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Rajya Sabha okays criminal law amendments

Special Correspondent

Steps to reduce the timeframe of criminal trials under the Criminal Procedure Code

NEW DELHI: The Rajya Sabha on Tuesday gave its nod for amendments to the Criminal Law (Amendment) Bill, 2003, after the Central Government turned down a suggestion to postpone the Bill in view of the reservations expressed by some members on some of the proposed amendments, particularly plea-bargaining.

The Bill for amending certain provisions under the Indian Penal Code, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, was passed by voice vote. The Bill will now be tabled in the Lok Sabha for approval.

The Government adopted an amendment moved by CPI (M) member Brinda Karat on Section 498 (A) to continue as "non-bailable and non-compoundable" domestic violence against women. Earlier, based on the Malimath panel recommendation, the Government was considering making offences under this Section "bailable and compoundable." Ms. Karat withdrew her amendment after the Government officially adopted it.

Pre-trial negotiations

Responding to supplementaries with regard to the amendments, Union Home Minister Shivraj Patil said the concept of plea-bargaining had been introduced to reduce the timeframe of criminal trials under the Criminal Procedure Code. The plea-bargaining clause provides for pre-trial negotiations between the defence and the prosecution during which an accused might plead guilty in exchange for certain concessions by the prosecution. However, in case the accused files an application and affidavit admitting guilt and it was not accepted by the court, the amended law provides that the application and the affidavit would not be used against the accused, the Minister said.

Through another provision, the Bill seeks to provide for punishment to the inducer of a witness as recommended by the Standing Committee. The punishment for someone who induces or threatens a witness was proposed to be the same as provided to the accused.

The Minister agreed with a suggestion that along with amendments to the criminal law, the investigating machinery (police) needed to be strengthened.

"The investigating agency should rely on technology and circumstantial evidence rather than just oral evidence," he said.

Rejecting nominated member Bimal Jalan's suggestion to postpone the Bill, Mr. Patil said the Bill was in Parliament since 2003. Reports were given by the Law Commission, the Malimath Committee and the Standing Committee.

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