Do Indian Procedural Laws Need a Change?

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Procedural refers to the machinery of court through which the Citizens avail the their rights and remedies prescribed in substantive laws. India has three major procedural laws that includes, Civil Procedure Code, Criminal Procedure Code and Indian Evidence Act. These Code give provisions for all the procedure which is need to be followed regarding,

  • Institution of Suits
  • Filing of Complaint, Written Statements, Plaint
  • Appearance of party, pleader or witnesses
  • Making of Arrest
  • Submission of Evidences
  • Many other procedural requirements

All these provisions define what the judiciary offers to the aggrieved party, and the steps necessary for justice to be served.

But, now the major drawback faced by these laws are that they were enacted in 19th Century and had already completed many years of their service, since these laws were enacted according to the needs of citizens in that period, therefore because of evolution, modernisation and other reasons they are proving to be a bit ineffective in current scenario.

Some Drawbacks in the Procedural Law

The procedural law were the need of the hour, necessary to govern Indian during and after the British Rule, but now Certain Shortcomings of these law which does not fit in the modern scenario includes:

  1. Code of Civil Procedure, 1908

The Code had proven to be very effective in granting remedies in the cases of civil judicature, but certain issues which came in notice includes, the Order XXXIII, Suits by Indigent Person, states that a person can sue or be sued as an Indigent person if he is not entitled to property worth Rs 1000. The limit of this 1000 should be raised because with the increase in globalization, the spike in economy and increasing unemployment the citizens under BPL category is increasing and there are people who owns land costing more than 1000 Rs but are still under BPL category.

Secondly, the provisions given for second appeal sates that a person can file a second appeal only if the decreed value exceeds 27000, but this evaluation rate does not to do justice to people from rural areas or developing areas.

  • Criminal Procedure Code, 1973

There certain punishments in Code which are not up to date and in a serious need of amendment.

Firstly, the issue arising in India is the delay of justice, this is not just a problem with Criminal Procedure but with most of the laws, the reality of Indian Judiciary is that it is overburdened, and it becomes much more of a serious problem when Cr. P. C is involved, because determining the date of trial based on judges prudence often lead to an accused being in prison for a longer duration of time, which leads to his defamation, mental harassment, loss of livelihood etc.

Conclusion

Thus, the procedural law in India needs to be amended, they were important when the law makers were laying the ground work for Indian Judiciary but, now the times are changed and amendments in procedural laws are must. The Government is already trying to take a step head in this direction by formulating a 2022 Bill, which will amend the provisions of Criminal Procedure namely, Indian Penal Code, Criminal Code and Evidence Act, and its high time for taking similar steps for Civil Procedure.

By

Paridhi Butola

B.B.A.L.L.B (IV Year)