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Academic literature on the topic 'Efficiancy Of Trial Courts In India'
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Journal articles on the topic "Efficiancy Of Trial Courts In India"
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Atrijo, Banerjee. "Increasing The Efficiancy Of Trial Courts In India." Legal Vidya 2, no. 2 (2021): 1–8. https://doi.org/10.5281/zenodo.6965876.
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Trial court is a court in which the facts of a case are decided. The evidence related to a case are put on record in a trial court, the witness testimony is recorded and a preliminary sentence is given for the crime. The criminal justice system in India is extremely slow in deciding cases. Often cases go on for years and a significant portion of the life of an individual is spent in prison awaiting trial. This delay in disposal of cases has been much discussed upon in the recent past. Several lawmakers, jurists and other policymakers have debated on it and have tried to find a solution. The lack of efficient judicial management, the frequent adjournment of trials, the lack of adequate number of judges and judicial officers have been identified as the causes of delay in the disposal of cases. Solutions like reforming the Criminal Procedure Code (CrPC) to make the process much simpler, increasing the number of courts and judges, constituting fast track courts and taking the help of artificial intelligence have been proposed to ease the process. In this essay the author intends to analyses the cause for the delay in disposal of cases and also comment on the viability of the solutions proposed and suggest a way forward to increase the efficiency of trial courts in India.
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Roach, Kent. "Wrongful Convictions, Wrongful Prosecutions and Wrongful Detentions in India." National Law School of India Review 35, no. 1 (2024): 250–300. https://doi.org/10.55496/wwqa3810.
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The first part of this article examines wrongful convictions in India. In part because of the absence of a jury, appellate courts, including the apex court, are more willing to evaluate whether the evidence for a conviction is sufficient than appellate courts in other common law systems. From 2016 to 2022, the High Courts and the Supreme Court have acquitted over two hundred accused in death penalty cases alone. The willingness of appellate courts to acquit is a strength of the Indian system that should be maintained. At the same time, remedied wrongful convictions in India likely represent only the small tip of a larger iceberg. For example, no remedied wrongful convictions involving guilty pleas, DNA exonerations, crimes that were not committed, or that were remedied after appeals were exhausted were discovered in the research for this article, though these types of wrongful convictions are common in other democracies. The Indian record of discovered and remedied wrongful convictions confirms that, as in other countries, terrorism cases are particularly susceptible to wrongful convictions. This suggests the exception for terrorism cases from its proposed abolition of the death penalty by the Law Commission of India in its 2015 report is not justified. The death penalty presents a real risk of executing an innocent person. This article also examines wrongful prosecutions and wrongful pre- trial detention in India. It argues that the Law Commission of India was justified in its 2018 Report on focusing on this phenomenon given that over three-quarters of prisoners in India are subject to pre-trial detention. An exclusive focus on wrongful convictions and claiming innocence may not be appropriate for developing countries where most prisoners are awaiting trial. The Law Commission’s still unimplemented proposals for the creation of a separate court where malicious prosecution would have to be established are critically examined. It is suggested that to increase access to justice, criminal courts should award damages and that only negligent prosecution or detention should have to be established. However, given low conviction rates in India, such an alternative proposal could significantly increase the number of accused who might receive compensation. Although compensation for wrongful pre-trial detention is warranted, other steps to improve access to bail and to allow the accused to challenge the state’s case earlier in the pre-trial process are also required.
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Bhawsar, Lata Kumari, and Bhawana Bhawana. "A Study of Legal Framework and Capital Punishment in India." INTERNATIONAL JOURNAL OF ADVANCED RESEARCH IN COMMERCE, MANAGEMENT & SOCIAL SCIENCE 08, no. 02(I) (2025): 172–76. https://doi.org/10.62823/ijarcmss/8.2(i).7535.
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Over the last decade, India has witnessed a fluctuating but consistently high number of death sentences awarded by session courts, reflecting ongoing tensions between retributive justice and judicial restraint. Between 2016 and 2023, trial courts imposed capital punishment in significant numbers: 153 in 2016, 110 in 2017, 163 in 2018, 104 in 2019, 78 in 2020, 146 in 2021, peaking at 167 in 2022, and dropping slightly to 120 in 2023. Despite this high frequency at the trial level, higher judiciary particularly the Supreme Court has shown increasing reluctance to confirm such sentences. The appellate courts have emphasized the “rarest of rare” doctrine, reinforcing the need for individualized sentencing and consideration of mitigating factors. This reflects India’s cautious, evolving approach to capital punishment, grounded in constitutional morality, procedural fairness, and human rights jurisprudence. This paper aims to study the legal framework having punishment of death sentences and also the crimes for which death penalty awarded in India.
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Sekhri, Abhinav. "Pendency in the Indian Criminal Process: A Creature of Crisis or Flawed Design?" Socio-Legal Review 15, no. 1 (2019): 1. http://dx.doi.org/10.55496/dcaw9709.
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Mujuzi, Jamil Ddamulira. "The Right to a Fair Trial in Criminal Proceedings and the United Kingdom Courts’ Recognition of Foreign Convictions from non-eu Member States." International Human Rights Law Review 4, no. 1 (2015): 81–103. http://dx.doi.org/10.1163/22131035-00401004.
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This article discusses three cases from China, India and Morocco in which courts in the United Kingdom have considered the issue of previous convictions for the purposes of sentencing and considering the issue of whether the accused is of bad character. The author highlights the different approaches taken by the different courts and argues that there is a need for guidelines to be developed for courts to follow in deciding whether or not to admit convictions from courts outside the European Union. This would strengthen the accused’s rights to a fair trial in criminal proceedings.
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Pattnaik, Pinaki Nandan, Satyendra C. Pandey, and Mahendra Kumar Shukla. "Mapping critical success factors in efficient court management: two case studies from India." International Journal of Law and Management 60, no. 2 (2018): 717–29. http://dx.doi.org/10.1108/ijlma-03-2017-0023.
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Purpose The purpose of this study is to identify and develop an understanding of various success factors in implementing an efficient court management system by the court managers employed at the trial courts and high courts in India. Court management implies using a professional approach using managerial tools and techniques in managing courts. Design/methodology/approach This study is based on a case study with two Indian states demonstrating efficiency in judicial operation with the adoption of court management techniques. Semi-structured interviews with the court registry, court managers, document studies, court visits, along with observation are the main data sources. Findings It was observed that managerial practices of job autonomy, regular feedback, clear job expectations and support from the supervisor/reporting officer act as critical success factors for court management efficiency. Originality/value This paper adds empirical insight from the Indian viewpoint on existing literature concerning management of courts.
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Varsha, Desai. "Fundamental rights of prisoners of speedy trial." International Journal of Advance and Applied Research 4, no. 26 (2023): 129–35. https://doi.org/10.5281/zenodo.8288715.
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Article 21 of the Constitution ensures a prisoner's right to life and personal freedom as well as a fair, just, and reasonable legal system. By giving a broad and liberal definition of life and personal liberty, the Supreme Court of India has shown tremendous vigilance and care for the fundamental rights of prisoners. Because of many factors, inmates who are being tried in any court in India but cannot afford a surety bond or obtain legal representation are detained behind bars for long stretches of time. Their fundamental rights have been gravely violated. In various Indian courts, under trial detainees made up 61.24% of the population
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Banawala, Harshilkumar Dineshbhai, and Dr. Jitendra Bhanushali. "Fair trial under criminal justice system." International Journal of Advance and Applied Research 5, no. 21 (2024): 4–6. https://doi.org/10.5281/zenodo.12703552.
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<strong>Abstract:</strong> The right to a fair trial is a fundamental aspect of the criminal justice system in India, enshrined in the Constitution and various statutes. However, the practical implementation and interpretation of this right have faced challenges leading to critical examination through various criminal cases. This research paper aims to critically analyze Indian criminal cases that highlight issues related to the right to a fair trial. The paper begins by discussing the legal framework surrounding the right to a fair trial in India, including constitutional provisions and relevant statutes. It then delves into selected cases, examining how courts have interpreted and applied this right. Through these case analyses, the paper identifies common themes, challenges, and potential areas of improvement in ensuring the effective realization of the right to a fair trial within the Indian legal system.
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Subramanian, Lakshmi. "A trial in transition: Courts, merchants and identities in western India, circa 1800." Indian Economic & Social History Review 41, no. 3 (2004): 269–92. http://dx.doi.org/10.1177/001946460404100302.
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Garg, Arushi. "Consent, Conjugality and Crime: Hegemonic Constructions of Rape Laws in India." Social & Legal Studies 28, no. 6 (2018): 737–54. http://dx.doi.org/10.1177/0964663918808069.
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‘Promise to marry cases’ are those in which a victim is deceived into having sex with the defendant, based on a dishonest promise of marriage. Rape laws in India are designed to punish such defendants. These cases represent a significant proportion of rape cases in the legal system but remain under-researched. Drawing from postcolonial feminism and intersectionality theory, this article provides a socio-legal exposition of ‘promise to marry’ cases. This analysis is based on the total population of judgments in promise to marry cases, which were issued by Delhi trial courts from January to June in 2014 and 2016. It is found that courts propagate a heteronormative, intracaste, intracommunal construction of marriage while enforcing seemingly neutral rape laws. Given the prejudicial application of law, it is concluded that the use of criminal law in promise to marry cases is inappropriate.
Books on the topic "Efficiancy Of Trial Courts In India"
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Initiative, Commonwealth Human Rights, ed. An analysis of the RTI rules applicable to the Rajasthan High Court and the subordinate courts: With recommendations for improvement. Commonwealth Human Rights Initiative, 2011.
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N. M, Gayathri, and Nidhi R. THE LAW RELATING TO CLINICAL TRIALS IN INDIA: THE PREVAILING DEFICIENCIES AND THE ROAD AHEAD. Jupiter Publications Consortium, 2023. http://dx.doi.org/10.47715/jpc.b.978-93-91303-78-5.
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Clinical trials stand at the crux of medical advancement, serving as the vital link between laboratory research and the availability of new treatments for patients’ ailments. In a world increasingly reliant on evidence-based medicine, the importance of rigorous, ethical, and well-regulated clinical trials cannot be overstated. However, the dynamic and multifaceted nature of clinical trials raises complex legal, ethical, and social issues, particularly in a diverse and populous nation like India. This book, “The Law Relating to Clinical Trials in India: The Prevailing Deficiencies and the Road Ahead,” by Ms. Gayathri N. M. and Ms. Nidhi R, provides a comprehensive analysis of India’s legal framework governing clinical trials. It assesses the current state of the law, identifies the deficiencies therein, and offers a thought-provoking exploration of the path to rectifying these shortcomings. The pages within unfold the historical tapestry of clinical trials, setting the stage with an exploration of their evolution both globally and within the Indian context. The book ventures into the intricate lattice of regulations and guidelines that govern clinical trials in India and juxtaposes them against the global standards set by more developed frameworks in the United States and Canada. Through the chapters, the reader is invited to examine the role of Indian courts in interpreting and applying the laws concerning clinical trials, often acting as bulwarks against unethical practices. The narrative further delves into the comparisons between regulatory systems, thereby drawing lessons from international best practices. Perhaps most critically, this work does not shy away from discussing the challenges and deficiencies that mar the current Indian clinical trial landscape. It ventures into the depths of the 2019 New Drugs and Clinical Trials Rules (NDCTR), unearthing its flaws and potential. The Covid-19 pandemic and the resultant vaccine fast approvals present a case study, highlighting the urgency for reform in the face of unprecedented global health challenges. As we reach the denouement in the concluding chapter, the authors synthesize their findings and articulate a series of well-reasoned suggestions. Their vision for the future of India’s clinical trial legal system is one of pragmatism and hope, guided by the twin stars of participant safety and scientific integrity. The preface serves as an invitation to readers — scholars, practitioners, policymakers, and anyone with an interest in the crossroads of law, medicine, and ethics — to embark on this intellectual journey. The goal is not only to inform but also to inspire action that will shape a more robust, just, and effective framework for clinical trials in India. In closing, this book aims to contribute meaningfully to the discourse on improving the regulatory environment for clinical trials in India, ensuring that the nation’s laws keep pace with scientific progress while safeguarding the rights and welfare of participants.
Book chapters on the topic "Efficiancy Of Trial Courts In India"
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Suresh, Mayur. "Accountability, authority and documentary fragility: ‘shadow files’ in a trial in India." In Research Handbook on Law and Courts. Edward Elgar Publishing, 2019. http://dx.doi.org/10.4337/9781788113205.00017.
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"CRIME, ARRESTS AND DETENTION: A QUANTITATIVE BASELINE." In RE-IMAGINING BAIL DECISION MAKING. CLPR, 2020. http://dx.doi.org/10.54999/2c0l0p9r1.
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To understand the nature of bail decision making in the trial courts, it is essential to first develop a broader account of crime, arrests and under trial detention in India, and more particularly, in Karnataka.
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Tyagi, Nidhi, Radhey Shyam Jha, and S. Srinivasan. "Employing Artificial Intelligence for Adjudication in Indian Courts." In Advances in Healthcare Information Systems and Administration. IGI Global, 2024. https://doi.org/10.4018/979-8-3693-7051-3.ch017.
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Artificial Intelligence is touted as the fourth industrial revolution, which will change the way we live our lives. But to what extent can it change the way judicial systems work? The paper seeks to explore the scope of AI in adjudication and assess its plausibility in trial courts in India. The paper begins with a basic understanding of artificial intelligence and adjudication. It then explores the interplay of both with each other. A clear distinction has been made between AI-Adjudication and AI assisted adjudication. It is argued that AI assisted adjudication is a better alternative to AI-Adjudication. Some areas have been identified where AI can be successfully employed for adjudication in Indian Trial Courts. Issues and challenges for introducing AI in the system have then been implored, followed by suggestions and recommendations. In the end it is concluded that AI assisted adjudication must be adopted for efficient and timely adjudication in trial courts.
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Bryant, Michael S., and James Burnham Sedgwick. "Rendering Justice." In The Oxford Handbook of World War II. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780199341795.013.20.
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Abstract German and Japanese crimes committed during World War II became objects of criminal prosecution by Allied courts after the war. The best known of these trials was an international tribunal held at Nuremberg in 1945–1946. By the late spring 1945, Anglo–American predilection for summary execution of the “major” war criminals had yielded to a commitment to prosecute them. The trial at Nuremberg was among the first of numerous proceedings against Nazi war criminals throughout Europe. The Allied powers responded to atrocities in the war’s Asian-Pacific sphere with an array of post-conflict prosecutions. The long shadow of European courts obscures their Asian counterparts. Yet, Australia, Britain, Canada, Communist and Nationalist China, France, India, The Netherlands, New Zealand, the Philippines, the Soviet Union, and the United States convened or contributed to hundreds of courts and brought thousands of war criminals to justice between 1945 and 1951. This enormous legal endeavor navigated complex logistical, geopolitical, and cultural obstacles. Despite allegations against both European and Pacific trials of victors’ justice and ex post facto prosecution, the Allies created new bodies of international law that live on today in ad hoc tribunals and the International Criminal Court.
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Chowdhury, Debasish Roy, and John Keane. "Justice Defiled." In To Kill A Democracy. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198848608.003.0011.
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India’s criminal justice system is seen to be so broken that even the dysfunctional and corrupt police force is reckoned to have a better shot at ensuring justice than the courts. Given the speed at which rape cases—or all cases, for that matter—crawl through a clogged and corrupted legal system, the chances of swift justice are non-existent. The decaying and sluggish court system ensures that India has one of the world’s highest rates of ‘undertrials’, or people awaiting trial and sentencing in prison. A clogged and corrupted court system hastens the breakdown of the social foundations of Indian democracy. Ultimately, the infirmities of the Indian judiciary violate the spirit and substance of the rule of law, the principle that legal institutions and written laws should have the practical effect of curbing and balancing the ambitions of the powerful, and those seeking power over others. According to that principle, rule of law is the cure for despotism. What India now has, however, is ‘rule through law’, a system in which law is weaponized as an instrument of power and control by elected despots, thanks to a slow and servile judiciary
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Saksena, Priyasha. "Setting the Stage." In Sovereignty, International Law, and the Princely States of Colonial South Asia. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192866585.003.0002.
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Abstract This chapter explores the legal construction of British paramountcy during the late eighteenth and early nineteenth centuries by analysing the implications of the extensive treaty-making between the East India Company and South Asian rulers. Although the Company declared itself to be the ‘paramount power’ in South Asia, this claim was met with deep unease within the British state, which remained wary of the extent of power exercised by a private corporation and repeatedly attempted to regulate the Company’s activities. Assertions of British paramountcy also ran up against the recognition of the princes as sovereign rulers by English courts and the jurisdictional claims of the states themselves. Focusing on two key controversies—over whether British subjects could be extradited for trial in the princely states of Pudukkottai and Hyderabad and over the situations in which Company authorities could intervene in the internal affairs of states such as Bharatpur and Awadh—this chapter argues that interactions between the Company and the princely states took place within the context of intense competition for the exercise of sovereign power. In this atmosphere, arguments favouring extensive British imperial authority on account of the alleged superiority of European civilization co-existed with assertions of the binding nature of treaties with South Asian rulers.