In 06th September Delhi edition of Times of India at front page, there was news of SC(Supreme Court) sets 2-month deadline to free long-jailed undertrials , it can be read at :
http://timesofindia.indiatimes.com/india/SC-sets-2-month-deadline-to-free-long-jailed-undertrials/articleshow/41820262.cms
Is arrest the only way, Asks Apex court?
My take is that the major issue is why the arrests, Because in India our Judicial System follows still the old the code of criminal procedure, which was enacted for the first time in 1861 CrPC as part of a series of criminal law reforms undertaken by the British Raj in the wake of the 1857 mutiny.
That the 1861 CrPC was designed to rein in rebellious natives was evident from the immunity it conferred on whites from the criminal jurisdiction of district courts. Only high courts could then try European British subjects.
Code of Criminal Procedure Act is all about:-
Barring Jammu & Kashmir and parts of northeast, CrPC applies to the whole of India and to all persons irrespective of their religion or nationality. It lays down the procedure for investigation, inquiry and trial of all offences that fall under the Indian Penal Code 1860 and other criminal laws.
It lays down the parameters for exercising draconian powers of arrest, summons, warrants and search and seizure. It creates the entire hierarchy of criminal justice system, complete with investigators, prosecutors, magistrates and separate trial courts for minor and heinous offences.
We are in 21st century but the laws still rely on the 19th century Criminal Procedure Act.In todays world whereas through out the world the laws are being changed and retired as per the times but I feel in India this laws still prevails because of personal motives of individuals involved in the law and order machinery.
There would be thousands of examples that how a Police officer misused his powers and arrested innocent people and Judiciary did not give them bails. Bails being the discretionary powers of Judicial officers and based on reports of Investigation officers(Police),In case both joins hand under the table the alleged persons get extorted by the system. Another gainer of the system is the advocates. Influential individuals use these laws to get false cases registered and arrested their targets.
Another major ripple effect is that by putting innocent person(so called under-trials) behind bars with the Hard Core Criminals in the same jails.These under-trials are forced to become the future criminals due to the vengeance for the wrong doing with them and the treatment received in jails etc.
The recent example can be read it in the Times of India news Paper at page no.7 of September 6th with heading"Stalker stabs girl to death, injures mother . It can be read at:-
http://timesofindia.indiatimes.com/City/Delhi/Stalker-stabs-girl-to-death-injures-mother/articleshow/41813570.cms
In news it is stated that the accused boy Ayub of 21 years was arrested on July 13, 2014 on charges of stalking his landlord's daughter and remained in jail for 52 days. However, barely 52 hours after being released on bail, the youth set out to eliminate the girl's family.
Cops said Ayub was about to join a gang using the contacts in jail.Cops had registered am FIR under section 354B(Sexual harassment) on July 12 on the woman's complaint. The accused was arrested on July 13 and sent to Tihar Jail.He had come out on wednesday.
As per report in TOI, accused said to Police during interrogation" I was sent to jail, I did not deserve this and decided avenge the insult"
Now a million dollar question is was the FIR registered on July 12 was investigated properly and was it must to arrest a 21 Year old youth and to place him in Tihar Jail for 52 days with Hard core Criminals. An arrest of a youth of 21 years had made him a Murderer within a span of 54 days, thanks to the existing machinery of Law and Order.
Why not our system opt for first investigate and then arrest, if necessary. In any case if the arrest is must after investigation, should not be their some leniency for first time offenders based for non heinous crimes.
Why not to make separate jails for under-trials, should they not be educated and motivated during custody to follow the non criminal path.Punishment are meant to kill the crime not to create further criminals.
Should not the Law and order machinery be held responsible for creating criminals.
Now it is the time to rethink about changing our criminal laws, other wise we would leave the society further damaged and full of criminals.
Courtesy:
Times of India News Paper Delhi Editon