Some Reform Proposal to Ensure Justice in the Criminal Justice System

Mohammed Rashed : Ensuring justice in the criminal justice system requires not only robust laws but also safeguards against their misuse. In recent years, concerns over false cases, delayed trials, and biased investigations have undermined public confidence in the legal process. To address these systemic issues, a set of legal reforms is proposed with the aim of enhancing accountability, protecting the rights of both victims and the accused, and promoting efficiency in the administration of justice. The following provisions are designed to strike a balance between effective law enforcement and the preservation of individual liberties.

Provision Against Filing False or Malicious Criminal Cases

A specific provision should be inserted in both the Penal Code and CrPC to address false or malicious cases. The proposed language is as follows:

Whoever, whether a police officer, public servant, or any individual, files or initiates a false criminal case, or falsely implicates an innocent person in a true case, shall be punished with imprisonment for a term not less than one (1) year and up to five (5) years, and a fine not less than Tk. 1,00,000 and up to Tk. 10,00,000.

Explanation:

• Filing a false General Diary (GD) with mala fide intent shall be treated as filing a false case.

• If an FIR or complaint is found false after investigation, and no protest petition (Naraji) is filed, or if such protest is dismissed or the case is discharged and upheld in appeal, it shall be deemed a false case.

Mandatory Affidavit with FIRs or Complaints

All FIRs lodged at police stations or complaints filed before magistrates must be accompanied by a sworn affidavit declaring:

• That the allegations are true to the best knowledge of the complainant.

• That no innocent person has been intentionally implicated.

• That the complainant accepts legal consequences if the case is later found to be false or malicious.

No FIR or complaint shall be refused solely for lack of prima facie evidence, once the affidavit is provided.

Involvement of Legal Professionals in Investigations

Courts should be empowered to appoint qualified advocates or public prosecutors as independent inquiry officers or commissioners, especially in cases where police neutrality is questioned. Their remuneration shall be equivalent to that of a civil court commissioner.

Punishment for False Reports by Public Officials

A new provision should penalize the deliberate falsification of official reports:

Any police officer, medical professional, or public servant who knowingly prepares and submits a false charge sheet, medical report, forensic report, or any court-mandated document shall be punished with imprisonment of one (1) to five (5) years, and a fine of Tk. 1,00,000 to Tk. 10,00,000. Upon conviction, the officer shall be dismissed from service.

Legal Recognition of Digital Evidence

If digital evidence (CCTV, audio, video, images) is submitted with an affidavit verifying authenticity, and the court is satisfied after examination, conviction or acquittal may be based solely on such evidence. No further corroboration shall be mandatory unless the court requires it in the interest of justice.

Section 325 of Penal Code to be Declared Non-Bailable

Section 325 (Voluntarily causing grievous hurt) should be made non-bailable due to its serious nature and impact on victims.

Clarification on Use of Weapons in Classifying Offences

Clarify classification under Sections 323–326:

• Use of any instrument or weapon (stick, rod, poison, stone, firearm, animal, etc.) shall attract Sections 324 or 326.

• Absence of instruments shall fall under Sections 323 or 325, depending on the nature of hurt.

Enhanced Punishment & Victim Compensation Structure

Recovery of Fine: Such fines shall be recoverable as a decree of debt, and the court may order the fine to be paid as compensation to the victim or his families.

Note: Where multiple accused are involved, the court may impose fines jointly or individually.

Timeline for Criminal Trials

It is strongly proposed that all criminal trials must be completed within one (1) year from commencement. Failure to do so without valid cause shall be considered a performance failure of the presiding judge and public prosecutor, warranting departmental proceedings.

Conclusion

These proposed reforms are not merely administrative adjustments—they are essential steps toward restoring faith in the criminal justice system. By deterring malicious prosecutions, promoting timely trials, ensuring the integrity of evidence, and strengthening the rights of victims, these changes can help create a more just, transparent, and accountable legal framework. Implementing these measures will serve the greater public interest and reaffirm the judiciary’s role as a guardian of justice and due process.

Writer : Advocate, Bangladesh Supreme Court And District & Sessions Judge Court, Cox’s Bazar.