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The Committee for Reforms in Criminal Law, set up by the Ministry of Home Affairs in 2019, has opened consultations on some of its mooted reforms, including amending the law on sedition, and whether sexual offences should be gender-neutral.
The Committee has invited recommendations from experts on criminal law over the next three months, on required reforms for India's criminal procedure law, evidence law and substantive criminal law (essentially the Indian Penal Code).
As per the website, the access to the questionnaire for expert consultation shall be enabled on Saturday, 4 July. A questionnaire with 49 issues on which the Committee is inviting suggestions was made available for experts who register with the Committee on Saturday evening, dealing primarily with substantive law issues.
The committee is headed by Prof (Dr) Ranbir Singh who is the founder Vice-Chancellor of National Law University Delhi and its members include Mahesh Jethmalani, senior advocate practicing in the Supreme Court of India.
AMENDMENTS TO IPC?
On the substantive criminal law side, the Committee will be undertaking a review of offences under the IPC, removing redundant provisions, improving existing definitions, and bringing the law in line with judicial decisions.
Some of the issues which experts are being asked to look at in relation to this include:
In terms of bringing the law in line with decisions of the courts, the Committee is also seeking expert recommendations on decriminalising euthanasia, offences relating to miscarriages and including new provisions on ‘corporate homicide’.
PROCEDURAL LAW ISSUES
In terms of procedure, it is looking at reforms to the provisions of the Code of Criminal Procedure 1973 on arrest and bail, streamlining of trial proceedings to reduce delays, and introduction of better sentencing guidelines, among other aspects.
EVIDENCE LAW CHANGES
The Committee will also be examining whether there is a need for changes to the Indian Evidence Act 1872, including those relating to technological and forensic advances.
The questionnaire does not include questions on either of these two issues, though there are questions about whether strict liability offences – where intent is irrelevant – should be introduced into the IPC.
The consultation process was initiated on 26 June, which means that experts have till 25 September or so to submit their views on these highlighted issues, or other needed reforms.
“The exercise shall be repeated over the course of the next three months in order to solicit detailed responses on such questions of law as the Committee requires expert opinion on,” the letter dated 26 June reads.
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Published: 04 Jul 2020,02:06 PM IST