gov talk
dr ranvir p sharma inspector general of police karanataka
need for an Effective Cjs There is a need to create an index or grading system of evidences to enable the generation of a score card. This will make the gleaning of evidences and presentation in the courts more scientific and disposal of cases faster and in transparent manner
T
he perceptible failure of the Criminal Justice System (CJS) in prosecuting the guilty stands to be addressed and that too, immediately. In a quest to find solutions to this problem, investigating agencies, prosecuting agencies and judicial system need to work coherently to address the issue, imbibe new ways and means to improve CJS along with simplifications of procedures. There have been arguments to give more credence to circumstantial evidence or, sometimes, to scientific evidence, but we have not been able to grade evidences gleaned in variety of cases so the entire system is yet to become ‘Preponderant Evidence System’. Rather it remains evidences linked system, which is rather vague. There is a need to create an index or grading system of evidences to enable the generation of a score card. This will make the gleaning of evidences and presentation in the courts more scientific and disposal of cases faster
and in a transparent manner. In case the prosecutor finds that the score card attached with charge sheet does not show sufficient evidence, it will be open to prosecutor to ask the investigating agency to further investigate the case. Similarly, in cases where the accused finds that impeccable evidences have been produced, may bring ‘plead guilty’ phenomenon and ask for mitigating the punishment and thus, judicial time spending will be economical and judicious. It is high time we evolve an objective presentation of evidences and their appreciation and bring mandatory changes in procedural laws so as to incorporate the system of grading of evidences gleaned by investigating agencies and presented by the prosecution to make the entire exercise fair, objective and transparent. Crime is a threat to our freedom and democracy. Crime reduction is essential for stability, security and development of the nation. However crime reduction cannot be achieved in isolation without having an effective CJS in place in the country. There is a
Criminal Justice System has failed largely due to poor investigation, prosecution and lack of a system to assess evidences
strong belief that the present CJS has failed to deliver and is likely to collapse if remedial steps are not taken immediately. The present system is exhibiting signs of overload and lack of effective management. There are four essential prerequisites to generate faith in CJS: efficiency, effectiveness, transparency, and fairness. Efficiency refers to the utilisation of resources in an optimum fashion to achieve the goals set by the Law and the Constitution. Effectiveness embodies the principle of healthy balance between liberty and security along with observance of the requirements of the law towards the accomplishment of the goals of crime prevention besides punishing the guilty in time effective and cost effective manner. Transparency is the fulcrum on which the accused, the victim and all other stakeholders exhibit their satisfaction. The satisfaction of all the stakeholders is the bottom line in any transparent system. Fairness is the attribute of a transparent system. It should be amply demonstrated in any system so as to build faith in a system. April 2011 / www.egovonline.net / egov
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