10 months ago
Ex-CJI Lalit Calls Criminal Justice System 'Most Neglected'
A former top judge in India, U.U. Lalit, said that the way our country handles criminal cases is like the most forgotten part of the government.
He noticed that not enough police officers have good training or tools.
He also thinks the police should be split into two groups: one that investigates crimes and another that keeps the peace.
This is because right now, the same people often do both jobs, which isn't ideal for finding out the truth.
He pointed out that very few people who are put on trial are actually found guilty, meaning many innocent people might be dragged through the courts.
He worries that laws can sometimes be misused, and he wants to make sure that innocent people aren't wrongly accused or put through a tough legal process.
He believes that fixing these problems is important so that everyone is treated fairly and justice is served properly.
Former CJI U.U. Lalit stated the administration of criminal justice is the most neglected area in government.
He called for separating police investigative wings from law and order duties.
Lalit expressed concern over the low conviction rate, citing that approximately 20% of criminal cases result in conviction.
He highlighted that about four out of five undertrials are eventually acquitted, suggesting innocent people are being prosecuted.
The former CJI suggested implementing safety valves to prevent misuse of laws and protect innocent individuals from false accusations.
- Who
- Former Chief Justice of India U.U. Lalit
- What
- Stated that the administration of criminal justice is the most neglected sphere in the government, highlighting low conviction rates, potential misuse of laws, and suggesting reforms.
- Where
- At a conference organized by the Ekam Nyaay Foundation.
- When
- Sunday (as reported in the article, specific date implied to be near November 16, 2025, based on publication date)
- Why
- To voice concern over the state of criminal justice in India, advocate for reforms, and prevent the prosecution of innocent individuals.
Ex-CJI U.U. Lalit's View
Current System's Implications
Separation of Police Duties
Ex-CJI U.U. Lalit's View
Advocates for separating the investigative wing of the police from those handling law and order to ensure specialized focus and prevent conflicts of interest.
Current System's Implications
The current system often sees the same police officers doubling as investigators and law and order personnel, potentially compromising the integrity of investigations.
Witness Statement Recording
Ex-CJI U.U. Lalit's View
Suggests magistrates recording witness statements early on, ideally under oath, to ensure reliability and prevent later recantation.
Current System's Implications
The current practice of recording unsigned police statements (Section 161 CrPC) often leads to witnesses changing their testimony during trials, undermining justice.
Conviction Rates and Acquittals
Ex-CJI U.U. Lalit's View
Highlights the low conviction rate (around 20% overall, less than 5% in certain cases like 498A) and the high number of undertrials (4 out of 5) who are eventually acquitted, indicating potential systemic flaws.
Current System's Implications
A significant percentage of individuals are arrested and prosecuted, only to be later discharged or found not guilty, raising concerns about the arbitrary use of power and the impact on innocent lives.
Misuse of Laws and False Accusations
Ex-CJI U.U. Lalit's View
Proposes mechanisms like a presiding officer making a finding of false accusation during the trial and punishing accusers to deter malicious prosecutions, especially in cases involving relationships turning sour or alleged false promises.
Current System's Implications
Innocent individuals, particularly men in relationship disputes, can be subjected to lengthy legal battles and arrests based on accusations that may be false or exaggerated, leading to significant personal hardship.
Key facts
- Speaker
- Former Chief Justice of India U.U. Lalit
- Event
- Conference organized by the Ekam Nyaay Foundation
- Main Concern
- Administration of criminal justice is the most neglected sphere.
- Proposed Reform
- Separation of investigative police wing from law and order duties.
- Current Conviction Rate
- Around 20% in criminal matters; less than 5% in cases like 498A.
- Undertrial Situation
- Four out of five undertrials are eventually acquitted.
- Legal Reference
- Prakash Singh case (2006) for police reforms, Section 161 CrPC, Bharatiya Nagarik Suraksha Sanhita (BNSS).
Quotes
U.U. Lalit
Former Chief Justice of India
“10 years of running after that so-called mice, and finally, it turns out that it was not a mouse, but it was a rabbit. Now, where does society stand? So, therefore, do we not, or should we not, insulate our system in such a way that perhaps innocent rabbits are not run after and given a chase for life, and at the end of that chase, they are left a sort of huffing and panting”
thehindubusinessline.com
“Maybe our system must be such that if there is a false accusation, then the charge of false or malicious prosecution should not be left for a second kind of trial to be undertaken after the conclusion of the first one, but a finding could be recorded by the presiding officer of the court that this is a false accusation”
thehindubusinessline.com