non-cooperation of victims
Victims may not cooperate with the prosecution and sometimes retract their
previous statements.
 Lack of cooperation between the prosecution and the police
For successful prosecution, the need for cooperation and understanding
between these agencies which cannot be over emphasized. The police is required to
secure the presence of witnesses when they are needed in court.
 Lack of Quality of prosecution
For efficient prosecution, it is important that the prosecutors both cadre and non-
cadre may undergone to participate in refreshment training programs on different
aspects of law.
 Inadequate preparation for trial
To conduct a trial is one of the most important functions of the prosecutor. It is
observed that sometimes the prosecutors are not prepared for the trial because of non

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supply of police papers by the court and for which prosecutor failed to examine the
witnesses in a professional manner.
 Delay in trial
This is a serious problem in our countries and may be fatal to the prosecution.
Due to delayed trials, some witnesses may die, suffer from memory loss, or lose all
interest in prosecution.
 Reluctance of witnesses to testify
It is a serious problem in crimes relating to organized gangs, terrorist groups and
drug offenders. The witnesses are often reluctant to testify due to fear of reprisals or
because they are compromised themselves with the defendant.
 Difficulties in obtaining and adducing forensic evidence
Forensic evidence is extremely useful in proving the guilt of the defendant. The
reports prepared by experts should be tendered in court and used with the testimonies
of the said experts. Sometimes these reports are not available when needed in court. It
is not always easy to secure the presence of the experts in court as they have other
functions.
 Legal and Systemic Factors
Apart from the problems enumerated above, there are some problems which are
inherent with the legal structures and systems prevailing in a country.
 Whether all the registered FIRs are based upon the true incident?
No, FIRs are not always registered upon the true incident but due to absence of
specific provisions under law police officer is bound to register the same and engaged
himself for investigation even if the information is false and arise out of civil disputes.
 How to reduce the percentage of false FIR!
This issue will not be solve unless and until our legislature concentrate on this subject-
matter. My points of suggestion is that before the registration of FIR, it must be verified
and one preliminary inquiry(quick) shall be conducted with the proper guidance of

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Superior officer and Public Prosecutor and after the completion of verification if the
supervision team satisfy that it is genuine case then only it shall be Registered as a FIR.
 Whether a prosecutor has any authority to give guidance during
Investigation?
Answer to this question is ‘NO’, as because there is no such provisions laid down by the
legislature or concerned authority
 Whether a police officer consults with prosecutor before filling of
charge-sheet?
As per practice in Odisha it is obligatory on the part of the IO but not mandatory under
the system. But its mandatory in the state of Telengana.
 Is vertical prosecution necessary for enhancement of
conviction rate In sensitive cases?
Yes, vertical prosecution definitely enhance the conviction rate because under this
principle the police officer shall consult in serious nature of offences with the prosecutor,
who has specialized training in sensitive crime issues, from beginning to end.
 Is combined refreshment training frequently required for both
police-prosecutors?
Yes, absolutely. As a matter of practice, it’s the duty of the investigator to collect
evidence and it’s the duty of the prosecutor to appreciate the same before court of law.
So evidence must be collected which carry the value of appreciation. With regard to
evidence- Quality is the matter not quantity. Combined training to both agencies help
each other what they want from each other.
 Is speedy trial proceeding method applicable for sensitive
cases?
Yes, it must be applied for serious crimes like Murder, Sexual offences, dacoity, and
offence against children etc.
 Is any modification required under victim compensation
scheme?

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Yes, as far as possible. As per victim compensation scheme, half of the awarded
amount shall be paid after lodging of FIR and rest will be paid if victim co-operate with
the prosecution case. It’s evident that most of the victim filed compromise petition after
taking half of the amount under the victim compensation scheme.
 Is proper implementation of witness travelling expenses
(BATA) required?
Yes, as per the versions and complaints before the prosecutors its very pertinent to
mentioned here that most of the witness demand their travelling as well as food
expenditures from prosecutors and avail the same from defence and communicate a
message to prosecutor that not to co-operate in future, which spread a bad message
among others witnesses.
 Is healthy relationship between prosecutions and investigating
agencies required!
Yes, good reciprocation between the both agencies brings out best evidence before
court of law.
 Is Proper implementation and development of forensic science
in criminal justice system required!
Forensic evidence was crucial for police investigators to ensure convictions against
criminals. At present, our investigations are based mostly on oral testimonies. When
the same witnesses change their version in court, cases fall flat. In developed
societies, enough forensic evidence is collected before putting the accused on trial. As
a result, the rate of conviction is high.
 Is police reformation required for enhancement of conviction
rate?
Yes, as per present survey a police officer works 17 Hours per day. Due to registration
of huge numbers of false cases, IO has get only 3 to 4 days for each case
proportionately.
 Is reformation of prosecutions service is need of hour?
Yes, in Odisha prosecutors are two types. One comes from through OPSC examination
and other come from panel of selection. Frequent training for both shall be implement
and technology facilities; e-judgment subscription, official infrastructures, Residence

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accommodations and other benefits must be given them, which encourage them to do
their official duties dedicatedly and honestly.
 Is establishment of “PROSECUTION ACADEMY” in the state of
Odisha justify to meet the problems?
Yes, as far as possible. The state Government may establish “PROSECUTION
ACADEMY” for the improvement of all law enforcement agencies.
PROSECUTION ACADEMY
OBJECT:
Impart the training to both cadre and non-cadre prosecutors of Odisha and as well as
police, excise officers, forest officers, others officers of different law enforcement
agencies.
BRANCHES OF ACADEMY:
1. Forensic lab for training and research.
2. Department of criminology.
3. Any others department as per requirement
Besides the above, some other recommendations is mention herewith for proper
running of criminal justice system. Such as follows:
 Adopt “PPIS” methods:
The “PPIS” method means
1) P: Proper Prosecutions
2) P: Proper Prevention
3) I: Proper Investigation
4) S: Proper Surveillance
 Introduce “Forensic Mobile Unit” in District Level.
The case study shows that maximum time biological collections are damage or
contaminated due to improper method of collection.

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 Adopt “PRO-POLICING” system.
The system of “PRO-POLICING” is need of hour. The healthy and cordial
relationship shall have develop between both prosecution and investigating
agencies.
 Implementation of “VERTICLE PROSECUTION”.
Under Verticle prosecution not only prosecutions but also all stake holders guide
the investigating agencies from the very beginning. It must be a consider as a
team work between police, prosecution, doctor, forensic unit and others law
enforcement agencies.
 Introduce “MADE IN JAIL” concept:
JAIL at present the same word called as ‘Correctional Institution’ which is last
pillar of criminal justice system. As per criminal science jurisprudence it is
consider that “Every saint has a past and every sinner has future and no one
born as a criminal rather they made as criminal’. Under this concept we
rehabilitate wrongdoer and bring them into society as a law abiding citizen.
B. Statutory Reformation:
The legislature Act plays a very vital role in Criminal Justice Sysytem, Unless and until
the specific provision not there a person shall not be liable for his act, even if his act is
immoral. So the three major criminal laws were introduced in 19th century; 1860,1872,
1973 respectively The Indian Penal code, the evidence Act, the Code of Criminal
procedure. Today we are in 21st century. In this period of 100 years, the laws have been
changed/reformed in the UK, Australia, USA. Therefore, the time is more than ripe that
these laws needs to be change and new provisions shall be introduced as per the
requirement of present society.
The Balance:
A balance must be struck between the interests of society and that of the
individual. In discussing the individual’s personal freedom in the context of criminal
procedure, Lord Denning said:

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“It must be matched with social security by which I mean, peace and good
order of the community in which we live. The freedom of a just man is worth little to him
if he can be preyed upon by the murderer or the thief. Every society must have means
to protect itself from marauders. It must have powers to arrest, to search and imprison
those who break its laws. So long as those powers are properly exercised, they are
safeguards of freedom. But powers may be abused, and if those powers are abused,
there is no tyranny like them”.
Need for Reformation:
The modern community requires modern scientific methods of crime detection,
lest the public go unprotected. Such scientific tests are necessary for proving guilt as
well as innocence of the accused. Otherwise, the general public, more particularly, the
litigants in the criminal matters will go unprotected. There is nothing brutal or offensive
or shocking in taking the blood sample under the protective eye of law. The new
provision of section 53 of Crpc confers power upon the investigating agencies to get the
accused examined and section 54 of the Act confers such right on the accused to prove
his innocence or otherwise. On the contrary, if such deprivation of right or personal
liberty is in accordance with the procedure established by law, the same does not
violate Article 21 of the constitution of India.
POINTS OF REFORMATION:
So far as my knowledge is concern, the following reformations are highly
requisite in criminal major laws. Such as follows:

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THE INDIAN PENAL CODE
A. Segregation of IPC into 3 parts;
 SOCIAL OFFENCE.
 ECONOMIC OFFENCE.
 GENERAL OFFENCE
This concept was suggested by Late N R Madhava Menon , considered as the
father of modern legal education in India at Criminology conference held at
Srinagar in 2009.
B. Amalgamation of Sections.
Amalgamation means there are many sections like; mischief, House trespass
etc. offences
C. Enhancement of Fine amount.
As per section 510 of IPC, the fine amount is may extend to 10 Rupees. So
the fine imposed under IPC as per evaluation in the year of 1860 but it must
be increase as per present value.
THE CODE OF CRIMINAL PROCEDURE:
D. Amendment in Sec. 154.
Insert provisions regarding information given through telephone, email, online
grievance shall be treated as FIR & putting signature is not mandatory. As per
my case study in the district of Sundargarh, a victim was lodged a grievance to
SP through online in grievance site but after inquiry SP sent her to lodge the
same before police station having jurisdiction. The defence council raised a
objection on FIR, as which statement shall be treated as FIR either information
under grievance or statement made before police station.
E. Amendment in Sec. 437(5).
As a matter rule bail is the rule and jail is the exception but this right is not
absolute in nature. The right to continue under bail is subject to obey the
conditions imposed by the Hon’ble court and when the accused violate the term
and conditions, his bail shall be cancel under section 437(5) Crpc. But in practical

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accused persons never obey the very term imposed upon them by the concerned
court. My point of suggestion is that the concerned authority must bring the same
in the knowledge of court.
F. Amendment in Sec. 357:
As per section 357(d) of Crpc: when any person is convicted of any
offence which includes theft, criminal misappropriation, criminal breach of trust,
or cheating, or of having dishonestly received or retained, or of having
voluntarily assisted in disposing of, stolen property knowing or having reason to
believe the same to be stolen in compensating any bona fide purchaser of such
property for the loss of the same if such property is restored to the possession
of the person entitled thereto. As per case study in Sundargarh, in one of the
case the accused convicted under section 420 IPC for transferring the money
at about 60 lakh Rupees from the account of victim to his account and the
account of accused has been frizzed. Interestingly the court of SDJM,
Sundargard convicted the accused but has not clarify over the point of amount
frizzed; who is entitled for what portion because the calim amount is 60 lakh
but the amount frizzed is 80 lakh and accused narrate that I spend the cheating
amount and I have entitled over entire amount as frizzed. So my point of
suggestion is that make a provision, whereby the criminal court has enjoy the
power of civil court and determine the point with regard to misappropriate
money.
G. Amendment in Sec. 441A: declaration by surety
Every person standing surety to an accused person for his release on bail, shall
make a declaration before the Court as to the number of persons to whom he
has stood surety including the accused, giving therein all the relevant particulars.
But in practically in number of cases professional persons are engaged as a
surety. So my suggestion is that one explanation must be insert regarding
“Number of persons”& bar the professional bailer to make the process clear.

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THE INDIAN EVIDENCE ACT
H. Improve the Evidentiary value of a statement recorded through Audio-Video
method.
I. Implementation of scientific technology as good Evidence.
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT
J. The protection of children from sexual offences Act 2012 is a special Act,
however one difficulty arise on the punishment, which is extent to 3 years in the
absence of clarification on nature of offences and whether it is bailable or non
bailable or cognizable or non cognizable. So point of suggestion is that make the
offence nature by inserting one section under the Act that “All offence under
this Act are non-bailable and cognizable”. Some time as per my experience
defence council argue on the point, where the punishment is below 7 years that
why 41A Crpc notice shall not be granted even if in special Act.
K. TIP: This Act has not contain any provision regarding the process of ‘Test
Identification Parade’ procedure as because if general procedure is follow then
the same shall violate the legislature intention and provisions of sec 24(3), 36 of
this Act. As per the sections version at no point of time the victim shall not be
came across with the accused. In the case of Rakes Vs. Delhi, the Hon’ble high
court prescribe some guidelines for conducting TIP for the offences under
POCSO Act. My point of suggestion is that there shall be one section regarding
identification parade through photo.
L. REFORMATION IN VICTIM COMPENSATION :
As per present norms of victim compensation scheme, whenever compensation
is awarded then 50% of that amount shall be paid to the victim and records
shows that after getting that half amount, the victim make the case compromise.
My point of suggestion is make a provision and pay the compensation amount
proportionately so that the victim support the prosecution case till last, as recently

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the apex court held that “Compromise between the victim and accused is no
relevance in deciding Rape cases.
Instead of conclusion: What is still to be done?
Last but not the least my humble submission is that the concerned authorities
may consider the subject matter and legislate or implement suitable provisions after
thread bare discussions with all expertise personnel and my points of submission might
be taken into consideration if situation allows. Yours truly.
Submitted by
Abdul Samim Akhtar, OSPS-I
Public Prosecutor
Sundargarh.
E-mail: akhtarpp.odisha@gmail.com
M-+917873379714