By Justice Kamaljit Singh Garewal
In July last year, Indian citizens were promised comprehensive protection from crime when the Criminal Procedure Code was renamed the Bharatiya Nagarik Suraksha Sanhita. Quite frankly, renaming criminal procedure as “nagrik suraksha” is neither here nor there.
Since 1950, Indian citizens have been under the protective umbrella of the Constitution. The Preamble begins with the solemn pledge: “We, the people of India, have resolved to secure to all its citizens justice…” Article 14 reinforces this promise: “The State shall not deny to any person… equal protection of the laws.” But how well has this protection worked in practice?
A Shifting Landscape Of Justice
Until 1974, lawbreakers were tried under the Criminal Procedure Code, 1898—a British-era law designed to maintain colonial control. Law enforcement was strict, ruthless even, yet effective. The police operated with muscular authority, and criminals faced swift justice if evidence met the standard of proof beyond reasonable doubt. “There was no interference in investigations by senior police officers, politicians, or High Courts,” recalls the writer, who experienced the CrPC, 1898 firsthand as a young trial lawyer in the early 1970s.
This changed when the CrPC 1973 replaced the earlier code in 1974. Within months, India was plunged into Emergency, during which fundamental rights were suspended, censorship was imposed, and citizens were detained without trial. Ironically, this dark period also gave rise to robust jurisprudence around the constitutional right to life.
Rising Crime, Falling Convictions
Today, convictions still rely on proof beyond reasonable doubt, yet the system falters when trials drag on for years or cases balloon with excessive accused lists and weak evidence. “The sad reality is our declining conviction rates,” notes the writer.
Prosecuting citizens without solid evidence not only wastes resources, but undermines faith in justice. True protection lies in swift and effective justice—where criminals are:
- Quickly arrested.
- Scientifically investigated.
- Prosecuted efficiently.
- Punished adequately.
Ideally, this process should conclude within four to six months.
Justice Lost In Delays And Incompetence
Instead, criminals often evade arrest for months, flee abroad, or secure political protection. Investigations stretch endlessly, and trials take years. “Is this citizens’ protection?” the writer asks.
Without a robust witness protection programme, fear dominates communities. The sight of a policeman now instils anxiety, not security. Recent incidents illustrate this grim reality:
- In Beed, Maharashtra, Sarpanch Santosh Deshmukh was murdered after resisting extortion by criminals linked to a cabinet minister. Despite seven arrests and a 1,200-page charge sheet, residents remain fearful.
- In Swargate, Maharashtra, a woman was abducted, raped, and her attacker swiftly arrested—but the public’s sense of safety remains shattered.
- In Patiala, Punjab, a serving Indian Army Colonel and his son were assaulted by Punjab Police officers—a shocking display of unchecked brutality.
Punjab’s Dark History Of Unpunished Crimes
Punjab’s grim past still haunts its present. In the 1990s, thousands of young men were “encountered” by Punjab Police without accountability. “Activist Jaswant Singh Khalra’s exposé of thousands of cremated, unidentified bodies in 1995 led to his own murder,” the writer recalls. The film Punjab ’95, based on Khalra’s life and starring Diljit Dosanjh, awaits release in India—reminding us of unresolved crimes from three decades ago.
Burdened Courts And Endless Delays
Today, India’s justice system is overwhelmed. Data from the National Judicial Data Grid reveals a staggering 4.55 crore pending cases across various courts.
- 3.46 crore are criminal cases (74 percent less than a year old).
- The remaining 90 lakh cases drag on for years.
“Procedural delays, multiplicity of proceedings, and endless paperwork cripple the system,” warns the writer. Lengthy trial court judgments resemble doctoral theses, filled with repetition. Appeals are similarly bloated. “In our courts, brevity is rare. Great weight is placed on lengthy briefs,” the writer observes.
A Case For Streamlining Justice
To restore faith in the system, criminal trials must be conducted with clarity and precision. The writer advocates for:
- Simpler, concise judgments with clear verdicts.
- Shorter appeals that focus on a few decisive grounds.
- Eliminating unnecessary repetition in bail applications, quashing petitions, and special leave petitions.
“Justice isn’t about verbosity—it’s about swift, decisive action,” the writer concludes. Until India’s justice system embraces efficiency and decisiveness, the promise of “Nagrik Suraksha” will remain a hollow illusion.
—The writer is former judge, Punjab and Haryana High Court, Chandigarh, and former judge, United Nations Appeals Tribunal, New York