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About The Author
Advocate Dr. Rau P S Girwar is an esteemed advocate and has been involved in the field of law since 2010 and has contested cases in the Supreme Court of India and various high courts including the Punjab and Haryana High Court, Delhi High Court, Indore High Court and various district and sessions courts.
He has an excellence and experience in civil, criminal, constitutional and service matters and has a wide range of experiences in various matters including money laundering, narcotic and murder cases.
This article has been written with assistance of his junior Kushaatula Puhanian, who is a second year law-student studying at the Guru Gobind Singh Indraprastha University, New Delhi.
INTRODUCTION
Time change and so do men, and then the laws… crime is one of the biggest fears in a society and to control them are criminal laws with punishment. For punishing a person for the wrongs he/she committed, a proper and uniform procedure is required. India had been long lacking in a uniform procedure for investigation despite there being presence of the Code of Criminal Procedure, 1973. The Senior Advocate, Shri R Basant in order to bring the same to the notice of the Supreme Court had filed a criminal appeal 400/2006 in the Supreme Court of India whose order was given in the year 2017. After understanding the difference of investigation and trial procedure going on in different regions of India, an order has been passed by the Supreme Court in the year 2018 the Supreme Court has appointed Shri R Basant, Siddhant Luthra and K Parmeshwar as amici curiae while being assisted by other advocates to prepare a draft rules of criminal procedure and the draft of the same.
The Supreme Court has directed the High Courts to adopt the Rules of Criminal Procedure, 2020 within a period of 6 months. The SC has also directed the State Governments to co-operate if it feels that co-operation is necessary which also has to be made within six months. The apex court has directed the Union and State Government to make amendments to the police rules within six months for the same.