KIIT School of Law, Bhubaneswar organized a course on criminal law on 18th Mar, 2018 and the topic was “Criminal justice Reforms in India”. It was being presided over by Prof. B.B. Pande (Chair Professor- N.L.U Delhi).
- First of all the learned professor spoke about the polarities of Criminal Justice.They are as follows:-
- Normative View-According to this vies the criminal law of the land is supposed to be good and the criminals and the crime is supposed to be bad.The criminal should be punished as soon as possible.The fallacy associated with this view is that the accused doesn’t get a chance of gaining hope and reform himself for the future.According to the learned Professor a criminal justice system should be such that it regenerates hope in the mind of criminal and helps him to reform himself.
- Criminal Law as a power Resource:- This view holds that criminal law can be used to deliberately suppress crime in the society. Example being the abolition of triple talaq and penal sanction against it.He suggested that that law should also be made to abolish marital rape of child wife as well as adult wife.
- In the second fold of the discussion he discussed about the criminal justice reforms in contemporary Indian society. These reforms may be of following types:-
- Progressive Reforms.-Reforms which bring you in line to the conventions which you have signed and in line with different international obligations as well.Examples are The P.O.C.S.O Act 2013, Criminal Law Amendment Act, 2013, Criminalization of social boycott in Maharashtra, Decriminalization of Section 309 of I.P.C.
- Regressive reforms:-These reforms are meant to purify the existing procedure of criminal justice system. under this reform following cases were discussed:-(2008)2 SCC 1; (2014)8 SCC 273 and (2014)8 SCC 682.
- Subversive Reforms:-these reforms are meant to build a kind of institution. the famous case of Narayan Swamy was discussed (2016).He talked about the benifits given to the clergy following the English Common law.