Mirage of ‘Beyond all reasonable doubt !’

Well this is about the criminal justice system in India, which is witnessing a paradigm shift in the standard of proof required for conviction. The law says that an accused cannot be convicted without the prosecution proving the case ‘beyond all reasonable doubts’. But despite the avowed standard of proof, the practice subsisting in trial courts, appellate courts and even High Courts is that an accused will be convicted if there is a ‘reasonable probability’ that he did the crime. This is a serious dilution of standard of proof required in criminal cases, which is happening due to multifarious reasons, all pointing towards the collapse of criminal justice system in India.

The need to convict someone, media pressure, inefficiency of investigating agencies, witnesses easily turning hostile, pride and prejudice of judges, are the few reasons to cite for dilution of standard of proof in criminal cases.

Some may say this paradigm shift is the need of the hour, but there is an unintended consequence for this development. The criminal trials and practice is loosing its charm, in the legal profession.

Criminal trials are now often reduced to buying of witnesses, since otherwise conviction is certain for the accused even with limited incriminating evidences. When the courts do not follow the proper standard of proof, the lawyers are forced to lower their ethical standards to secure an acquittal.

This is a vicious circle that will eventually lead to collapse of criminal justice system in India, unless somebody steps in and stops the rot. It should start from the judges who conduct the trials. They should enforce strict burden of proof, so that lawyers are also inspired to follow the true letters of law. Otherwise the whole criminal procedure will be reduced to a farce.