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EFFECTS OF PANDEMIC ON THE WORKING OF CRIMINAL LAW.
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EFFECTS OF PANDEMIC
ON THE WORKING OF CRIMINAL
LAW.
AUTHORED BY - SHREYA SHARMA.
On March 11,
2020, the world as we knew it was irrevocably
changed. On this day in 2020,
the World Health Organization (WHO) proclaimed a pandemic of the COVID-19
infection and urged governments worldwide "to take prompt
and vigorous action" to stop the disease's spread. Many governments responded
by declaring a state of emergency,
closing their borders, and taking other measures
to limit citizen-to-citizen communication. The whole scenario of this pandemic
had impacted the life and limb of our system of Criminal
Law across different nations.
The
pandemic was responsible for the rise in certain crimes whereas reduction of
other crimes as well which we will talk about in this paper. With
crime comes the procedure for dealing with every crime that has been committed and the skeleton of this framework was altered
by the use of technology which is in use even today as it has now become a part of the system. To that end, federal and state
officials are creating a number of protocols
and enacting a wide range of policies. On March 25, 2020, the Indian government
instituted a nationwide lockdown that would last for 55 days in an effort to
reduce the spread of the illness.
Since actual hearings and regular
court hearings in the congregational style
were not possible during the Covid lockdown, video conferencing became
the primary method of communication for the courts. The district courts have
heard 1,68,47,529 cases since Covid
shutdown began, while the High Court has handled 76,62,243 cases (totalling
2.45 cr) up until November 30, 2022, utilizing just video
conferencing. This is a huge acceptance in the nation of India and it continues to be so.
Lockdowns
in several countries due to a
global epidemic have disrupted all aspects
of life for a time that is
still unknown. Distancing oneself from others
socially has become the most effective tool for controlling the spread of this extremely
contagious virus. On the other
hand, numerous businesses around the world have been radically altered
as a result of these socially detached instructions.
Pandemic
as we all recall has caused a series of drastic changes in different sectors of
the world wherein the scale of criminal activities falls in the same domain
which changes the whole face of our criminal law and its working. A person's daily activities have stopped
because of the unprecedented health
threat posed by the COVID-19.
A nationwide lockdown was
declared to ensure isolation. The Indian judiciary, like any other institution,
has discovered a way to adapt to a changing environment, and one such adaptation is the use of virtual hearings to enable
access to justice. The preposition of virtual hearing
has happened in the case of
Praful Desai, 2003 as a virtual hearing was considered enough to comply with
Section 273 of CrPC. However, this process took a new turn during the pandemic
and became the only means to
justice in India.
Criminal Justice
System and the Pandemic
The
systematic impact of the drastic
changes brought about by Covid-19 is
obvious and significant, but it has not yet been completely recognised. Legal aid was not considered mandatory during the lockdown, therefore
only a few of "virtual" courts
were allowed to function. Access to legal counsel, bail, or a competent investigation
became nearly impossible since virtual courts only took
on "urgent" situations that had not been clearly defined. Lawyer
and family visits to prisons were also
restricted because of the outbreak.
Back in 2020, In a
letter to the judge of India's Supreme Court, the Bar Council of India requested that, beginning June 1, all courts in the country resume holding physical hearings. The council
said that "95 percent
of lawyers and advocates were unfamiliar with technology;
few lawyers had access to virtual courts; and the fraternity was briefless or without jobs." Even
after the implementation of virtual conferencing, the internet and connectivity
issues took place which led to neither proper functioning of the courts nor the
bail petitions could proceed. There were almost 36 million cases and this virus
had created a further backlog in our justice system.
In the United Kingdom
it was noted by their
Chief Inspectors that large amounts
of changes were made at every
step of their system. There
were not less than 53,000 cases that were left unheard and rest were scheduled for 2022. Chief Inspector
of Probation Justin Russel said: “This backlog concerns us all and has a
negative impact on victims, witnesses, prosecutors and defendants''. Ultimately
it led to hoarding of cases,
although cases were being piled up still. It was one of the worst backlogs
faced by different countries across the world.
While we consider
the status of some northern
states of India, for instance, Haryana, there were
no FIRs registered in the stations, it was really
hard to believe that not even a
single complaint could make it up to the records. District
administration used to provide instructions to the police regarding the
necessary actions to be undertaken by the police of their local areas. These
actions involved prevention of those shops which are not related to ration or
medics. The Deputy Commissioner instructed the SHOs for the same and
considering the timings which were fixed to purchase vegetables every day was
7 a.m. to 9 a.m. in the morning, after the allotted timings the local police
of those areas would keep a check for
shutting down those shops and prevent
the public gatherings altogether. Since this used to
take place on a daily basis,
more police officers were on the field work rather than the police stations because no one would come
and report any kind of problem in the
station anyway.
Another aspect
that took place during the pandemic was granting of bail
became easier.
Criminals
who were sick or have committed peripheral crimes were granted bail to prevent
the spread of corona in the
jails. This was a concern
due to the overcrowded prisons. Prison is "mainly for punishing convicts, not for keeping
undertrials," the Delhi High Court stated during a hearing on a case
related to the religious riots in India's capital in February. A disturbance that resulted in one death
and more than a dozen injuries
took place on March 21 in Dumdum Central Prison in Kolkata, in
eastern India, four days before India declared its lockdown.
Inmates reportedly expressed displeasure with the administration's decision to postpone
court proceedings and cancel meetings with family in order to prevent
the further spread of COVID-19. For heavy crimes like Murder, Rape, Dacoity etc., the provision of sending the
culprits behind bars were undisturbed but for other complaints regarding theft,
imprisoning was avoided.
According
to the High Court of Karnataka, For the next month, the Court has ordered that
any eviction, dispossession, and demolition orders issued by the Supreme
Court, the District Court, and the Civil Court be
put on hold. With regards to the criminal justice system, the Court has ordered
that any bail or anticipatory set to expire during
the lockdown period will be
automatically prolonged for one month.
Criminal Activities during the COVID-19
Pandemic
As a result of people staying indoors more often, crime rates
have dropped significantly over the world. The most dramatic reduction in crime occurred
in Delhi and Karnataka, where a 21-day internment or lockdown was imposed and
crime rates dropped by half. Analysts caution
that during the lockdown time, cases of cybercrime and domestic
violence may have increased and many may not
have been reported, even as crimes like theft, murder, and rape have decreased. In 2020, there will be only one-third as many crimes as there were in 2019,
when there were 3,416. Compared to the previous year, when there were 144
allegations of molestation against women, there have been 72 so far in the year
of 2020. Kidnappings fell from 259 to
150, and thefts from 110 to 53, both at a significant
rate of reduction. Down from
2,021 to 1,244 were motor vehicle thefts. The increased citywide security
measures are having an effect. The rate has also been lowered through the tried and true methods of securing
the city's borders. Since acquiring drones, the Delhi Police have been able to
monitor even the most minute of movements,
allowing them to crack down on any and all irregularities. A food courier
was recently the victim of a robbery.
Most perpetrators of such actions are found to be well-educated
individuals with previously spotless records. When questioned by authorities, they admitted that they were unemployed and struggling to make ends meet.
Domestic
Violence:
Domestic
violence rose rapidly during the strike of pandemic. 1 in every 3 women was abused under domestic
violence. At the outset of
the lockdown, the NCW had
received 257 reports of crimes committed against women. Of these, 69 were related to domestic violence. The majority of reported
incidents of domestic violence (DV)
during lockdown occurred in Punjab, as stated by the NCW president,
and all other incidents were reported via email.
There
may be more occurrences because nobody can
use lockdown. According to the
special women's support bench, substance
abuse and alcoholism are major factors in the development of cases of physical and
mental torture committed by wives and relatives. The present is important, but
one's mental condition is also quite influential. The psychological toll of
domestic violence is often underestimated, but it may be just as devastating as the physical harm it does. It causes
tremendous heartbreak, terrifying dreams, and new societal norms. Domestic abuse and child
molestation can become more common as people stay home to avoid spreading the
COVID-19 virus.
Economic
Crimes:
Approximately
85–115 million people globally are currently experiencing extreme poverty and
unemployment as a result of the COVID-19 pandemic, with projections indicating
that this figure could reach 150 million by 2021, marking the first increase in
extreme poverty cases worldwide in two decades. A study examining crime rates across
different phases of the COVID-19 lockdown in Bihar, an area
with the lowest police-to-population ratio in the country, found a rise in
economically motivated crimes in regions designated as red zones, likely due to widespread job losses and business closures.
Instances of fraud include impersonation of public
officials, phishing schemes to obtain financial or personal data,
fraudulent fundraising for supposed
COVID-19 relief efforts,
and fraudulent investment schemes in companies claiming
to have developed a cure for the virus. Criminal organizations are taking
advantage of the shortage of medical supplies by distributing counterfeit
products, such as masks and hand
sanitizers, posing a health risk to residents
of Indian cities.
Cybercrime:
Many people have spent the majority of their time online during the lockdown,
leading to a doubling of cybercrime.
The proliferation of remote work has resulted in an increase in the collection of sensitive company information from private houses that lack the same level of security as those found in conventional workplaces. The World
Health Organization has issued a cyber security warning about scammers
pretending to be WHO employees.
Authorities
have also noted an increase in cybercrime since the start of the pandemic.
There have been 400 documented examples of criminal activity in Maharashtra, all of which include
perpetrators who employed online hate speech to give a communal slant to the
outbreak.
Cybercriminals who are
set on stealing your money have created phony websites that look like those of popular
stores and home delivery services, in the hopes that you will make a purchase
from them. There has also been an
increase in financial fraud as a result of cybercriminals frightening victims with bogus reactivations of existing debit and
credit cards, online bookings, free coronavirus testing, and
international job offers when lockdown limitations were lifted. Authorities
have reported an increase in incidents of "sextortion" throughout the epidemic,
in which cybercriminals alter women's
images in order to blackmail them. Government agencies have
encouraged the public to be wary of suspicious emails and texts and to report
incidents of online fraud, cyberattacks, and extortion to authorities in
complete trust. There are multiple
cyber-crimes conducted on social media platforms as well which included hacking
and the crime of voyeurism.
Counterfeiting and Fraud:
There
have also been reports of fraud and counterfeiting associated with the COVID-19
epidemic. India's police have issued a ban on thousands
of counterfeit N95 masks, raided establishments selling expensive masks
and hand sanitizer, and brought charges against people who hoard protective
gear. Issues will be taken up by India's highest court, the Supreme Court.
On March 23,
2020, the Supreme Court of India utilized its inherent powers under Articles
141 and 142 of the Constitution of India to extend the deadline for filing
petitions, applications, suits, appeals, and all other proceedings before all Courts, Tribunals, and authorities across the country
from March 15, 2020.
This extension will persist
until further orders are issued.
Consequently, the period from March
15, 2020, and the time preceding such orders will be excluded for the purposes
of limitation.
Terrorist Activities:
In April,
Delhi police officers in India received an advice warning
of an individualist strike or
"stabbing, gunfire, or hitting by automobiles" by ISIL on police personnel in the field. Sixty-
four terrorists were killed during 27 counterterrorism operations carried out
by Indian security forces in Jammu
& Kashmir between January and May of 2020. Eighteen of them perished in
India during the COVID-19 quarantine. Five para commandos from the Indian Army were slain
by terrorists in the first week of May. In his final audio
message, released in 2020,
Hizb-ul-Mujahideen commander Riyaz Naikoo advised his supporters to heed the
advice of health specialists amid the COVID-19
pandemic. A short time later, he met his end.
The Indian Judiciary has been seriously
hampered by COVID-19. Since the lockdown was enacted in the
month of March, the normal operation of the
Indian courts has not resumed.
Although courthouses in India were only able
to function at a quarter of their capacity, several precautions were made to ensure that the delivery of justice would continue unabated
despite the epidemic. By using their authority granted to them in Section 144
of the Code of Criminal Procedure,
district magistrates all over the state have enacted curfews (CrPC). The
Supreme Court of India issued its decision for a nationwide lockdown and the
exclusive consideration of essential matters on March 26,
2019, and this directive
was communicated to all lower courts. The Supreme Court's
message, then, was that the courts are not paralyzed and can continue to fulfil their constitutional responsibilities.
Even if the lockdown is at an all-time high,
courts are continuing to work at full speed in
order to deal with newly filed
suits and other newly added matters.
Advantages and Disadvantages to the Legal Culture.
Challenges
·
Litigation's once-proud status as the champion of
dispute settlement appears to be eroding as the world embraces socially
distancing methods. 17 The traditional court proceedings in India have been
postponed or relocated to the online Virtual Courtroom system. The virus may be
contributing to the substantial backlogs in the Indian judicial system. The
delay of hearings is just one problem affecting the judicial system, however.
Movement restrictions across the country are also complicating the routine of
collecting evidence and questioning witnesses.
·
Several legitimate concerns have been raised by
advocates and parties as a result of the transition to virtual hearings as a
means of delivering justice in the courtroom. A lot of people are worried about
their privacy and safety with the new video conferencing system. In addition,
numerous judicial officials and parties have experienced technical
difficulties, which has impacted the delivery of justice. In addition, in many
cases in India, junior lawyers will stand behind their older lawyers and help
them argue. Lawyers in this case are having a difficult time coordinating their
efforts due to the new virtual hearing procedure.
·
When the travel bans persist and nations struggle to
recover, the effects of coronavirus could also lead to the closure of many
arbitral seats.
·
Finally, the transition to a digitized court system
may expand the use of artificial intelligence in the justice system. Because of
the AI's inherent biases and incomprehensible structure, this could slow down
the judicial process.
Advantages
·
The Indian Legal System has executed
and protected our historic custom — Justice, at all Cost, Always! — by modernizing the legal system
in the face of an unprecedented
global crisis by embracing technology.
·
The
administration of justice has been unimpeded even in these exceptional times
because of advancements in information technology. In order to mitigate the
worldwide pandemic's effects, the Indian legal sector is increasingly reliant
on IT- enabled online systems
and communication capabilities. Virtual technologies in the
national legal system are thriving, despite the difficulties of the new system.
·
Because the pandemic will have lasting
effects, virtual hearings will undoubtedly increase. The widespread
implementation and adoption
of Internet Dispute Resolution could be a watershed
moment in the history of India's judicial system. To top it
all off, the internet's
extraordinary reach in the modern day means everyone can have their day in court while
also having their health concerns
addressed.
·
Due
to the virus, evidence gathering and dissemination will undergo significant changes. Electronic filing is encouraged by the courts, and paper documents are expected to play a less
role in stopping the spread of the virus.
As a result, paper waste, a major contributor to India's pollution
problem, would decrease.
The unique access granted to the mainstream press is also encouraging widespread coverage of virtually every
case and its resolution. All of these indicate that the legal system in India
will be updated in the near future. The Indian legal system will undergo
significant transformation as a result of the pandemic.
Technology, A way Forward.
Justice is something which can
be delayed but never denied, and here is what
happened, due to COVID-19 pandemic, when it was almost impossible to serve
people with their judicial rights, the concept of Virtual Hearings came into the picture. Reminded of the Praful Desai verdict, in which it was ruled that
a virtual presence met the
requirements of Section 273 of the Criminal Procedure Code, so this is not the first time that technology has been
used to aid in court proceedings. It's a nod to the ever-evolving
requirements of modern life. Hearing of urgent matters via video conferencing
via video desktop/application was stated in a March 23, 2020 circular from the
honourable Supreme Court.
In circumstances when the witness was
unable to attend court proceedings, video conferencing has been used.
For example, in Alcatel
India Ltd v Koshika
Telecom Ltd &
ors [2004], the court
permitted the witness to give evidence through video conference since the
witness was ill.
The High Court of Calcutta stated in Amitabh Bagchi that a court should have a practical perspective while enabling electronic video conferencing since
it is a cost-effective option
and prevents delays in the administration of justice.
The
Bombay High Court granted the plaintiff's request in Liverpool and London Steamship
Protection and Indemnity Association Ltd v. MV "Sea Success I" &
Anor [2005] to depose via
video conference because the witness
was residing in the UK with her two young children and was unable to travel to
India.
Cases can now be filed electronically
and Court costs and fines can be paid online, both of which are steps towards greater
efficiency. The statute of limitations was extended
thanks to the Supreme Court's use of its discretionary authority under Articles 142 and 143. As a result
of the current shutdown, Indian courts have taken
a course of action they would
have avoided under regular
circumstances. Denial of justice can result if people are prevented from
accessing the courts while the country is on lockdown. The reception of virtual
proceedings in India has been varied. Whilst there are supporters of the decision,
its implementation has not been without its share of bumps. It's also true that
not every matter can be settled in an online
setting, but having even some options
is preferable to having none at all. The Supreme
Court ruled in Santhini v. Vijaya Venketesh
3 that video conference evidence is not acceptable in matrimonial proceedings.
For there to be a chance of an emotional connection, both parties must be present in court. The settlement process may be hampered by the unavailability of either side.
Advantages of Virtual
Courts:
·
As a result, no one will have to show up to court (along with their
lawyers) in person. Having the
option to appear in court proceedings virtually from anywhere in the world can
help reduce anxiety about going to court for the first time.
·
Due
to the elimination of unnecessary travel
expenses, this method of litigation will save both time and money. It will be
more convenient for attorneys to appear in multiple courts the same day, saving them time and money.
There will be an increase in effectiveness and output.
·
Online apps provide access to case status updates.
Recording court proceedings will increase transparency and provide a permanent record for future
reference. Judicial deliberation will benefit from judges being able to quickly
and easily extract data contained in a database.
·
When cases
are resolved rapidly,
society receives justice
more quickly, and the
judicial system has less strain.
·
Lack of courtroom space would no longer be an impediment to enforcing the law. It will be simple to exchange information
between courts as well.
·
Considering the current
health issue, virus control may be ensured
through virtual hearings, and
the online system would help in reducing the paper waste that is widespread in
the physical court system.
Disadvantages of Virtual
Hearings:
·
Not everyone is confident in their ability
to navigate the complexities of doing things online. BCI reports that 90% of
attorneys are technologically illiterate. Those who should be its primary
proponents have doubts
about whether or not virtual
courts will be easily
accessible to them.
·
Virtual hearings have some drawbacks, including
limited resources and a lack of infrastructure. In recent months, it
has been increasingly frequent
for video and/or audio streams to experience unexpected interruptions or
become garbled.
·
The judge and
defence attorney can get a better sense
of the individual being questioned if they can see them in
person. The appearance, body language, and attitude of
witnesses or defendants might shed light on their character, which in turn can affect
the outcome of the case. In
contrast to the traditional courtroom, all of these nonverbal
indications will be lost in an online setting.
·
Because they have never had the opportunity to
become acquainted with the online
method, the lack of well-equipped staff makes managing the electronic records a
challenge and an unnecessary extra strain. To the contrary
of what is necessary, this causes courthouse deficiency.
·
Maintaining online
safety is a top priority.
Information that is easily accessible online is more likely to be hacked, and if the wrong hands get a
hold of it, it might be used for illicit purposes.
To eliminate these problems, courts
just need to take a few measures to enhance the system through training for court workers. The goal of
developing a cyber system is to ensure the protection of data while also creating a technology that really is simple and accessible to the widest potential audience.
The fundamental requirement
for carrying this process
further into the future is the upgrading of infrastructure. Increased digital literacy within
the judiciary and legal
profession. Due to this severe breakdown of Covid-19, the filing of FIRs also
started taking place online. Although filing an FIR is an essential process for the criminal justice to act
in motion and it is generally filed in Police Stations or by calling the Helpline Numbers (e.g 100 in
Delhi) and now you can log on to online websites (for eg- https://www.delhipolice.nic.in/ in
Delhi) and place your omplaint.
There are other states as well where such provision has been
given such as Uttar Pradesh, Haryana, Rajasthan, Maharashtra, Madhya Pradesh,
Bihar etc.
Video conferencing proceedings will adhere to all relevant statutory provisions governing
judicial proceedings, including those outlined
in the CPC, CrPC, Contempt of Courts Act, 1971, Indian Evidence Act, 1872, and
Information Technology Act, 2000.
The Chief Justice of India has
emphasized the irreversibility of these changes, urging everyone to embrace and adapt to them. It is
imperative for the legal system
to evolve with the times rather than remain static.
Both higher and lower courts have implemented precautions to address the
challenges posed by the shutdown. In response to the Covid-19 pandemic,
numerous High Courts have committed to hearing urgent applications and
extending interim orders. Similarly, courts in various countries have devised
strategies to tackle the crisis. Video conferencing is now primarily used for urgent hearings, while electronic
filing systems handle
other matters. Given
the success of international arbitration conducted via video conferencing, it should be feasible to establish a framework for similar
success in India.
Bharat VC, an Indian-developed video
conferencing app, has been shortlisted for the "Atma Nirbhar App Challenge" and is undergoing testing as a standard video
conferencing platform. Each
court complex, including taluk level courts,
has received one video conferencing equipment, with additional funding approved
for equipment in 14,443 courtrooms. Funds have also been allocated for the
installation of 2506 VC Cabins and the purchase of 1500 more VC licenses.
Currently, there are 1272 jails and 3240 court buildings equipped with video conferencing amenities. Additionally, 1732 Document Visualizers will be purchased for a total of Rs. 7.60 crore.
Here is some data to analyse the current progress of Virtual Hearing in India:
Numerous organizations,
including Indian Tribunals
and Courts, have shifted to virtual and online platforms due to the global
epidemic that began in early 2020. The Video Conferencing Regulations
streamline procedures for using video conferencing in Indian courts. Embracing
electronic filing and video conference hearings even after normal court
operations resume and the lockdown ends will enhance the legal system. All stakeholders, including personnel, the
Bar, and the Bench, stand to benefit from this
transition as they become familiar with the process,
allowing us to identify and address any shortcomings.
While video conferencing offers numerous advantages, its effective implementation requires significant investment in training, discipline, and
infrastructure—a task that demands collective efforts from all involved in the
country's judicial administration system. The Department of Justice suggested moving some cases, such as those involving traffic citations and
check fraud, to virtual courts. A hybrid
model can be used to digitize manual procedures (including the filing of a plaint and the issuance of summonses)
in cases involving the interpretation of the law, facts, and the cross-examination of a
large variety of witnesses, and the hearings can be placed
in actual courtrooms. Moreover, summary trials, conciliation hearings, and
arbitration hearings may all be conducted in virtual courts.
When no significant action has been taken in this area for so many years,
it is difficult to adjust to an entirely novel
approach. The only prerequisite
is to keep both systems in balance. It will be more complicated in the short term, but if used in a planned and staged manner, it
will produce positive results. To bolster its roots, coordination and effort
should be made. All attorneys and judges must make sure
they are properly taught and equipped to participate in this
significant transition.
All that is going on in the
world makes it seem as though these changes will last for a very long time.
While it is evident that virtual courts cannot
completely replace actual courts,
they will stabilize the judicial system and eventually allow the two to work together. Virtual
courts offered some possibility of maintaining the wheels
of justice turning when the doors of actual
courts were closed. The Indian legal system still needs improvement, therefore
establishing permanent e-courts is undoubtedly a wise move given the current situation.
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Article Information
EFFECTS OF PANDEMIC ON THE WORKING OF CRIMINAL LAW.
Authors: SHREYA SHARMA.
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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