NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

SUBJECT
CODE OF CRIMINAL PROCEDURE

TOPIC
REVIEWING THE COMMITTAL PROCEDURE IN INDIA—STREAMLINING THE
PROCESS

SEMESTER AND COURSE

4TH SEMESTER – B.A.LLB (2022-2027)

SUBMITTED BY
SUHANI SHARMA

(22BALLB100)

SULIPTA SURABHI

(22BALLB101)

SUBMITTED TO
PROF. MR. UDIT NARAIN MISHRA

(ASSISTANT PROFESSOR OF LAW)

1
 ACKNOWLEDGEMENT

I wish to extend my heartfelt thanks to all those who generously devoted their time and
shared their invaluable knowledge for this project. Your dedication and enthusiasm have not
gone unnoticed, and I am deeply indebted to each of you. My hope is that we all reap the
benefits of our collective effort equally.

A special word of appreciation goes to our subject teacher, Mr. Udit Narain Mishra, whose
extensive knowledge, profound understanding of the subject matter, and remarkable ability to
inspire, guide, and correct us were instrumental in the project's successful completion. His
mentorship surpassed my expectations, and I am genuinely grateful.

I also want to acknowledge the library department for providing the essential resources and
materials that made this project possible.

Throughout our educational journey, there were moments when the financial burden weighed
heavily on our loved ones. I want to express my deep gratitude to my family and fellow
students for their unwavering support and understanding during these times.

Last but not least, I extend my gratitude to all individuals who contributed to and supported
this project, helping us bring it to fruition.

2
 TABLE OF CONTENTS

ACKNOWLEDGEMENT.........................................................................................................2

ABSTRACT...............................................................................................................................4

INTRODUCTION......................................................................................................................5

RESEARCH OBJECTIVES......................................................................................................6

RESEARCH METHODOLOGY...............................................................................................7

LITERATURE REVIEW...........................................................................................................8

CONCEPTUALISATION OF THE RESEARCH OBJECTIVES..........................................12

I. TO ANALYZE THE EXISTING PROVISIONS OF THE CRPC (CRPC) RELATED TO THE

COMMITTAL PROCEDURE IN INDIA........................................................................................12

II. TO IDENTIFY THE KEY CHALLENGES AND INEFFICIENCIES IN THE CURRENT

COMMITTAL PROCEDURE UNDER THE CRPC........................................................................14

III. TO EXAMINE THE ACTUAL PRACTICE OF THE COMMITTAL PROCESS AND ENSURE

TRANSPARENCY AND ACCOUNTABILITY THEREIN................................................................16

IV. TO EXAMINE THE IMPLICATIONS OF DELAYS AND PROCEDURAL COMPLEXITIES IN

THE COMMITTAL PROCESS ON THE CRIMINAL JUSTICE SYSTEM, INCLUDING THE ACCUSED,

VICTIMS, AND THE OVERALL ADMINISTRATION OF JUSTICE.................................................18

CRITICAL ANALYSIS...........................................................................................................20

CONCLUSION........................................................................................................................22

SUGGESTIONS AND WAY FORWARD.............................................................................23

3
 ABSTRACT

Committal Process in India has been reformed through many precedents and further the
introduction of Bharatiya Nagarik Suraksha Sanhita (Hereinafter BNSS). There is an
immediate need to recognize, however, the lacunae in the criminal justice system which has
led to the existence of many problems while transferring the case for a committal. The paper
thus sheds light on reviewing the present committal process and making it more streamlined
and structured. This is being done to ensure hassle-free justice and autonomy to the parties
involved in a case. The authors have identified various aspects of our committal system
which has made it more complex.

The study of possible stakeholders and other impacted persons has been put on special
emphasis. Furthermore, the overall condition of the court personnel in dealing with the
parties over sudden committal requests is quite haphazard and needs renewal, The committal
process as governed by s. 209 and 323 of the CrPC analyses the need to transfer a case to a
higher court for trial purposes. However, the procedural complexities and delays within the
system have led to a hampered criminal justice framework. This paper therefore examines the
committal process within the Indian criminal justice system with a focus on streamlining
procedures for enhanced efficiency and effectiveness.

The authors have presented four major objectives focusing on the relevant s. of CrPC, key
challenges, and research problems. Impact on accused, victims, and witnesses and eventually
examining the transparency and accountability of the justice providers with an emphasis on
the magistrate and police’s powers. These objectives have been presented to identify the gaps
existing in the system and further provide innovative and reformative solutions by leveraging
technology and other capacity-building measures. Throughout the paper, the authors have not
only emphasized identifying the problem but also a proactive approach to finding solutions
by assessing the current legal framework, various case problems, and research scholars’
opinions. In this direction, The paper has presented valuable suggestions which include
procedural reforms, the use of AI and technology in the process, and ensuring no negative
impact on the parties involved.

4
 INTRODUCTION

The Indian criminal justice system involves various steps, one of which is the committal
procedure which in other words is the process by which a case is transferred from a lower
court to a higher court for trial under the provision of Code of Criminal procedure
(Hereinafter CrPC). Those rules directing this proceeding where the magistrate determines
the evidence presented, and decides if the offense in question is considered as being triable
before a higher court such as the Court of Session, are covered in Section (Hereinafter
s.).209 and 323 of the CrPC. The committal procedure serves as a safety measure to help
matters that require in attending the appropriate court get addressed.

The accused person, the victims, and the judicial branch of government as a whole can all be
affected considerably by the problems and complexity of the whole process itself. Delays in
committal procedure may lead to the accused being in pre-trial custody for a long time, which
might breach their right to a prompt trial, and which as a consequence tends to be very hard
on them. Besides, prolonged trial processes can intensify feelings of victimization and
helplessness among witnesses, which further destroy their trust in the judicial system. To
concretize, legal challenges, appeals, and the abuse or exploitation of parties due to
procedural irregularities and imprecision in the committal process might occur. Such
problems not only lead to more delays in the legal system but they also make the citizens to
perceive the whole system as unjust, unfair, and corrupted.

In cases of due process, protecting the rights of all the parties involved, and maintaining
public trust in the criminal justice system, these problems must be solved. In a bid to fortify
the probability and productivity of the commitment process, the comprehensive reforms that
would require include, but not limited to, the introduction of modernized technology,
streamline of the activities and the capacity building. This study focus on those complicated
facets of committal procedure, identify most vital points to facilitate the timely determination
of guilt, and probe for the appropriate solution to justice administration in India. It will
perform these functions through the analysis of the existing legal structure, devising case
studies and bringing contradictory views.

5
 RESEARCH OBJECTIVES

TO ANALYSE THE EXISTING PROVISIONS OF THE CRPC RELATED TO THE COMMITTAL

PROCEDURE IN INDIA

TO IDENTIFY THE KEY CHALLENGES AND INEFFICIENCIES IN THE CURRENT COMMITTAL

PROCEDURE UNDER THE CRPC.

TO EXAMINE THE ACTUAL PRACTICE OF THE COMMITTAL PROCESS AND ENSURE

TRANSPARENCY AND ACCOUNTABILITY THEREIN.

TO EXAMINE THE IMPLICATIONS OF DELAYS AND PROCEDURAL COMPLEXITIES IN THE

COMMITTAL PROCESS ON THE CRIMINAL JUSTICE SYSTEM, INCLUDING THE ACCUSED,

VICTIMS, AND THE OVERALL ADMINISTRATION OF JUSTICE.

6
 RESEARCH METHODOLOGY

The main aim of this study is to facilitate the procedure of committal in India. In this
research, a descriptive study design was employed. This enables inquiry and evaluation of
data from different sources of secondary sources, which makes it easy to build a general
image of committees. One could get a comprehensive idea of the present committal practice
in India by joining the reports of books, media articles, cases of court and research papers. By
doing that it shall be possible to identify the places that need improvement. The acquired data
will be analyzed by using methods of qualitative data analysis. In order to find the patterns,
parallels and disparities in the commit process, the data collected will be organized, coded
and categorized as part this study. Using these analytical techniques, it is possible to derive
specific measures to improve and accelerate the investigation procedure in India. Although
this study has certain limitations, it is important to still note them. As the resource utilizes the
secondary data, its accuracy and correctness are entirely reliant on the sources it chooses to
rely on. Besides, the outcomes of this inquiry could be affected by the bias inherent to the
writer's viewpoint that had already been in play. This limitation should be considered during
the analysis and the data interpretation.

7
 LITERATURE REVIEW

CRIMINAL JUSTICE SYSTEM — REQUIRED REFORMS -BY K. SREEDHAR RAO

To determine the necessary reforms' direction, this study critically examines the complexities
in the penal legislation known as reformation. To effectively manage crime, it may be
necessary to modify the procedural norms of the admission and reception of evidence. The
topics covered in this article are more broadly oriented towards establishing a framework for
public discussion aimed at achieving agreement and modifications to the criminal justice
system that are both acceptable and productive, if not completely crime-free

CRIMINAL JUSTICE DELIVERY SYSTEM IN INDIA: AN EXPLORATORY ANALYTICAL

OVERVIEW –BY AYMEN NAJM ABED1 & L. JAYA SREE

To improve the standing and status of crime victims, the researcher offered appropriate
recommendations in this study along with an analysis of several provisions in the current
criminal justice system. Understanding the principles of the Indian criminal justice system is
fundamental to identifying the barriers to providing victims with justice. As far as we are
aware, there are primarily two types of criminal justice systems in the world: inquisitorial and
ill-disposed, respectively.

RATTIRAM VS. UNION OF INDIA – METHODOLOGY FOR THE SPECIAL COURTS – BY

GARIMELLA SAI RAMANI

The contradiction in the legal interpretation of the process for referring a case to the special
courts is resolved by the ruling of the Supreme Court in Rattiram v. Union of India. The
significance of the POA Act regarding the standing of special courts and sessional courts
operating as special courts, as well as the process for committing matters to the courts, was
finally determined by the court. In a forward-looking ruling, the court held that non-
committal of the matter could not invalidate a special court trial or cause its judgment to be
overturned. Additionally, the court makes a strong declaration regarding the function of
committal procedures in criminal case trials.

CONCEPT OF COGNIZANCE UNDER CRIMINAL LAW BY BABLU KUMAR SHARMA

The purpose of the paper is to examine the meaning of cognizance, with an emphasis on how
it relates to the committal procedure described in the CrPC (CrPC). The 1973 CrPC does not
8
provide a clear definition for "taking of cognizance." Similar to the committal procedure, this
initiation involves the court using its judicial discretion to determine if there is enough
evidence to move on with the trial. This paper explores the meaning and application of
cognizance in the committal procedure, clarifying its constraints and the legal framework that
governs it. It also discusses the subject of high court involvement in cognizance-related civil
court situations, specifically about case committal.

POLICE REPORT VIS-À-VIS COURT’S POWER TO INCLUDE A PERSON AS AN ACCOUNT

NOT MENTIONED IN THE REPORT- A STUDY BY PROF (DR) MUKUND SARDA

In his work, Prof. (Dr.) Mukund Sarda examines the court's authority to admit as accused
parties those who were not initially listed in police reports during the committal procedure. It
highlights the need for impartial investigations and the fine line that must be drawn between
procedural justice and judicial discretion. The research examines scholarly discourse,
statutes, and legal precedents, focusing on significant instances such as Mohd. Abdul Gani
Mir v. State of Maharashtra (2021) and State of Maharashtra v. Abdul Hamid Haji Mohamed
(2009). Sarda's research contributes significantly to our comprehension of the committal
process and its consequences for court cases by providing insightful analysis of this facet of
criminal procedural law.

AN APOLOGY FOR COMMITTAL PROCEEDINGS BY TRIJUGI NARAIN SAPRU

The paper "An Apology for Committal Proceedings" by Trijugi Narain Sapru highlights the
relevance of committal proceedings in legal system, with particular emphasis on the role they
play in the truth and justice. It goes into detail about how magistrates create indictments,
interrogate witnesses, and order suspected persons to be tried. The paper explores
constitutional consequences associated with basic rights and directive principles of the
constitution in the context of commitment hearings. It covers how the suspect is going to be
handled, the examinations to be done, and the type of the sentence to be meted out. The
author stresses the right of the accused to supply a witness list and the Magistrates' ability to
issue summonses to witnesses. However, there are limits to this paper wherein it does not
have data about committal proceedings in India and the specific effect of abolition of
committal procedures on expediting Sessions cases. What is more, it does not fully address
the effectiveness of committal proceedings, disclosing truth and justice in the Indian judicial
system.

9
 THE ENFORCEMENT OF FINES THE PROCESS FROM SENTENCE TO COMMITTAL BY
RICHARD F. SPARKS (CAMBRIDGE)

This literature on committal trials in India emphasizes that these laid down processes are
there to avoid miscarriage of justice. Nevertheless, their accuracy and equity have been a
point of contention. The enactments of protocols and legal frameworks like the Mental Health
Act are meant to uphold the patient's rights and to empower them too. On the other side,
however, committal proceedings in all cases have been questioned on the grounds of need
and efficiency. Generally, there is a necessary for additional studies and reforms to avoid
violation of the individual rights and freedoms.

PENDENCY IN THE INDIAN CRIMINAL PROCESS: A CREATURE OF CRISIS OR FLAWED

DESIGN? BY ABHINAV SEKHRI

This research on the case backlog in the Indian trial courts demonstrates that although several
policies were introduced to remedy the shortage of staff and working conditions, pending
cases is still an on-going problem. The author wants to emphasize the fact that it is time for
certain design flaws in the Indian criminal justice system through which delay justice
processes are caused, are addressed. According to literature, one of possible steps should be
the audit of the system’s organization in order to put in place activities aimed at shortening
case pendency. These will include inspecting and appraising criminal and judicial codes,
analyzing the performance of judges and addressing the huge number of vacancies which
exists. The authors presented significant figures like putting more burden on judges' work or
government spending on judiciary as the only measures. Yet those are individually
meaningless. Eliminating the causes of the faults in the system’s construction needs to be
addressed if dealing with the issue of the trial delays is to be achieved. Nevertheless, the
paper provides no concrete information on the extent of pending cases in trial courts
nationwide, and it does not conduct an elaborate study of whether or not plea-bargaining is
the right adoption in case backlog.

DELAY IN PROCESS, DENIAL OF JUSTICE: THE JURISPRUDENCE AND EMPIRICS OF

SPEEDY TRIALS IN COMPARATIVE PERSPECTIVE BY JAYANTH K. KRISHNAN AND C. RAJ
KUMAR

10
This piece of literature review outlines the present situation of the Indian criminal justice
system concentrating on the problems of delaying the trial and overcrowded jails. The review
says about the drastic situation in India and the development of the concept of speedy trial
during the time of judiciary history in India and finally gives evaluation on whether positive
judiciary orders have resulted in any change. On the other hand, the study has certain
limitations, which should be considered. The most common causes of prison overcrowding in
India are delays in trials, and it is not uncommon for individuals to wait for a decade or
longer before they are convicted or released on bail. Speedy trial has been recognized by the
Indian Supreme Court as a fundamental right but is indeed a very gulf between what is stated
in the judgment and actual scenario for the accused in the court. But taking into consideration
that the Indian criminal justice system is quite complicated, more research and investigations
are needed to reach an all-encompassing comprehension of the system as well as its potential
solutions

11
 CONCEPTUALISATION OF THE RESEARCH OBJECTIVES

I. TO ANALYZE THE EXISTING PROVISIONS OF THE CRPC (CRPC) RELATED TO THE

COMMITTAL PROCEDURE IN INDIA

The committal process under the CrPC is defined as the process by which the lower
magistrate either transfers the trial or post-trial proceeding to the higher courts as sessions
court for punishment. This generally occurs when the court trying the case lacks jurisdiction
in either dealing with the case at hand or even granting a particular punishment for the
accused. Significantly, two sections of CrPC deal with the committal process. s.209 read with
s.323 deals with the magistrate’s power to commit a case. This s. lays down that whenever, in
the opinion of the magistrate an offense seems to have been triable only by the sessions court,
he i.e., the magistrate has the power to transfer the case to the sessions court in accordance
with the s.207 or 208 whichever is suitable for the case at hand.

For s.207 to be applicable, the case has to emerge from the filing of FIR or any kind of Police
report. This requires the need to supply copies of such reports to the accused free. Whenever
any case is established by any other means such as suo motu cognizance of the courts or any
complaint case, s.208 comes into light. 1This s. necessitates providing accused, a particular set
of copies including evidences and his statements, free of cost and without any delays.2

Moreover, there are several provisions which provides for the process which has to be
followed meanwhile the request for committal is pending. These including sending the
accused to police custody, transferring all case records, evidences, witnesses’ statements and
informing the prosecuting party about such committal. By requiring an independent
assessment of the facts rather than a strict reliance on police reports, S.209 gives Magistrates
the authority to decide whether a matter is triable by the Court of Session. 3 In contrast, S.323

1
Code of criminal procedure 1973, s.208.
2
Singh RK, ‘Pre-Charge Evidence in Committal of Complaint Cases to Court of Session’ (latestlaws.com, 28
April 2020) <https://www.latestlaws.com/articles/pre-charge-evidence-in-committal-of-complaint-cases-to-
court-of-session> accessed 11 March 2024.
3
Code of criminal procedure 1973, s.209.

12
applies to commitment made during continuing proceedings if it is determined, independent
of prior rulings, that the case ought to be tried by the Court of Session. 4 In short, s.209 refers
to pre cognizance committal of a case to the court of sessions while s.323 refers to the
committal during post-cognizance of a case. 5

As per the ruling in Raj Kishore Prasad v. State of Bihar,6 the CrPC of 1973 states that the
court is not at the trial stage nor the inquiry stage when proceeding under s.209 of the code. It
cannot be regarded as an inquiry stage even when s. 207 and 209 of the CrPC, are followed
because there is no judicial application of mind. The Magistrate's only responsibility is to get
the matter ready for the Court of Sessions to hear.

In Sanjay Gandhi vs. Union of India,7 the Supreme Court held that a committing Magistrate
lacks power to discharge the accused or take oral evidence in cases exclusively triable by the
Court of Session. The Magistrate cannot assess prima facie case but can only work by Indian
Penal code. However, if police reports contain fabricated facts for serious offenses, the Court
of Session may discharge the accused. Thus, under s.209, the committing Magistrate cannot
summon new offenders alongside the accused. Although there is no recognition upon
committal, the session court is unable to conduct a direct investigation into the case.

According to the Dharam Pal and others v. State of Haryana,8 magistrates process police
report regardless of trial jurisdiction, and only Sessions Judges are required to take
cognizance of session-triable offences following committal. s.207 or 208 must be followed in
order for s.209 to be committed, and the accused must be present. Magistrates may only
summon someone under s.204/205 if they have already been made aware of the
offences.9Sessions Judges are not permitted under s.193 to reexamine offences that
magistrates have already handled under s.190 and that are required for committal under
S.209.10 Dharam Pal's assertion that Sessions Judges have sole authority over offences that
are subject to a session trial is therefore unclear.11

4
Code of criminal procedure 1973, s.323.
5
18 J and others, ‘Committal of the Case: Section 209 & Section 323 CRPC [Case Laws]’ (DTLegal.in, 7
January 2024) <https://dtlegal.in/committal-of-case1/> accessed 11 March 2024.
6
Raj Kishore Prasad v. State of Bihar, AIR 1996 SC 1931.
7
Sanjay Gandhi vs. Union of India, AIR 1978 SC 514.
8
Dharam Pal and others v. State of Haryana, [2016] 4 SCC 160.
9
Code of criminal procedure 1973, s.204, s.205.
10
Code of criminal procedure 1973, s.190, s.193.
11
Aruckkeene A, ‘Committal Hearings in the Court of Protection – Publicity and Complexity’ (Court of
Protection Handbook, 21 July 2023) <https://courtofprotectionhandbook.com/2023/07/21/committal-hearings-
in-the-court-of-protection-publicity-and-complexity/> accessed 11 March 2024.

13
 The court in Kishun Singh v. State of Bihar, 12 examined whether a Sessions Judge might use
s.319 to summon people who were not listed in the police report without taking any evidence.
According to the court's decision, the Sessions Judge was still able to summon people based
on the available evidence, even though s.319 could not be used. It is not allowed that any
additional defendants could be added from the point of committal to the point where the case
reached the sessions court as held in Ranjit Singh v. State of Punjab. 13

Time-bound procedures are however now introduced for the commitment of cases that are
exclusively triable by the Sessions court under s.232 of the BNSS. 14 Proceedings must be
finished within 90 days of the Magistrate taking cognizance, with a 180-day extension
available if necessary. To ensure smooth legal proceedings, the Sessions court must receive
the applications submitted by the accused or victim to the magistrate simultaneously with the
case committal. Furthermore, the accused must file an application for release under S.250 of
the BNSS,15 which is equivalent to S.227 of the CrPC, 16 within 60 days of being committed to
a Sessions trial.17

II. TO IDENTIFY THE KEY CHALLENGES AND INEFFICIENCIES IN THE CURRENT COMMITTAL

PROCEDURE UNDER THE CRPC.

KEY CHALLENGES

The conditional mandate of the criminal procedure in India (s.209 & s.323) in which the transfer
of the criminal case goes from the subordinate court or tribunal to the superior appeals court or
tribunal for the trial is the pivotal component in the judicial criminal system. It is on the same
line with the trial process, hence, is a very important factor in guaranteeing the fairness and the
effectiveness. Nevertheless, it is these challenges that can both hamper and add to its
performance when it comes to the issues of justice and equity. Some of the challenges include:

1. Slowness of the pre-trial proceedings results in unnecessary delay and unlawful detention
without a formal conviction disregarding the right to expedited trial making it a human
rights violation. The whole process that includes procedural complexities, backlog of cases
and resource constraint can lead to delays which in turn will lead to prolonged pre-trial

12
Kishun Singh v. State of Bihar, [1993] 2 SCC 16/
13
Ranjit Singh v. State of Punjab, 1959 AIR 843.
14
Bhartiya Nagarik Suraksha Sanhita 2023, s.232.
15
Bhartiya Nagarik Suraksha Sanhita 2023, s.250.
16
Code of Criminal procedure 1974, s.227.
17
Gulati S and others, ‘News Details’ (Nishith Desai Associates Navigating Through Criminal Law Reforms:
Part II - Review of Bhartiya Nagarik Suraksha Sanhita, 2023, replacing the Code of Criminal Procedure, 1973,
January 2024) <https://www.nishithdesai.com/NewsDetails/14897> accessed 11 March 2024.

14
 detention of the accused individuals as well as the victims such that their uncertainty will
go on for long as they will have to wait for the matter to be completed in the court.
2. Another complication might be a case of the improper use of pre-trial procedure for
personal gain or revenge to falsely accuse rivals.
3. Furthermore, another possible factor could be related to deficiencies in the evidence and
documentation procedures, which might bring into the committal processes the data that is
not necessary, as well as the untrustworthy evidence.
4. Another significant issue encountered in pre-trial procedures is the need to carefully vet
the evidence provided during this stage to decide if there’s sufficient evidence to warrant a
hearing. This creates a situation where testimonies of witnesses, evidence forensics, and
which other information are carefully evaluated to set up a prima facie case.
5. Additionally, taking into consideration due processes of the suspects when there is an
application of the committal of a case is vital. To this end factors include making sure that
legal aid is rendered, that by no means people couldn’t be forced or duress done during the
gathering of evidence, and that everything be done according to the law.
6. Another key reason for this can be lack of legal clarity. Lack of particular proceedings on
committal in the CrPC has been a source of uncertainty on whether the committal has
adverse legal consequences and the alternative to it.
7. The police may sometimes use the committal process to harass accused persons or
intimidate them into confessing, particularly in cases where there is not strong evidence.
8. The technicality and the appeals processes ie the committal process are by nature tedious
because of the legal procedures which are strictly followed. Failure to follow these
nuances may result in prolonged dispute resolution and a challenge to be influenced by the
courts of law, which justifies the need for revision.
9. Another domain which affects the aspirations of people is the attention that criminal cases
draw. On some occasions, cases receive broad attention which gets new witnesses who
may bring forth important legal evidence either for the prosecution or the defence side.
Additionally, getting publicity might be a bad thing for the case as they have the content to
raise issues of unfairness. A judicial view of the evidence is, therefore, likely to achieve
results like, the jury may believe the nature and strength of the argument against the
suspect strongly, and may understand how the magistrate views the case.
10. Commitment and Modernization needs therefore it is a length of tedious processes that
signify a novel methodology of moderation, proper regulations and quality training for the
officers for the improvement of efficiency and justice in the criminal justice system.
15
 11. There may be insufficient specialization, therefore the magistrates who hear such cases
may deal with a broad spectrum which could be a problem to their competency in the
handling of complex committal hearings.

To undertake all these tasks the country requires a comprehensive approach that consists of
reforms in the process leading to committal, training of other legal professionals and provision
adequate resources to ensure that the system is efficient and effective.

CASES

1. The case of Rattiram & Ors vs State of M.P. Tr. Insp. of Police (2012), on the other hand,
does reveal the value of appropriate sentencing and a tried-and-true process of commitment
in order to achieve both fairness and efficiency in the criminal justice system. The utter
absence of formal committal in India under CrPC begged for discussion and worries since it
might give rise to legal fuzziness in addition to delays in the expeditious dispensation of
justice that in turn may bring human rights into question.
2. The case of Dr. Jai Shanker (Lunatic) vs. State of Himachal Pradesh (1972), sets
forth the necessity for justice through legal proceedings and the need for an organized
system for commitment for people with mental disorders to make sure that there is
fairness within the criminal justice system. The strong correlation between the flaws
and the inefficiencies in the criminal justice system, as mentioned in different sources,
underscores the challenges and the problems of providing timely justice and
addressing human rights issues.
3. The case of Shantaben Bhurabhai Bhuriya vs Anand Athabhai Chaudhari (2021),
brings in changes in the criminal proceedings and the lawful policies which in turn
insist on the importance of fair prosecution, keeping up with due process steps of law,
and interpreting applicable laws. The documentation involves serious talk about the
meaning of an offense committed by virtue of an act and the powers of special courts
criminal prosecution.

III. TO EXAMINE THE ACTUAL PRACTICE OF THE COMMITTAL PROCESS AND ENSURE

TRANSPARENCY AND ACCOUNTABILITY THEREIN.

Committal process is a step-bound hearing procedure having both advantages and its
disadvantages. Commencing right from filing of the case to committal mention and hearings

16
which includes the transfer from magistrate to the court of sessions. This process involves
complex dynamic of the formalities which has to be met under various s. of CrPC as discussed
previously. The process needs to be reviewed at each step to eliminate the humiliation of the
parties involved, misuse of the criminal system and to provide timely justice in an efficient
manner.

The actual committal process is generally inefficient while weeding out the weak cases.
Magistrate, without his application of mind tends to transfer the proceedings to a higher court
at Police’s request. This has a severe impact on the parties and the transparency of the process.
Some of the issues involve non-disclosure of important documents while transferring the case
to a higher court, harming one side of the party, impact on the witnesses such as unnecessary
double cross examination during the committal hearings, presence of mandatory statutory
disclosure etc.18 It is to be noted that the tendency of the committal process to repeat all the
proceedings as in the magistrate’s court compromise on several aspects including the reliability
of the evidences taken repetitively as witnesses tend to get frustrated and back out from the
court hearings. This leads to extra cost and unnecessary delay in the cases.19

There are few challenges which arises in the committal procedure. One of the key challenges is
the witnesses changing his statement under s.164 during post cognizance committal of the
case. This allows the court having jurisdictions to cross examine such witnesses on the
statements made by them originally. This provision, however has been misused by the
authorities to humiliate and tamper with the witnesses leading to harm on the social justice and
equality. Similarly, while notifying the public prosecuting, it sometimes becomes difficult for
the parties to move towards the committal process in light of possibility of tampering
documents, evidences etc during the process. 20 Although they are not required, hand-up
committals are common in Queensland. Children who testify in person are no longer required
to do so, and the Evidence Act of 1977 has been amended to exempt them from doing so. 21 It is
not possible to cross-examine a child's evidence that has already been pre-recorded unless they

18
Malimath J, ‘Committee on Reforms of Criminal Justice System’ (www.mha.gov.in, March 2003)
<https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf> accessed 11 March 2024.
19
Sara Sundaram HJ, ‘Ensuring Transparency: The Imperative of Mandatory Furnishing of Written Grounds of
Arrest by the Enforcement Directorate’ (Dispute Resolution Blog, 5 March 2024)
<https://disputeresolution.cyrilamarchandblogs.com/2024/01/ensuring-transparency-the-imperative-of-
mandatory-furnishing-of-written-grounds-of-arrest-by-the-enforcement-directorate-2/> accessed 11 March
2024.
20
Krishnan, Jayanth K. and Kumar, C. Raj, "Delay in Process, Denial of Justice: The Jurisprudence and
Empirics of Speedy Trials in Comparative Perspective" (2011). Articles by Maurer Faculty. Paper 155.
21
Evidence Act, 1977.

17
 pass a rigorous examination like mine. This if applicable in India could have a better outcome
in protecting witness’s rights and ensuring a transparent process. 22

Furthermore, AI techniques such as Natural language processing can ensure successful

prosecution by using predictability and tools of likelihood to assess the initial merits of the
committal case. This ensures streamlining atleast the initial step of committal hearings.
Streamlined Document Processing can also be ensured by filings, pleadings, and evidence
submissions connected to a case can all be processed automatically by AI-powered document
management systems.23

AI can facilitate electronic filing, guarantee the quality and integrity of case data, and
categorise and organise documents by using optical character recognition (OCR) and document
classification algorithms. Over time, AI systems' accuracy and efficacy can be enhanced by
continuously learning from and adapting to user comments and case results. AI can improve
the dependability and efficiency of committal procedures by implementing feedback loops and
iterative changes, which will ultimately lead to more accountability and transparency in the
judicial system Therefore, there is a need to figure out ways to ensure accountability and
transparency in the committal process while also streamlining the process.

IV. TO EXAMINE THE IMPLICATIONS OF DELAYS AND PROCEDURAL COMPLEXITIES IN THE

COMMITTAL PROCESS ON THE CRIMINAL JUSTICE SYSTEM, INCLUDING THE ACCUSED,

VICTIMS, AND THE OVERALL ADMINISTRATION OF JUSTICE.

There are several stakeholders such as the accused, the victims, and the administration of
justice that may face various difficulties in delaying and technicalities in the committal
process, with implications like: There are several stakeholders such as the accused, the victims,
and the administration of justice that may face various difficulties in delaying and
technicalities in the committal process, with implications like:

1. Extended pretrial custody can have a profound effect on the accused and have a number of
possible outcomes:

a) Initially, as the front stage of the process, the right of the accused to be tried promptly may
be violated if it takes too long and there are delays. Moreover, it could be seen as betrayal and
it could be hard for them to look for a job further in life.
22
Saimelainen P, ‘Understanding Committal Hearings’ (Crime and Justice Bulletin, December 1992)
<https://www.ojp.gov/pdffiles1/Digitization/141419NCJRS.pdf> accessed 11 March 2024.
23
Rao Sreedhar, ‘Criminal Justice System — Required Reforms’, Journal of the Indian Law Institute, Vol. 43,
No. 2, pp. 155-173.

18
b) Nevertheless, the family and an accused's support network could also suffer the detrimental
effects during the unpredictable and prolonged legal process because of possible tiring and
draining. By undergoing such extreme events, the participant’s overall wellbeing and mental
health might be significantly affected hereof.

c) And last, but not least, is the accepted yet, may not be trivial, that the accused is often blind
to justice by being deprived information and having a fairly-prepared defense. They become
half-victims as they miss the privilege of the presumption of the innocence and may face a
miscarriage of justice. It creates physically obliteration of evidence, and so the accused most
probably cannot able to demonstrate his capacity to be innocent.

2. When proceedings are too delayed, it can have a serious effect on the witnesses and victims
too:

a) Prolonged judicial action maybe quite exhausting for trauma and victims and they might
experience the annoying discomfort for longer time periods. Along with this, it also causes
them great misery and it becomes even harder for them to make their peace and find comfort.
It is important to provide support systems such as therapy and counselling in order to help
them during the difficult times they may be given. Providing these documents to witnesses and
victims among the people with the aim of enhancing their mental health can be one avenue for
their recovery.

b) The notion that the facts related to the events tend to fade or become doubtful with time also
needs to be taken into consideration. This could disrupt the way testifying witnesses'
statements are viewed, jeopardizing the handling of cases. However, the theorem that memory
fades over time is difficult to deal with. Therefore, it is very important to conduct the
interviews with the victims and the eye witnesses in the near time thereafter in order to record
the events in the minds and in the memories of the other people shortly after those events
happen. Technology tends to help to have a correct record of the exposition and to prevent the
memory characters might be distorted in their minds.

c) Long courtroom waiting times can undermine the trust of these people into the moral order
that is enforced by our justice system. The most important starting point in this case is
transparency and communication if you want to prevent the distrust which may arise because
of the system. Sense of trust and confidence in victims and witness may be maintained by
means of regular reporting on the status of the case, providing them reasons for any delays and

19
keeping them updated. Besides that, some steps need to be undertaken to accelerate the judicial
system and ensure every case is processed effectively and immediately.

3. Delays in the committal process have an effect on the administration of justice in general
and on accused, victims, and witnesses:

a) Consequently, the committal procedure delays cause a massive case backlog, putting
unsustainable strain on the overall resources off courts or the criminal justice system. The
decision of implementation of computerization, technical innovation in case management
systems and other systems is of necessity to resolve this problem and enhance the timelines.
Also, in an attempt to limit the backlog and ensure that cases are processed in good time,
additional judges and court staff ought to be recruited and equipped with the requisite skills for
the job.

b) The long and drawn-out court process, in addition to increased expenses for the accused's
imprisonment, court operations, and legal counsel will further aggravate the situation.
Fastening the committal process and limiting the length of pretrial custodies while all of the
above-mentioned complications if present, will contribute to the regular reduction of these
financial obligations. Such measures will encompass placing the zones of alternative dispute
resolution processes, support plea deals agreements, and improvement in the judicial
management system.

c) Public confidence in the impartiality, effectiveness, and efficiency of the criminal justice
system can slowly diminish through prolonged trials and complex procedural requirements. As
the main linkage between the residents and the city's management, the system has to have
accountability, openness, and communication. They are the keys to restoring and then
maintaining the public trust. This can be achieved by offering regular feedback on the status of
cases, explaining clearly what is true while doing drastic reforms of such mistakes or even
inefficiencies if found.

d) Procedural hassles and adjournments could lead to slip errors that are seen as a cause of
wrong acquittals or convictions. Placing the happenings of the accused, victims and witnesses
as top priorities for doing away with shades of injustice would be vital. This can be done by the
help of providing them with the right information so that people are well guided in the legal
counsel. Another way maybe to carry out an in-depth investigation and then putting in place
the legal protection to prevent pressured or false confessions.

20
 CRITICAL ANALYSIS

In the Indian criminal justice system, the committal procedure, which is referred to in s.s 209
and 323 of the CrPC act is among the very vital activities in the court of law. Through such a
mechanism, the court is able to second the matters that deserve much attention before the
Court of Sessions and other superior courts. As the process of bringing justice, this law, do,
however, have some difficulties and inadequacy that are reflected on the victims, the accused
and the justice system as a whole.

A delay is one of a number of the major problems in connection with committal proceedings.
The lengthy court procedures that lead to trial detainment might violate the inherent right of
the accused to a speedy trial through continuously keeping them under pre-trial detention. The
principles of due process and a fair trial are undermined in these circumstances, and they end
up spending too much on their legal defence, which is a hardship to them and their loved ones.
Bearing this in mind, prolonged judicial proceedings may intensify psychological distress that
witnesses and victims experience and stir distrust on behalf of them towards the legal system
therefore, making it harder for them to close the chapter.

The obligations growth is very complex due to the necessity of dealing with ambiguous and
complicated steps of the application processes. Without finding defined policies and uniform
processes there may be chances of disputes, legal petitions and accuse of abuse or exploitation
by those participating in the process. It is even worse; the issues also lead to more
adjournments, which exacerbate the skepticism regarding the impartiality, inclusiveness, and
honesty in the entire legal system.

Ascertaining that the rights of the accused are fulfilled within the committal process of the case
is yet another big challenge. This implies that people are accorded an opportunity to seek legal
assistance, that when evidence is being collected, there is no fear of being threatened or
manipulated into giving false evidence, and that there is protection against any behavior by the
people that may compromise the process. Breaching the basic rights of the citizens can cause
the public to lose trust in the criminal justice system, which will result in the administration of
injustices.

Transforming the committal system will require a comprehensive and multi-dimensional

approach to deal with the challenges. One way to tackle this problem might be to make the
process more straightforward by using electronic case management systems, e-filing, and video

21
conferencing for hearings with the help of new technologies. This route will expedite the case
processing, relieve administrative burdens and facilitate participation even from a distance.

Stricter rules on adjournments and the implementation of case management procedures which
will keep track of and enforce time lines will also help to avoid delays and the timely disposal
of cases. Furthermore, this should involve making sure the lawyers actively involved in the
commitment process also improve in capability and performance. Prosecutors, defense
attorneys, and magistrates can all benefit from specialized training courses, which can increase
their understanding of procedural law and equip them with necessary toolkits.

Another approach is research on alternative conflict resolution methods or diversionary

programs for particular circumstances. This approach will not only reduce the burden on the
criminal justice system but also will reduce case backlogs and fasten the process of cases that
are fit for other alternatives. In addition to that, the amendments to the committal process
should be made only after they carefully balance the preservation of the legal system's
integrity, the legal rights of the accused, and the interests of the witnesses and victims.

It is essential to put measures in place that would prevent any negative consequences as well as
the risk of misuse of the fast-tracked legal processes. At the same time, it is important to bear
in mind that a reform program should not be limited to just the detention procedures. In order
to ensure the successful execution and long- term effect of any changes, a thorough strategy
targeting the bigger structural issues associated with the criminal justice system which may
range from a lack of infrastructure, resource limitations, and shortage of legal knowledge and
training should be put in place.

CONCLUSION

Conclusively, the paper has thoroughly delved into the lacunae of the committal process
under the CrPC. The authors have extensively focused on the actual occurring challenges,
inefficacies, and the necessity to bring reforms. The paper thus shed light on Reviewing the
present committal process and making it more streamlined and structured. This was done to
ensure hassle-free justice and autonomy to the parties involved in a case. The Magistrate’s
role as a primary stakeholder involved has been highlighted along with the need to avoid a
miscarriage of justice at his hands. Throughout the course of this study, the authors have
navigated their path through challenges such as delays, impact on innocent witnesses and
their humiliation, unnecessary procedural ambiguities, and the level of misuse of the
committal procedure by the law authorities. Each step of the committal process, right from

22
the transfer procedure to the trial in a higher court has been highlighted and reviewed to
ensure streamlining of the overall procedure.

The objectives of the paper align not only on addressing the inefficiencies in the committal
procedure but also elucidating on the possible up-to-date reformations such as leveraging AI
and technological advancements and institutional reforms based on International Models.
Consequently, the introduction of BNSS and a few reforms have been analyzed. The authors
have also underlined the importance of extensive reform initiatives that go beyond the
committal procedure. Their advocacy has involved tackling structural concerns that exist
within the criminal justice system, including but not limited to infrastructure deficiencies,
resource limits, and gaps in legal expertise and training. To guarantee the effective execution
and long-term sustainability of measures meant to enhance the committal process, a more
comprehensive strategy is required.

The paper has examined how important it is to protect the rights of all those engaged in the
committal procedure, such as the accused, victims, and witnesses. The need to guarantee
access to legal counsel, avoid coercion or duress during the gathering of evidence, and protect
against any unfair practices that would jeopardize the process's integrity have all been
emphasized. To summarise, this article has carried out an extensive analysis of the Indian
committal mechanism, emphasizing its shortcomings, obstacles, and the pressing need for
reform. In order to promote a more equal and effective administration of justice in the
country, the authors have stressed on the significance of improving the committal process'
efficacy, accountability, and transparency.

SUGGESTIONS AND WAY FORWARD

Simplify the Test for Committal: The committal procedure is made to determine whether
the allegations made is backed by the evidence submitted. What we can achieve by close
cooperation between magistrates and the Director of Public Prosecutions (DPP) is the
optimization of this routine. An expert may opine for the DPP that investigations are further
needed if the evidence is not enough. The court system can work more effectively and
efficiently when the process is put on course so the magistrates should not be the persons who
will only see to that.

Early Application for Permanent Stay: Remedial order for a permanent stay of
proceedings should still find its place where there is an exceptional situation, such as where
the defect in the proceedings will not be rectified by the judge of trial. It could work better if

23
this authority could be applied to terminate unjust commitments. One of the benefits of this
power is the saving of our time and money by proactively arranging against evident biases in
the trials which might lead to the results that aren’t fair due to administrative flaws. The
equitable and fair judicial system can be achieved only with wise discretion employed by
using this power.

Training and Guidance for Magistrates-The legal system relies extensively on magistrates,
therefore it becomes important to ensure they are well trained and given the correct
instructions. There are a lot of ways that could be used to make sure they understand the
intimation test and are able to make the correct decision as a result. These activities involve
regular training sessions to ensure that relevant knowledge is not lost and any new laws or
cases are disseminated in timely manner, provision of access to legal materials so as there is
reference and chances are given to less experienced judges to be mentored by senior judges
whose valuable knowledge can be put into practice.

Accountability for Delays-We propose a mechanism of holding the Police and Prosecution
accountable by each department as well as the courts of justice advocating for prompt
operations. Such as introduce a monitoring system, set definitive deadlines, measure
employee results, and help build a collaborative and communicative workplace. Therefore,
our strategy aims to alleviate the immense load and improvise the court's efficiency.

Introduction of AI-induced Prediction system– This can be useful is aiding judiciary in

making a predictive analysis of the success rates of the committal proceedings by examining
historical trends. This is based on various US and European Models and can be incorporated
well in India.

Introduction of AI-induced case management system– In order to decrease the inefficacy

of the committal process, These systems automate tasks such as case monitoring, document
handling, and scheduling, thereby mitigating delays and minimizing complexities and
ambiguities within the committal system.

Quick disposal of committal cases and adjournments- In order to minimize the defects at
the initial stage of the committal process, the early dismissal of frivolous cases is necessary.
This can be done by training Magistrates to carry out preliminary hearings so as to establish
prima facie evidence and assess the merits of the case prior to the case trial. The provision for
penalties and rigid controls shall be introduced for any unreasonable delays by either of the
parties to expedite the already complex committal process.

24
Organisation and analysis of the documents- Using AI-powered document skimming tools
can generate organized case-associated documents. This includes measures like Natural
Language Processing (NLP) and adaptation of international models such as Lexis Nexis from
the USA to examine transferred documents. The minimization of unnecessary delays and lack
of transparency also demands standardizing the submission of the documents when
transferring the case for committal for a speedy and just trial.

Protecting parties’ interests- Maintaining the integrity of the committal process requires
stringent adherence to procedural standards guiding the interrogation of suspects and
witnesses, as well as enforcing measures to avoid coercion or pressure during the evidence-
collection process. The use of autonomous oversight and assessment systems for evidence-
gathering protocols guarantees conformity to legal norms and forestalls possible abuse of
power by law enforcement entities.

Streamlining documentation transfer–Clear procedures and timetables are required for the
transfer of case records between the court, prosecuting attorneys, and investigative agencies
in order to prevent delays caused by administrative inefficiencies. Efficient record transfer
can be facilitated by implementing electronic transfer techniques and central document
repositories, which will shorten administrative delays.

Conclusively, Reformation of the Indian committal process under s.s 209 and 323 of CrPC
necessitates a multidimensional approach to finding solutions which includes, adaptation of
international models, harnessing AI and machine learning, training systems and streamlining
of documentation.

25