Big headache: Minor offences majorly clog courts and harass individuals and businesses. Decriminalise them

News: The GoI has given a renewed push to decriminalize minor offenses. It has the potential to clog courts, promote ease of doing business and relieve citizens fighting criminal cases for non-serious violations. Example – In 2020 provisions of the Companies Act were decriminalized.

Examples of laws causing high pendency:

Section 138 of Negotiable Instruments Act (cheque bounce cases), criminalised in 1988. Arguments that this deters issuing of bad cheques must contend with high judicial pendency i.e., 15% pendency in subordinate courts.

Bihar prohibition law that jammed courts and prisons was amended to put emphasis on monetary penalties, still errs towards criminalisation.

What should be done?

Introduction of liberal approaches such as compounding of offences, Alternate Dispute Resolution (ADR) or community service.

This also has the potential to free up judges to focus on heinous crimes and enforcement of contracts.

Source: This post is created based on the article “Big headache: Minor offences majorly clog courts and harass individuals and businesses. Decriminalise them.”  published on 7^th April 2022 in Times of India.