Reforms in Indian Criminal Justice System
Evolution of ICJS
Required Reforms in IPC/CrPC/IEA
Various Dimensions related to BNS, BNSS, BSA.
Critical Analysis
Evolution of India's Criminal Justice System
The basis principle of CJS is to protect the victim, and punish the offender. But such systems cant be created unless the society is clear about morality and immorality. CJS is always evolutionary in nature. It tends to be fool-proof. CJS is the collective conscience of a society.
In prehistoric times, there was no concept of justice or law. But as society evolved the new parameters of morality and immorality gets created. Based upon it, the collective wisdom of society, has started creating a criminal justice system.
Ancient Times (1000BCE - 1000CE)
In Ancient India, during the pre-vedic era, humanity was living in ideal stateless society. But over a period of time, humanity has realised that ideal stateless society will never last long. Because, without having king and his institution the masses of the society can not be protected.
Evolution of society, institution of king and his advisory took place, and as a result criminal justice system got its genesis.
Rigveda uses the term Gopajanasya, that means king is the protector of his kingdom and his people. This indicates obligation on king, so he created Sabhas / Samitis / Standing Army to protect its people.
During the Maurayan Empire rule, India's bureaucratic and its legal system got its evolution. Following are the principles of Kautilya's Arthashashtra which can be considered as benchmark of India's criminal justice system. Which is itself derived from Smriti / Samhita and Brāhmaṇa from the Vedas.
Principles from Arthshashtra
Its is the eventful duty of both king and his government, to maintain law and order.
Every Criminal Activity should be punished.
There should be a proper procedure of criminal investigation.
There should be a proper code of conduct for both judges and king.
Those area of governance which are not been defined in any smritis or in any shruti should be deceided by conscience of king.
Role of Yagyavalkyasmriti and Manusmriti
Manusmriti laid the foundation of Danda-Niti, whose componets are:
Admonition (giving a warning)
Censure (critisize)
Fine (economic punishment)
Corporal Punishment (can include death penality)
MS laid 18 different grounds of litigation. As per MS aka Manav-dharma-shashtra (dharma as code of conducts), there should be 18 different grounds of litigation, under which the aggrived person can go to a court in order to seek justice.
These principles for ground of litigations are the foundational principles of ICJS.
MS based jurisprudence have been accused of discriminating among different castes.