LAHORE: The Punjab Prosecution Department has suggested far-reaching legal reforms to plug loopholes in the country’s criminal justice system that benefits the criminals and troubles the innocent.

The suggestions have been sent to the Prime Minister’s Committee on Legal Reforms through the provincial government.

According to sources on Sunday, the suggestions, if implemented, would strengthen the criminal justice system to ensure punishment of the criminals, disallowing them to take benefit of any legal flaw, and to protect the innocent implicated in any case.

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The suggestions include amendment to the CrPC to allow management of cases through issuance of a timetable for disposal of each case depending on the following factors -- number of witnesses and other evidence to be produced during trial and early judgment.

The provincial prosecution department says provisions should be made for attachment of magistrates with the sessions courts for recording of evidence of witnesses on the direction of the presiding judge.

Keeping in view the power of prosecutors to review the cases, the power of taking cognizance by the magistrate should be abolished. The recommendation of the prosecutors should form the basis of trial. Sessions courts should take cognizance directly on the recommendation of the prosecutors. Amendment to sections 190 & 193 of CrPC should be made accordingly.

Investigating officers should be duly certified in conducting investigation, including preservation of crime scene, collection of evidence (physical evidence) and its packaging and dispatching to the lab. Provisions should be inserted in the Police Law to make the certification mandatory.

Provisions should be made in the CrPC for regulating identification of suspect through identification parade, DNA and finger prints. Right now there is no provision and the identification parade is made under a Lahore High Court ruling and the method is not clear.

Rules should be framed for securing and preserving crime scenes, collection of evidence including physical evidence, its packaging and dispatching to the lab. There are no such rules at present.

The prosecutors should be empowered to terminate unjustified and unwarranted cases by amendment to section 173 of CrPC.

Statements of witnesses should be signed by them so as to discourage resiling. However, adequate safeguards should be put in place to ensure that witnesses are not coerced and given inducement. Amendments should accordingly be made to section 162 of CrPC. Examination of the accused should be allowed through audio-video recording.

A police officer not related to investigation should be deputed to examine the evidence in cases in which an accused has been arrested. He should examine the case within specified period of time and if the evidence is found insufficient and no further evidence is likely to be discovered, he may be empowered to release the accused person on bond. Section 497 and other relevant provisions should be amended accordingly.

The classification of cognizable and non-cognizable offences should be done away with and new classification of arrestable and non-arrestable offences should be introduced. In non-arrestable offences, no arrest should be made even where the accused is sent for trial unless he or she violates an order of the court regarding appearance.

The power of arrest should be regulated closely to discourage arrests without sufficient evidence and where there are no exigent circumstances to justify an arrest.

A provision may be inserted in the CrPC for providing compensation where the accused is acquitted on the grounds that the accusation against him or her was baseless or vexatious.

Published in Dawn, April 6th, 2015

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