into a separate class and dealt with separately under an adhoc dispensation by
re-employing, if necessary, retired judicial officers and judicial staff.
The pendency of cases in each Criminal Court shouid be fed into and analysed
on computers. The progress in the disposal of cases is to be monitored on the
computer. Initially, a spread-sheet be prepared to indicate the different types of
criminal cases pending in the particular Court and the length of the pendency so
as to evolve appropriate bench-marks for fast track procedures.
3.42
In terms of changes in the substantive law, the Commission recommends that:
There be a process of progressive and massive decriminalisation of offences
now recognised and made culpable as penal offences. They should be treated
as merely actionable wrongs for which compensation and not punitive action is
Uw appropriate remedy.
The class of cornpoundaMe offences under the IPC and other laws should be
widened.
In the disposal of anears of criminal cases, experienced criminal lawyers be
requested to work as part-time Judges on a particular stipulated number of days
on the pattern of 'Recorders' and 'Assistant-Recorders' in the United Kingdom.
There is existing provision in the Criminal Procedure Code for honorary Judicial
Magistrates, which has not been imaginatively utilised or its potential realised
even in part.
The system of 'plea bargaining" be introduced on the pattern of recommendations
already made by the Law Commission of India.
Magistrates and Sessions Judges while remanding persons under trial to judicial
custody should clearly indicate in the very order of remand itself the terminus a
quay. In other word, the judicial remands should be self-limiting and should
indicate the date on which the under-trialprisoner would automatically be entitled
to go to bail in terms of the conditions prescribed by the Supreme Court.
There should be a comprehensivetraining package for programmes of training of
all judicial personnel and all Court administrators.
In the proportion of population-judge ratio, India is today amongst lowest in the
world; this needs to be rectified.