Separate investigation and prosecution cadre likely?

Issue No. 5 | March 01-15, 2012

Expeditious trial of cases has to be ensured by making necessary changes in procedure. States must create a separate investigation cadre. Separate prosecution cadre is also required. This was stated by the Union Home Minister P. Chidambaram at the Consultative Committee meeting of the Ministry of Home Affairs which discussed the topic: Investigation, Prosecution and Trial – The Need for Revamping.

He said that the Law Commission of India had been requested to give a report on the amendments required immediately. He said the Department-related Parliamentary Standing Committee on Home Affairs while examining the Code of Criminal Procedure (Amendment) Bill, 2010 in its 146th Report has recommended that there should be comprehensive review of the Criminal Justice System and introduction of composite draft legislation for revamping of the Criminal Justice System in the country. Accordingly, Ministry of Law & Justice has been appealed to request the Law Commission of India to examine and give a comprehensive report covering all aspects of criminal law, so that comprehensive amendments could be made in the various laws viz. IPC, CrPC, Evidence Act, etc. It was also suggested that the Law Commission of India may also, inter-alia, take into account the recommendations made by the Malimath Committee and other committees/commissions in this regard. The recommendations of the Law Commission of India in this regard are awaited.

While initiating the discussion, the Union Home Minister said, the investigation has moved to technology-based evidence, new forensic tools are used by other countries. We also need to move towards it.