Context:
The Supreme Court of India recently set aside the death penalty awarded to a man convicted of murdering his wife and 12-year-old daughter, citing serious flaws in the criminal justice system. The judgment underscored the significance of a fair trial and due process, particularly for economically and socially disadvantaged individuals.
Reasons for Setting Aside the Death Penalty
1. Lack of Legal Representation: The accused was denied legal representation at crucial stages of the trial. This absence of proper legal defense was one of the primary reasons the Court found the trial unfair.
2. Procedural Deficiencies: The Court found that serious lapses occurred in how the trial was conducted. This included a failure to ensure the accused had proper legal counsel, undermining the fairness of the judicial process.
3. Disadvantages Faced by Vulnerable Groups: The Court acknowledged that India's criminal justice system disproportionately disadvantages those who are economically or socially vulnerable. The accused in this case faced additional systemic hurdles, which were exacerbated by his marginalized status.
4. Capital Punishment and Certainty of Guilt: The bench emphasized that capital punishment, being the most severe form of punishment, should only be imposed when there is absolute certainty about the guilt of the accused. In this case, the Court found that such certainty was lacking.
Criminal Justice System of India:
The objective of the Criminal Justice System of India is to prevent crime, punish criminals, provide justice to the victims and maintain law and order in the society. This system is made up of police, judiciary and correctional system.
Main Components:
It is the first pillar of the criminal justice system.
Its main responsibilities are to receive information about the crime, investigate, arrest criminals and provide evidence to the prosecution in the court.
2. Judiciary
The function of the judiciary is to conduct a fair trial of crimes and sentence the culprits.
It conducts the judicial process according to the Constitution and the Penal Code.
It includes the Supreme Court, High Courts and Lower Courts.
3. Correctional System
Its objective is to rehabilitate the culprits and include them in the mainstream of society.
It includes prison system, probation, parole and reformatory homes, which are designed to prevent criminals from re-offending.
1. Vohra Committee, 1993
Major recommendations:
Establishment of a dedicated agency to analyze and share intelligence collected by various agencies.
Reform the criminal justice system to ensure strict action against criminals.
2. Malimath Committee, 2003
Major recommendations:
Provide more resources and technical training to judicial officers and investigating agencies.
Give more autonomy to prosecution agencies to make prosecution and police system more efficient.
