Report No. 37

V. General questions which need consideration before particular sections are considered

I had expressed the view that it is not by tinkering amendments of particular sections of the Code of Criminal Procedure that the ideals which had been laid down by the

Government when the Law Commission was appointed or the manner in which reform in procedure can be effected, can be fully implemented. For a proper and satisfactory criminal administration topics which require serious considerations are

(i) the type of men who should be in-charge of administration of criminal justice.

(ii) The terms and conditions under which the persons responsible should be holding their appointments.

(iii) Can the investigation and enquiry as in force be made more rational so as to reduce harassment of innocent persons and expedite bringing to justice persons really accused of commission of such offence.

(iv) How far and to what extent the method of trial can be modified or reformed keeping in view the trust of the general public in the judiciary and if possible, reducing the number of appeals after ensuring that the Original trial is more satisfactory, expeditious and less expensive as at present.

One cannot overlook the fact that the higher appointments which are made on the executive and administrative side are after All-India competitive examination where the best intellect may be represented. The terms and conditions, of such services are more attractive than what can be or offered to the State Judicial Service. It is common knowledge, for all those who are intimately connected with the judicial administration in the States are aware of the fact that because of such comparatively lower grades of pay and other terms of appointments, very few are attracted who have attained high academic attainments and are of high intellectual calibre.

During the last few years, appointments of Munsifs had been very difficult in Bengal because of paucity of very competent candidates. Mere separation of executive from judiciary will be of little assistance or ensure improvement unless the terms and conditions of service are brought at par with those for the Executive and Administrative side.

Persons are also not attracted to the State Judicial Service because those who go in for the Executive Branch have chances of promotions in diverse departments of administration which one joins the Judicial Service cannot have.

As regards the improvement of investigation, there is the possibility of improvement if we turn our eyes to the procedure which is in vogue in the "Continental System".-keeping in view, no doubt, always that we must not divert from the Rule of Law.

As the Report does not deal with the latter sections and Schedules of the Code, it is not necessary to refer to the method of trial now in vogue and the various provisions for Appeals and Revisions.

Reference need be made to the observations as appearing in the 14th Report that sufficient time had not elapsed at that stage in 1962 after the various amendments of 1955 had been introduced. The Commission had not at that stage considered "revision of the Code in toto". The position is, however, altogether different in 1967 when we are revising the Code in its entirety and with the wider terms of reference for introducing such changes as are deemed necessary and appropriate.

Conclusion

In view of the very short time available, it is not possible for me at this stage to deal exhaustively with all the points that arise or with the different sections.

Sd/-
(Rama Prasad Mookerjee).