The report proposes the introduction of new "Rules of Criminal Practice", which have been framed based on the suggestions from State Governments, Police Departments and various High Courts.
A report has been compiled by three amici curiae appointed by the Supreme Court to assist the Court in redressing the inadequacies and deficiencies inherent in the Indian criminal justice system.
The report submitted by Senior Advocates R Basant and Sidharth Luthra and Advocate K Parmeshwar outlines draft "Rules for Criminal Practice" as a reformative measure.
The Supreme Court had taken up the larger issue of deficiencies in criminal procedure suo moto while hearing an appeal in 2006. During the course of the case, Senior Advocate Basant had pointed out certain inadequacies in the process adopted by the trial courts while disposing of criminal cases.
In 2017, the Supreme Court had issued notice to all State governments and High Courts to submit their responses on proposed amendments in law concerning criminal law practices, so that uniformity of practice can be ensured.
The responses so received were vetted and then converted into a consultation paper by the amici curiae appointed by the Court.
The Draft rules of Criminal Practice, 2020 have been drafted after taking suggestions from 15 states and 21 High Courts across the country.
The Draft rules include five chapters dealing with how investigation is to be carried out, how charges ought to be framed, how trials must be conducted, with details on how evidence must be recorded, exhibited and referenced, and how a judgment must be drafted.
The report also contains a miscellaneous chapter which deals with how bail applications should be disposed of. The chapter also suggests the appointment of advocates who are not public prosecutors to advice investigators. Further, the chapter also contains provisions for the expeditious trial of criminal cases.
[Read the full report here]
