Wednesday, July 8, 2020
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Judicial & police reforms: The need of the hour

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manukshhttp://www.meart.in
I am a fine artist & an author based in New Delhi.
 

Complaining is what we as public have always learned to do and asking questions about society’s problems and not solutions has become en vogue. Today as a member of the same complaining & questioning society, I take it as my social responsibility to suggest a few points which may be deemed as part of a long due system overhaul.

The suggestions to our Police and Judicial reforms are as follow:
FIR has to be lodged directly with the judiciary via an All India Police ERP system, connected as a mobile application with the public at large connecting all courts and police stations pan Bharat.
FIR can be lodged online, in any police station or on the mobile app portal which connects the public to the system. This mobile app will have the facility to video and audio record the complaint as an encrypted safe transcript. Aadhaar link will deem it as legally & digitally signed.

The online app will immediately notify the FIR to the concerned police station, Police SHO, DCP office till DIG of the state police.

The AI based system will itself allocate the FIR to the concerned investigation officer and the on record file with progress report filters will be a public document, open to public scrutiny, comments and suggestions.

All investigation officers will work and report on an online investigation system, a common platform having a dedicated system based menu and sub menus. The system which will have a committed step by step time set procedure for the investigation officer to follow, report and automatically progress to generate a digital police investigation report for the courts. The system will have Bharat’s entire legal data and police records. The AI generated report will also incorporate all similar Bharat Criminal Data, Court Cases etc as referral for the judge. An Automatic time-bound reporting and completion of investigation will be the norm. The AI based system will automatically guide the investigation officer and report both his compliances and non compliances in the final police report. The system will have various checks & measures like forensics, uploading evidence in digital format etc.

The public can on anonymity also upload evidence pertaining to the case and protected by the Evidence and WhistleBlower Act’s. The Aadhaar based system will bring in accountability and transparency for all in the AI based system. Depending on the IPC sections involved the AI system will itself investigate the case with the investigating officer only helping the system in following the steps generated by it. The system will allocate the various IPS sections connected with the case, compile the data and the investigation officer has to generate the required evidence for the system in accordance with the system’s requirements. After the investigation is in progress or over the system will generate the report for the courts to follow and will be submitted to the court vide the area DCP or DIG office with the concerned SHO’s digital signature.

 

The judgements will be system generated after the judge and court staff have completed the set procedures pertaining to the case in their set Dems. The AI will process the data to dispense the judgements and generate bail or further escalation in the case. The judgement will be authenticated by a panel if need be online.

The moment the court receives the case online, the system will automatically allocate the case to a Judge hence officially recognising the incase as registered. The system will first offer mediation in case of Civil suits after the concerned judge & court is allotted.

The system will automatically allocate the case at random to the all India list of advocates specialising in the concerned case types. The AI will shortlist the advocates as per set criteria set in the system. This will ensure transparency in the system as all advocates will get a fair chance to get cases.

 

The system will automatically decide the time allotted for judgement which will have an effect on a judges work appraisal.

The system will incorporate payment procedure for advocates fees, court fees, etc. All advocates will be PAID by the courts as the litigants will deposit fees in the courts and not pay the advocates directly.

The advocate fees will be fixed by the govt. A part of the advocate fees will go for Advocates welfare, Insurance, Bar association, pension and medical facilities.

The procedure will be transparent & once the litigant selects his advocate then the advocate will have to comply and deliver. The litigants will rate the advocates service which will help the advocate and also have a procedure of refunding a part of fees. The appraisal system based on litigants and judges for an advocate will help filter out the weeds in the system and also a good appraisal points/ratings will help advocates garner more cases and higher fees brackets. Advocate fees will be in brackets starting from minimum to a maximum depending upon the case, duration etc.

The witnesses, digital as well as hard copy evidence, proofs, will be digitally processed. Witness will be cross examined and then his authentication with his recorded evidence incorporated. A witness can only be called thrice. Police has to encrypt the digital twice. Forensic Proof and Forensic labs pan Bharat will be interconnected and connected to the case via the ERP system. The Forensic labs will only get a secret case number for their report and not divulge any other details. Every Police station will have a Forensic DCP and below cadre hierarchy giving strength to scientific and reliable criminal investigation.

Automatic transfer of case to higher courts and similar procedure will be followed again. The higher court will decide the case’s as acceptable or not.

Police arrest, remand, interrogation will be online and in video to avoid third degree torture based confessions. The AI based forensics will be the crucial and the deciding factor.

Medical, Compensation, postmortem, handling and disposal of victim’s body etc will digitally organised and part of the courts judgement. The case will be deemed as over only when A to Z procedure has been digitally filled.

On completion of the case, the AI system will automatically grade the judge, police, advocate etc and add to their appraisals, awards. The police investigation officer will lose his job on 5 failures of convictions hence false cases will be a forgotten norm.

No more an advocates fees will be a deciding factor in dispensing judgements. Good advocates will automatically be graded by the system itself on the basis of factors like judicial appraisals, time taken to decide the case and clients feedback.

Law Companies and alliance will be strictly prohibited.

Good licensed detective agencies will be the new criteria as a parallel to post and pre police investigation to help the case. This will be based on judge’s discretion and the detectives will be paid by the litigants via the courts in a pre-set fees pattern.

Police investigation officers appraisal will be similar as above.

Low performance, non conviction etc will automatically reflect on the police officers service records. 5 non conviction, delays etc will lead to disciplinary action.

Good performance by lawyers, judges, staff will be online available to the public with an all India ratings system.

Only good lawyers will make to courts and judges after passing the exams or the set govt selection procedure etc.

Quality judgements will be highlighted online.

Dedicated media cell in all courts.

The fees will be collected by the courts and then paid to the lawyers vide a noble tax-free system. Litigants and clients will not be able to directly pay the advocate or detectives.

Direct payments will be considered illegal hence attract penalties, fines & punishment.

The AI based legal system will also incorporate automatic changes in existing laws & bring in new ones as per the challenges posed by the society’s ambient social structure and demand.

Judges will have AI to give valid judgements. AI will look into an all Bharat database of cases, criminal history sheets etc to bring about logical algorithm based decision cum judgements.

I hope all these points will bring in the much needed judicial cum police reforms in a scientific and logical way. It will bring in transparency, accountability, fairness and reliability to our judiciary. This will Improve the image of our legal and policing systems in the eyes of the world and do away with Corruption. Jai Bharat

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manukshhttp://www.meart.in
I am a fine artist & an author based in New Delhi.

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