Document Fragment View

Matching Fragments

            So, in all these respects, I have to welcome this move. This amendment will greatly modify our criminal administrative system and I hope our lower judicial officers will make use of these provisions to clear arrears of cases. Let us hope that with this and many more amendments to come, we would provide a more clean, just and equitable justice system in the country.
PROF. M. RAMADASS Mr. Chairman, Sir, I rise to support the Criminal Law (Amendment) Bill, 2005 because the objects of this Bill are consistent with the legal requirements of the country today and I congratulate the hon. Home Minister for bringing out very simplified amendments to the Criminal Procedure Code. Some time ago, when the Home Minister brought certain changes in the Criminal Procedure Code, there was a lot of hue and cry in the country and the whole legal world was against those amendments. We should appreciate the Home Minister for responding to all those objections of the legal world and now bringing out a very simplified Bill which will go a small way to correct some of the evils that are bedevilling the criminal judicial system in the country.
            As far as plea bargaining is concerned, there are more advantages to it.  It is a better system than the American system because it is within the protection of the law.  It is not outside the court of settlement. … (Interruptions)
MR. CHAIRMAN : Please conclude.
PROF. M. RAMADASS  : Therefore, plea bargaining is also good.  But, at the same time, here again, there is a requirement that the Government should bring about an institution called Directorate of Prosecution which will be able to bring effective compromise in these cases.  But, at the same time, we should also see whether plea bargaining introduces an element of complacency on the part of the criminals.  They will commit crime; they will go to the court, enter into a compromise – a compromise between three parties, namely, accused, victim, and prosecutor and other people – and then they get themselves released. Again they will commit crime. This should not induce a kind of leniency on the part of the criminals.  Therefore, I would say that it should be there and the entire criminal system can be re-hauled or overhauled and it can be perfected if only we have a perfect police system and public prosecution system.  Police reforms must come.  Therefore, merely by bringing these amendments, we would not be able to perfect the system. Of course, we are not pleading for perfection anywhere.  Absolute perfection is not possible.  Only a relative perfection is possible, and to that extent, to that objective, this Bill will be a milestone.  Therefore, I wholeheartedly support the Criminal Law (Amendment) Bill.