CIVIL LIBERTIES 1 31
the National Informatics Centre (NIC) so that there could be a more extensive use of
computerisation in the subordinate judiciary. As regards certain changes in the
substantive law that had been proposed by the Commission, the Government had
indicated in its Action Taken Report (ATR) for the year 1998-99 that the Law
Commission's recommendations in respect of amendments to the Cr.PC were under
consideration of the Government.
I
3.S4 In the absence of an Action Taken Report covering, the Annual Report of the
Commission for the period 1999-2000, the Commission is not aware of the further
progress, if any, made by the Government to implement the recommendations of the
Commission on this overall subject. The Commission must therefore reiterate its
earlier view that the Central Government completes the processing of the
recommendations of the Law Commission speedily and take steps to amend the Cr.PC
accordingly. The Commission also considers it necessary to restate some of its major
recommendations concerning the changes that are required in the substantive laws
since these have not as yet been effectively addressed by the authorities. These
recommendations are:
• There be a process of progressive and massive decriminalisation of offenses now
recognised and made culpable as penal offenses. They should be treated as
merely actionable wrongs for which compensation and not punitive action is
the appropriate remedy.
• The class of compoimdable offenses under the Indian Penal Code (IPC) and
other laws should be widened.
• In the disposal of arrears 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 an existing provision in the Criminal Procedure Code for honourary
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 the terminus a quo.
ANNUAL REPORT 2000-2001