New Delhi, Aug 10: In a radical bid to check the problem of witnesses turning hostile and to improve the criminal justice system, the union government is considering at the "highest level" a proposal to amend the law making it mandatory recording of statement of accused and witnesses by a magistrate in heinous crimes.
The government is also considering a proposal to introduce "plea bargaining" to reduce huge arrears of cases.
The proposal for amending the law is based on recommendations dealing with issues relating to hostile witnesses, lying on affidavit (perjury), to allow compounding
of minor offences and allow plea bargaining in criminal cases other than heinous offences, home ministry sources told a news agency.
It envisages insertion of a new section 164a in the criminal procedure code under which the police officer investigating any offence punishable with death penalty or
imprisonment of seven years or more has to produce "all
persons whose statement appears to him to be material and
essential for investigation of the case, to the nearest
magistrate, for recording of their statement."
The magistrate would record the statement of the witness
of the accused after ascertaining whether it was being given
under threat or made voluntarily, the proposal envisaged.
After recording of the statement, the magistrate would
forward it to the magistrate who was presiding over the trial
of the case.
Bureau Report
