The Hindu : High time new penal code was evolved: Governor

Online edition of India's National Newspaper
Wednesday, May 07, 2003

Southern States

Southern States - Tamil Nadu

High time new penal code was evolved: Governor

By Our Special Correspondent

CHENNAI May 6. There is an imperative need to bring in major changes to the 140-year-old Criminal Procedure Code, especially in the provisions on bail, statements by the accused and witnesses as well as in the prosecution procedure to make the entire criminal justice system beneficial to the people, the Governor, P.S. Ramamohan Rao, said here today.

The changes could start off with dropping of all cases, which were over two years old but which did not involve any major law and order issue. This would declog the judicial system and help the prosecution and the judiciary pay attention to the more serious and more recent crimes. In the place of the present `adversorial system' of jurisprudence, in which the prosecution would have to prove the guilt of an accused, he mooted inclusion of certain parts of the ``inquisitorial system'' where once a prima facie case was established by the prosecution, the burden of proof (of his or her innocence) would shift to the accused.

The Governor was delivering the first endowment lecture instituted by the Parthasarathy Birth Centenary Celebrations Memorial Trust.

The late Parthasarathy, who entered the Indian Police in 1927 served as a distinguished Commissioner of Police, Madras and Inspector-General in Travancore, IG of the Railway Protection Force, Director, Railway Board and member of the Union Public Service Commission. Later he worked in the voluntary and education sector in the State.

Releasing a souvenir, the Governor said the main burden on the criminal justice system was caused by delay in procedure followed under the outdated Cr.P.C. Today, there was a perception that the law caught up only with the ordinary person, while influential and affluent people escaped.

The procedure of arrest should be the least important part of investigation of a crime. The power led to a lot of misuse and corruption. The registration of the first information report and the recording of witness statements under Section 161 Cr.P.C required changes in procedure so that their evidential value was improved. The system of naming an offence `cognisable' or non-cognisable ought to be changed for speeding up the procedure.

The present law required the police to produce a person before a magistrate within 24 hours of arrest. This limited custodial period forced the police to resort to torture. At least serious crimes against society, the law should provide more time to the police to extract the required information from a suspect. The system should also provide for accountability on the part of the prosecutor. The Governor cited the CBI had its own prosecution wing and prosecutors.

Also, the punishments awarded today were too lenient and needed to be made more stringent. Outdated provisions should be removed forthwith and newer sections provided for the new age evils of terrorism, financial and cyber crimes, gender discrimination and violation of privacy and sexual violence, the Governor said adding a new penal code to prevent offences against society brooked no further delay.

The managing trustee, S. Parthasarathy Birth Centenary Celebrations Memorial Trust, V. R. Lakshmi Narayanan; its secretary, V. Vaikunth, and the trustee, P. R. Parthasarathy, recalled the humane qualities of the late police officer, who ``was the image of humanism'', and ``who injected integrity and character in the personnel of the force''. S. Ignacimuthu, Vice-Chancellor, Madras University, and A. Sivamurthy, head of the University's Criminology department, said the endowment lecture would be conducted regularly.

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