Adv. Vibhor Anand Profile picture
Jun 30, 2018 26 tweets 6 min read Twitter logo Read on Twitter
After Nirbhaya's Case in 2012, The Criminal Laws were amended in 2013, After #Kathua Case in 2018,The Laws were again amended, but still #Mandsaur happened, Are the Indian Laws Weak or The Govt. Missed to fill the most imp. LoopHole in the Criminal Justice System? Read dis thread
After Nirbhaya's Case in 2012, Justice J S Verma Committee was formed which recommended changes in the Criminal Law, The then UPA govt. accepted those Recommendations and amended the Criminal Law, The Entire Country n Media Hailed the move thinking that ' Things Would Change Now'
After #Kathua case, the people and the media again protested and forced the @narendramodi led NDA govt. to again change the Law,In April 2018, the Criminal laws were again amended Providing Death Penalty for Child Rapists. Again we thought Things wud Change But #Mandsaur Happened
To Know what Actually went wrong both in 2013 and 2018, what both UPA and the @narendramodi Missed we would have understand the Complex Criminal Procedure in a simple way, So here I analyze the Law in a simple language so that common people can understand easily
Once a FIR is Registered, The Officer is given 90 days time to, investigate the Case, collect evidence and submit the Chargesheet after all the accused person's are arrested. in 99.99 % cases the Investigating Officer take 60-80 days to complete everything n submit d chargesheet
Nirbhaya's Case Remains the only case in which @DelhiPolice Completed the entire Investigations and submitted the Chargesheet in the court in record 17 Days Time.
Once the chargesheet is submitted in court, it is carefully scrutinized and then the Magistrate Remands the Case to the Session Court for Further Proceedings, The session Court then Frames the Charges against the Accused Persons and Trial Stage Commences.
The Trial stage commences with the Recording of Evidences, The statements of the witnesses are recorded in the court and simultaneously these witnesses are cross examined by the Defense Counsels of the accused persons and case properties are also exhibited and examined by d court
The Recording of Evidence is the most important part of the case and has to be most carefully done so that nothing is left, it is also the stage in which fair and ample opportunity has to be given to the accused to prove his innocence.
Even In Nirbhaya's Case the Trial Commenced on 02.02.2013, The prosecution prosecution side presented 85 witnesses in its support, each n every witness was carefully examined and cross examined in the court. It took almost 6 months to examine these 85 witnesses.
After the Prosecution Evidence is complete, the Statement of the Accused is Recorded, It is a Direct Conversation between the Judge and the Accused where the Judge puts various questions to the accused on the evidence presented against him.
After the Statements of the Accused, the Defense side produces its evidence and witnesses in favor of the Accused persons to prove their innocence beyond doubt.
After the Recording of the Defense Witnesses, the Court then proceeds to hear the Final Arguments in case, The Prosecution side is heard first and the Defense side rebut it thereafter... The Court After Hearing Both the Sides , Reserves the Judgment.
However Before the Pronouncement of the Judgment the court may summon any person or witness for Re examination if it is necessary under the powers given in Section 311 CrPc.
The Court then Delivers the Judgment on whether the Accused are Guilty or Innocent. If the Court declares them Guilty, then the court immediately moves to hear the Arguments on the Punishment, where the Prosecution Argues for Maximum Punishment n Defense Pleads for lesser qunatum
The Court after hearing both the sides delivers the Punishment for the Accused and thus Ending the Gruesome Trial Stage of the case. In Nirbhaya's Case It Took 8 Months and 9 Days to Complete the Trial Stage with Accused given Death Penalty on 13th Sept. 2013
Many would think, with the Death Penalty Given, The Problem ends, But it is the start of the Actual Problem of the Criminal Justice System, The Death Sentence is then Sent to the High Court for Confirmation and The Accused are given 30 Days to File an appeal against d Judgment.
And This is the Start of the Long n Tedious Appeal Stage in the High Court which in normal cases takes 4-5 years for the High Court to Pronounce the Judgment to Confirm the Death Penalty to the Accused.
Again the Nirbhaya's Case remains the only case in which the High Court Confirmed the Death Sentence to the Accused in Just 6 Months on 13.03.2013, but Every Case is not the same and every Victim is nt Nirbhaya.
After the High Court Judgment, the Appeal to Supreme Court lies, The Supreme Court in normal Cases takes 6-7 years to deliver judgment. The procedure doesn't ends here. Then Comes the Review Petition, Curative Petition and lastly the Presidential Pardon which takes 3-4 years more
So in a normal case it takes around a good 12-14 years to hang a culprit, The Criminal Amendment of 2013 and 2018 gave a Time Frame for the Trial Court to Complete the trial and Pronounce the Judgment. But the Legislature Forgot to Bound the High Court and Supreme Court
What Should Be Done Now?

I urge the @narendramodi to bring an immediate Ordinance to Change the above procedure in Rape Cases in which the Trial Court Awards Death Penalty with the following Changes
1. Once the Death Penalty is Awarded by the Trial Court, The Appeal against Death Penalty shall lie only to the Supreme Court within 1 Month of the Judgment.
2. It Shall Be Compulsory For the Supreme Court to Complete the Hearing and Pronounce the Judgment within 6 Months
3. The Remedy of Review Petition and Curative Petition in Supreme Court must be scrapped for Rape Convicts awarded Death Penalty By the Supreme Court.

4. The Mercy Petitions To the @rashtrapatibhvn should be Decided by the President within 3 Months.
With the Above Mentioned Changes the Time Frame of 12- 14 years to Hang a Culprit shall come down to 1-2 years and The Fear of Death in 2 years would Deter any person to commit Rape..
I would Request People to Come Down on the Streets and Force the Govt. to Bring these Immediate Changes in the Law so that No More Nirbhaya's, Gudiya's or Other would have to wait for years to get Justice...

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