To see the other types of publications on this topic, follow the link: Efficiancy Of Trial Courts In India.
Journal articles on the topic 'Efficiancy Of Trial Courts In India'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Efficiancy Of Trial Courts In India.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
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.
Full textAbstract:
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.
2
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.
Full textAbstract:
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.
3
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.
Full textAbstract:
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.
4
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.
Full text
5
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.
Full textAbstract:
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.
6
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.
Full textAbstract:
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.
7
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.
Full textAbstract:
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
8
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.
Full textAbstract:
<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.
9
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.
Full text
10
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.
Full textAbstract:
‘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.
11
Jhala, Angma D. "The Malabar Hill murder trial of 1925." Indian Economic & Social History Review 46, no. 3 (2009): 373–400. http://dx.doi.org/10.1177/001946460904600305.
Full textAbstract:
This article seeks to address issues relating to sovereignty, law and sexual politics in colonial princely India through an examination of the Malabar Hill Murder Trial of 1925 in the Bombay High Court. In this particular case, the Hindu Maratha Maharaja of Indore was charged with the murder of his Muslim courtesan's lover. The ensuing trial illuminates two important developments in late colonial Indian law. First, it reveals how British courts empowered some Indian women as individual agents before the law, despite the restrictions of pardah (or seclusion), to contest and resist indigenous patriarchies. Second, it exposes the complex rela-tionship between Indian kingship and British paramountcy. Due to their position as semi-autonomous rulers, who were not under the restrictions of British Indian law, native princes were exempt from being tried in British Indian courts on the basis of their treaty regulations. This case discusses the extent to which the sexual desires and love unions of the Indian kings were affected by the princely state's fraught relationship with the colonial regime. In this in-stance, the Malabar Hill Murder trial cost the ruler his gaddi (throne) when he was compelled to abdicate.
12
Ahmad, Ahrar. "Bangladesh in 2013." Asian Survey 54, no. 1 (2014): 190–98. http://dx.doi.org/10.1525/as.2014.54.1.190.
Full textAbstract:
Bangladesh in 2013 exhibited intense political polarization that was both frustrating and ominous. Several factors exacerbated political tensions in the country including the war crimes trial and disagreements relating to the caretaker government. Judgments and rulings by the courts also fed the forces of political turmoil. The economic situation was relatively good but faced increasingly difficult challenges. In terms of international relations, particularly with India and the U.S., the year was unproductive.
13
Singh, Himanshu Raman, and Nitin. "Judicial Discourse of Preventive Detention Laws in India." RESEARCH HUB International Multidisciplinary Research Journal 12, no. 2 (2025): 52–58. https://doi.org/10.53573/rhimrj.2025.v12n2.008.
Full textAbstract:
In order to protect public order or national security, an individual may be placed under preventive detention by the executive branch without being prosecuted or put on trial. Numerous individual rights and freedoms of an arrested person have been recognized by the Indian Constitution and other national criminal laws. The protection of the rights and liberties of those facing criminal prosecution has also been a priority for Indian courts, especially the Supreme Court. The Indian Constitution's Article 22 offers some protections with regard to arrests and detentions. It seeks to defend the freedoms and rights of those who are detained or arrested by the government. This paper deals with the issue of preventive detention in India and its interpretation by the Indian Judiciary. Simultaneously to give appropriate suggestions for curbing the problems of preventive detention in India.
14
Rahangdale, Prashant. "“Witness Protection: An Important Measure For The Effective Functioning Of Criminal Justice Administration”." Think India 22, no. 2 (2019): 129–42. http://dx.doi.org/10.26643/think-india.v22i2.8681.
Full textAbstract:
The efficacy of criminal justice administration can be adjudged by the ability of courts to punish the wrongdoer and impart justice to the victim. During the process of finding the guilt, courts rely upon the evidence adduced by the parties in the oral or documentary form. The oral evidence is submitted by the means of versions of witnesses. Witness act as a valuable source of information for the courts to bring out the guilt of the accused. The versions of witness facilitate the courts to arrive at a judicious decision. Therefore, the witness plays a prominent role in criminal justice administration. For this reason, Whittaker Chambers said, “In search of truth, he plays that sacred role of the sun, which eliminates the darkness of ignorance and illuminates the face of justice, encircled by devils of humanity and compassion.”[1] However, it is a bitter truth that the condition of witnesses is turning pathetic in the justice administration system day by day. The reports of inducement, threatening, harassment and intimidation of witnesses are coming every day on a rolling basis. All these incidences create fear in the mind of witnesses due to which witness hesitate to come forward to cooperate in the court process and often turn hostile. Moreover, a witness also falters due to lack of witness protection mechanism in our country. Law Commission of India in its various reports highlighted the problems faced by the witness during the course of the trial and recommended to incorporate a comprehensive policy on witness protection. Hon’ble Supreme Court of India through its judgement revamped the urge for witness protection regime in the Indian judicial system. In this research paper, the researcher seeks to highlight the problem faced by the witnesses in the criminal justice system and discuss the issue of witness protection in India.
 
 [1] https://www.scconline.com/blog/post/tag/sit-and-cbi-probe/
15
Pandey, Shikha. "Anti-Terrorism Courts and Procedural (In)Justice: The Case of the National Investigation Agency (NIA) Special Courts in South Chhattisgarh, India." Socio-Legal Review 16, no. 1 (2020): 109–39. https://doi.org/10.55496/cpjy1470.
Full textAbstract:
The National Investigation Agency Act, 2008 (‘NIA Act’) was enacted for setting up a central agency, namely the National Investigation Agency. It is responsible for the investigation and prosecution of offences related to national security. The NIA Act prescribes a specific procedure for investigating any offence classified as a ‘Scheduled Offence’ under Section 6 of the NIA Act. In doing so, the NIA Act empowers the Central Government and the state governments to designate Special Courts by notification and vest them with the powers to investigate and prosecute Scheduled Offences in accordance with the special procedures set out in the NIA Act. The aforementioned power has been exercised multiple times across India by the Central Government and the state governments. However, the powers vested in state governments pursuant to Section 22 of the NIA Act to designate Special Courts, have often been a point of debate and dispute before appellate courts. The dispute has been on the grounds of ambiguity and vagueness in the letter of the law. This paper examines the NIA Act and judicial precedents, to analyse the extent of the power vested in the state governments under Section 22 of the NIA Act. Using the empirical study from the conflict-torn region of Bastar in Chhattisgarh, the paper demonstrates that the vagueness and ambiguity in Section 22 of the NIA Act has been used by the state of Chhattisgarh to create an unintelligible classification of offences related to left-wing extremism, for trial by the Special Court in Bastar. The paper will also show that such classification has resulted in a violation of the procedural rights of individuals belonging to indigenous communities in Bastar.
16
Chatterjee, Moyukh. "Against the Witness: Hindu Nationalism and the Law in India." Law, Culture and the Humanities 15, no. 1 (2016): 172–89. http://dx.doi.org/10.1177/1743872116643693.
Full textAbstract:
In the aftermath of anti-Muslim violence in Gujarat, India, in 2002, NGOs and activists encouraged survivors to testify against Hindu perpetrators in court. Through an ethnographic analysis of a criminal trial in the lower courts of Ahmedabad, I show how state officials and perpetrators used legal procedures to transform Muslim survivors into unreliable witnesses in the courtroom. These formal and informal techniques to destabilize Muslim witnesses are best understood not as byproducts of the law’s failure to address mass violence, but as a legal performance of Hindu supremacy. Procedural and positivistic approaches to the rule of law failed to address the law as a performance embedded in the context of Hindu nationalism in Gujarat. Not only do such trials discredit witnesses of mass violence, but they also give a legal form to the subordinate status of religious minorities within a majoritarian political regime.
17
Ashish Sharma. "A STUDY ON THE PENDENCY OF CASES IN INDIAN COURTS vis-à-vis HUMAN RIGHTS." Journal of Advanced Zoology 44, no. 1 (2023): 79–93. http://dx.doi.org/10.17762/jaz.v44i1.1283.
Full textAbstract:
In a progressive and developing society, one of the sound principle of the criminal justice system is that “Justice delayed is justice denied’. The delay in dispensation of justice adversely affects the two important fundamental rights which are, right to access justice and the rule of Law. Both are the part of the Indian Constitution. In various decisions, the Indian Supreme Court has under scored the importance of expeditious trial. Right to speedy trial is one of the facets of the Right to life and personal liberty under Article 212 of the constitution of India. According to the Ministry of law, there are nearly five crore cases are pending as of now in courts3. India is on the top in pending of cases across the globe. In spite of the establishment of the tribunals, the situation of pendency is becoming worse. There are various reasons which can be attributed to the situation of pendency of cases. Among them some are; awareness of the legal rights by the people, emergence of new ways of access to justice such as RTI and PIL, inadequate number of judges in courts. Government needs to take initiative in controlling the backlog of cases so that time justice could be imparted to all segments of the society. In present time, the pendency of cases is directly connected to the issue of human rights. Pendency of a case in the court of law endangers numerous human rights. This research paper attempts to examine the various loopholes which leads to the pendency of cases in Indian courts and violates the human rights
18
Suresh, Mayur. "The social life of technicalities: ‘Terrorist’ lives in Delhi’s courts." Contributions to Indian Sociology 53, no. 1 (2019): 72–96. http://dx.doi.org/10.1177/0069966718812523.
Full textAbstract:
How do we imagine the place of courtrooms in relation to society? There have been two dominant ways that ethnographers have viewed trials. The first treats trials as ways of understanding social structures and political power. In relation to terrorism trials, the courtroom becomes the arena in which nationalist politics can be re-enacted. There is the space of a pre-existing society—with all its hierarchies and conflicts—and the court case is then merely affixed to the social. The second way, which has a minor role in scholarship on India, has imagined courtrooms as theatrical spaces in which society is discursively constructed. In this article, I argue that an ethnography of courtrooms can be a way of accessing the space of courtroom on its own terms. I argue that the technologies of law set in place their own relations and forms of sociality and that the courtroom is a world in and of itself. Based on an ethnography of terrorism trials in Delhi, I show how the terrorism trial is not only the arena in which bigger contestations over nationalism and religious identity may play out; it is also the space in which new forms of life specific to the courtroom emerge.
19
Dash, Preeti Pratishruti. "Rape adjudication in India in the aftermath of Criminal Law Amendment Act, 2013: findings from trial courts of Delhi." Indian Law Review 4, no. 2 (2020): 244–66. http://dx.doi.org/10.1080/24730580.2020.1768774.
Full text
20
Majumder, Boivob. "Plea Bargaining — A Comparative Study of India with Foreign Countries." Theory and Practice of Forensic Science and Criminalistics 29, no. 4 (2023): 47–67. http://dx.doi.org/10.32353/khrife.4.2022.03.
Full textAbstract:
Plea bargaining has become more popular as a means of settling court issues all around the world. Plea bargaining’s application, scope, and operation change significantly between common law and civil law regimes. To analyze these differences in regard to different jurisdictions, a comparison between India and the USA (their plea bargaining) has been done in this study. The relative benefits and drawbacks of plea bargaining are up for debate. This is because it is argued that plea bargaining calls into question the primary goals of a trial, which are to establish the truth and uphold justice. It is without dispute that India needs a framework for speedy justice administration. Indian courts are being battered by the rise in criminal cases. Prisons are now overflowing with inmates who are being held without a trial due to the ongoing delays in case resolution. India has developed plea bargaining (as a response to this sad status of the judicial system), which was acknowledged as a trustworthy strategy for concluding open cases and accelerating the criminal justice system. According to the then-Chief Justice of India, Y. K. Sabharwal (2005-2007), the introduction of plea bargaining in India would not only expedite the criminal justice system but also serve as a restorative form of justice where victims would be equal stakeholders and receive sufficient compensation. However, despite years of conceptualization, the Indian criminal justice system has yet to adopt plea bargaining. The paper attempts to research whether plea bargaining in India in its present form and structure is adequate to achieve that goal by weighing its advantages and disadvantages in the context of the Indian judicial system. Given the above, it is proposed to introduce changes to this contemporary dispute resolution mechanism.
21
Majumder, Boivob. "Plea Bargaining - A Comparative Study of India with Foreign Countries." Ius Poenale 4, no. 1 (2023): 75–95. http://dx.doi.org/10.25041/ip.v4i1.2845.
Full textAbstract:
Plea bargaining has become more popular as a way to resolve court issues around the world. The application, scope, and operation of plea bargains change significantly between the common law and civil law regimes. To analyze these differences with respect to different jurisdictions, a comparison between India and the United States has been conducted in this study. The relative advantages and disadvantages of plea bargaining are still debated. This is because some argue that plea bargains call into question the primary purpose "of a trial, i.e." to establish the truth and dispense justice. There is no denying that India needs a framework for speedy administration of justice. India's courts are being battered by rising criminal cases. Prisons are now overflowing with inmates being held without trial due to continuous delays in case disposal. This research uses normative law that examines document studies, namely using various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholars' opinions. This type of normative research uses qualitative analysis, namely by explaining existing data with words or statements not with numbers.The results show that India developed plea bargaining as a response to the deplorable status of the justice system. It is recognized as a credible strategy to resolve open cases and expedite the criminal justice system. However, despite being conceptualized for many years, the Indian criminal justice system has yet to adopt plea bargaining. The researcher attempts to ascertain whether plea bargaining in India in its current form and structure is adequate to achieve these goals by weighing its advantages and disadvantages in the context of the Indian justice system.
22
Prasad, A., Jyotsna Yagnik, and Binod C. Agarwal. "Should India Retain Death Penalty?" Liberal Studies 1, no. 1 (2016): 5–26. https://doi.org/10.5281/zenodo.3366858.
Full textAbstract:
<strong>Concept Note:</strong> The debate on the death penalty in India has gathered more steam following the 262nd report of the Law Commission that came out in August 2015. It concludes that the death penalty should eventually be abolished in India except in cases of terrorism and waging of war against the state to safeguard national security. In its previous major review in 1967, the commission had concluded that India could not risk the “experiment of the abolition of capital punishment.” This time around “the Commission feels that the time has come for India to move towards abolition of the death penalty”. The major reasons why capital punishment should be abolished in India according to the Law Commission are: (1) times have changed; (2) it is not a deterrent anymore; (3) sentencing is arbitrary; (4) administration of capital punishment is vulnerable to misapplication; (5) mercy powers have failed to act as the final safeguard against miscarriage of justice; (6) long delays in trials and appeals and final execution is almost torture; and (7) India is in a minority on death penalty as 140 countries have abolished it. Practically, judges in India can impose the death penalty in the “rarest of rare” of cases, including treason, mutiny, murder, abetment of suicide and kidnapping for ransom. In 2013, an amendment to the law permitted death as a punishment in cases where rape was fatal or left the victim in a persistent vegetative state; as well as for certain repeat offenders. Following the execution of Mumbai terror attack convict Yakub Memon, the Supreme Court has said capital punishment is not inhuman or barbaric and will not violate the right to life and liberty in heinous crimes. However, in Shankar Khade’s case, the apex court in 2013 observed that there was no fair process of ‘conferring’ death penalty, and the application of the ‘rarest of the rare’ principle was exceptionally friable. An empirical study reveals that out of around 385 existing prisoners sentenced to death for terror offences 93.5 percent belong to Dalit and religious minority communities. Even in other cases, there is a predominance of people from lower castes and religious minority communities. They also have a very low level of education – 24 percent of them have never stepped into school and belong to the most marginalized sections of society. Moreover, the results of death penalty cases from 2000 to 2015 are equally startling: for every 100 death sentences that trial courts give, only 4.5 are confirmed by the higher courts. About 30 percent are acquitted and the rest are commuted. This basically highlights the overuse of the award of the death penalty. To take this important debate further, the Liberal Studies journal invited opinions of three eminent policy analysts, scholars, and practitioners –<strong> A. Prasad</strong>, <strong>Jyotsna Yagnik</strong>, <strong>Binod C. Agarwal</strong> – to give their opinion on the constitutionality, human rights, law and order, and socio-psychological implications of death penalty as a form of punishment in the Indian context.
23
Ajit. "Criminal Justice System in India: Analytical Study." RESEARCH REVIEW International Journal of Multidisciplinary 8, no. 8 (2023): 210–15. http://dx.doi.org/10.31305/rrijm.2023.v08.n08.034.
Full textAbstract:
The main objective of the administration of criminal justice is to preserve and protect the rule of law. The scope of the criminal justice system includes establishing rule of law, speedy trial, punishing criminals, rehabilitation of criminals through the judicial system, relief to victims of crime, etc. The present criminal justice system suffers from various flaws and defects. The courts are full of delayed cases. The current legal process takes a lot of time. Which benefits the accused. New forms of crime are emerging. Speedy trial and speedy justice are considered the fundamental rights of the citizen. But the criminal justice system has failed to provide speedy justice to the people and guarantee certainty of punishment to the criminal. India's criminal justice system is based on the British heritage. The demand for reform and amendment in the present justice system is gaining momentum. Therefore, there is a need to analyze various aspects of the criminal justice system whether amendments in the prevailing laws are necessary in the present perspective or why the Indian justice system is not effective. In the presented research paper, the Indian justice system has been critically evaluated.
 Abstract in Hindi Language: 
 आपराधिक न्याय प्रशासन का मुख्य उद्देश्य विधि के शासन को संरक्षित और बचाव करना है। आपराधिक न्याय प्रणाली की परिधि में विधि का शासन स्थापित करना, त्वरित सुनवाई, अपराधियों को दंडित करना, न्यायिक प्रणाली के माध्यम से अपराधियों का पुनर्वास, अपराध के पीड़ितों को राहत इत्यादि आते हैं। वर्तमान आपराधिक न्याय प्रणाली विभिन्न खामियों और दोषों से ग्रस्त है। अदालतों में विलंबित केसों की भरमार है। वर्तमान कानूनी प्रक्रिया में समय बहुत लगता है। जिसका फायदा आरोपी को होता है। अपराध के नए रूप सामने आ रहे हैं। शीघ्र सुनवाई व त्वरित न्याय नागरिक का मूल अधिकार माना गया है। लेकिन आपराधिक न्याय प्रणाली लोगों को त्वरित न्याय देने और अपराधी को दंड देने की निश्चितता गारंटी देने में असफल रहा है। भारत की आपराधिक न्याय प्रणाली ब्रिटिश विरासत पर आधारित है। वर्तमान न्याय प्रणाली में सुधार व संशोधन की मांग जोर पकड़ रही है। इसलिए आपराधिक न्याय प्रणाली के विभिन्न पहलुओं का विश्लेषण करने की आवश्यकता है कि क्या वर्तमान परिप्रेक्ष्य में प्रचलित कानूनों में संशोधन आवश्यक है या भारतीय न्याय प्रणाली प्रभावी क्यों नहीं है। प्रस्तुत शोध पत्र में भारतीय न्याय प्रणाली का आलोचनात्मक मूल्यांकन किया गया है।
 Keywords: आपराधिक न्याय प्रणाली, न्यायपालिका, अपराध और न्याय, अपराध प्रशासन
24
Zubair Ahmad Ejaz, Shahzada Aamir Mushtaq, Allah Rakha, and Shabnam Shahab. "The Evolving Role of Prosecution in Pakistan's Criminal Justice System: A Comparative Analysis with India." Critical Review of Social Sciences Studies 2, no. 2 (2024): 210–29. http://dx.doi.org/10.59075/vn9bnc26.
Full textAbstract:
The purpose of this research is to investigate the function of prosecution within the framework of Pakistan's criminal justice system as seen through the lens of India. Through the use of historical and doctrinal research methodologies, the examination dives into the development of prosecutorial functions in both nations. Within the scope of this study, a comparison and contrast of the legislative frameworks that control the prosecutorial function is carried out. Particular attention is paid to important aspects such as prosecutorial discretion, pre-trial investigation, and trial advocacy. The purpose of this research is to investigate the ways in which the courts in Pakistan and India have interpreted the powers and restrictions of the prosecutor by analyzing significant cases. This comparative technique allows the investigation to identify both commonalities, which are a result of a shared colonial past, and differences, which are a result of separate legal processes. The research provides an in-depth analysis of the efficiency of the prosecution process in each nation, stressing both the positive and negative aspects of the system as well as prospective areas for improvement. The findings of this study present suggestions for enhancing the prosecutorial position within Pakistan's criminal justice system. These recommendations are derived from the Indian experience, which the research draws upon. One of the goals of this research is to make a contribution to the continuing conversations that are taking place about how to assure a more strong and efficient prosecutorial role, which would eventually result in a criminal justice system in Pakistan that is more effective and just.
25
Raviya, Divya, and Dilip Mevada. "A SOCIO LEGAL STUDY ON CRIMINAL ADMINISTRATION OF JUSTICE IN INDIA WITH SPECIAL REFERENCE TO STATE OF GUJARAT." VIDYA - A JOURNAL OF GUJARAT UNIVERSITY 1, no. 1 (2022): 34–37. http://dx.doi.org/10.47413/vidya.v1i1.79.
Full textAbstract:
The criminal justice system is incredibly expensive, complicated, and becoming increasingly crucial. When the impoverished are unable to approach the temple of justice, it is an indirect denial of justice to the weaker members of society. So, in these days, the courts have taken the lead and extended a helping hand to victims in order to get justice. At the moment, the judicial delivery system is evolving in order to provide relief to the general public. The researcher has researched this issue to determine what is necessary in today's society to get justice, and what the demands of this study are, and is attempting to convey from his or her own point of view. A socio-legal study is an examination of the link between society and the law. Criminal administration of justice is defined as "one's own activity and the structure of police and courts for the justice system in the discovery, investigation, anxiety, consultation, and trial of individuals accused of crime." The administration of justice is dependent on the personnel activities of the police, the public, and the court, for the victim to receive justice. The government has enacted several significant laws, such as the Indian Penal Code, cyber law, the Contract Act, and procedural law, such as the Code of Criminal Procedure and the Law of Evidence. However, the execution of these laws is contingent on these conditions. The three branches of government are the police, the public, and the judiciary. Everyone has been living according to their constitutional rights; no one can infringe on the rights of others since our constitution is based on democracy. And the basic core of our constitution is nature, distinctive features, preamble, fundamental rights, guiding principles, obligations, and so on.
26
Perumal, P., S. Honnungar Ravindra, and M. Lakshmibharathi. "The POCSO ACT 2012 : Stop the Abuse , Stop the Cruelty , Stop the Slaughter !" International Journal of Medical Justice 1, no. 1 (2023): 32–48. https://doi.org/10.5281/zenodo.7536871.
Full textAbstract:
In India, Child sexual abuse (CSA) is a major issue in terms of public health. First contacts with abused children and their families are frequently made by pediatricians and other medical specialists. By offering immediate and ongoing care and assistance to the victims and their families, doctors play a crucial part in the detection of child sexual abuse. The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted by the Government of India to provide an extremely strong legal framework for the protection of children from offences of sexual assault, sexual harassment and pornography, by incorporating child friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts. The clinical examination of child sexual abuse, as well as its prevention, management, and reporting, need pediatricians and other health care providers to develop the necessary expertise. Regarding securing the future of our children, the law has also developed recently. But there hasn't changed much in terms of public awareness of this problem. In order to better understand this societal evil, the rights of our children and role of doctors, we aim to be as clear as possible in this paper.
27
Naincy, Goyal. "Juvenile Justice System in Comparison to Criminal Justice System in India." International Journal of Trend in Scientific Research and Development 2, no. 5 (2018): 1007–10. https://doi.org/10.31142/ijtsrd17025.
Full textAbstract:
Children and adults are treated differently as far as the legal perspective is concerned. Law considers the offence committed by the child as a delinquent act rather than a crime. Courts have established a different procedure for trial in case of a child. The child and adult not only differ in criminal proceedings but on other grounds also. They do not have the same constitutional rights as adults. The administration of justice system has a different perspective in case of an offence committed by a child. If an offence is committed by an adult, it is perceived as a crime and he or she is taken under legal consideration for the same. On the other hand, if an offence is committed by a child, the court observes the delinquency of the act. However, there is an exception in some case where the child can be treated as an adult. The main objective of the juvenile justice system is to make sure that the child is rehabilitated so that he or she does not repeat the same crime in future. In an adult justice system, the main objective is to threaten the accused by way of punishment so that he or she should not commit such heinous offences in future. Naincy Goyal "Juvenile Justice System in Comparison to Criminal Justice System in India" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: https://www.ijtsrd.com/papers/ijtsrd17025.pdf
28
Naveen, Alagarasan, and Biplab Rath. "Changing Paradigm of Criminalizing Adolescent Sexuality in India." Indian Journal of health sexuality and Culture 8, no. 2 (2023): 100–102. https://doi.org/10.5281/zenodo.7505176.
Full textAbstract:
Adolescence (between 10 and 19 years) is a crucial phase of life where the transition from childhood to adulthood occurs with significant biological and psycho-social developments (Kar et al., 2015; World Health Organization, 2022). Their sexuality attains new dimensions with increasing sexual desires, curiosity, and experimentation with the opposite gender due to the surge in hormones, especially after puberty. Further, present-day adolescents have easier and instant online access to vast content than their previous generations. Not surprisingly, the influence of cinemas and social media contributed to increasingly prevalent romantic relationships during adolescence which may result in unwanted pregnancies, physical, psychological, and social complications and legal consequences. Also, the ignorance of existing stringent legislation seems to be one of the most common reasons for indulging in such relationships. Protection of Children from Sexual Offences Act, 2012 (POCSO act) in India was enacted with the main objectives of protecting children from certain offenses such as sexual assault, sexual harassment, and child pornography and ensuring child-friendly procedures for trial in special courts (Ministry of Women and Child Development, 2012). Although the objectives are clear that children should be prevented from sexual offenses, the provisions may do more harm than good in a country like India, where illiteracy is still at large among the majority of the rural population. It invariably aims to punish the offenders though they are adolescents when involved in consensual sexual intercourse with or without marriage. Adolescent boys are often punished rigorously under the POCSO act on par with criminals who prey on children. However, sexual intercourse by the former mainly results from romantic relationships and is often due to the ignorance of existing stringent legislation. The rigid interpretation of section 3 of the POCSO act considers consensual, participatory sexual intercourse among adolescents as penetrative sexual assault, punished with a minimum of 10 years to life imprisonment. Hence, the future of both the adolescents is devastated in such circumstances though such relationships and sexual intercourse were innocuous.
29
Pandey, Ajit Kumar, and V. N. Mishra. "Dalit Women’s Narratives on Sexual Violence: Reflections on Indian Society and State." Social Change 51, no. 3 (2021): 311–26. http://dx.doi.org/10.1177/00490857211032727.
Full textAbstract:
Sexual violence generally leaves a mark on historical records only if such incidents come to trial. Today’s experience suggests that only a fraction of such cases have ever reached the courts in the past; and even in those cases, the evidence that survives is far from the whole story. This neglect reflects the way sexual violence against women has been so easily waved aside, mainly by men, as a marginal event, a private catastrophe doubtless, but one of little historical significance for such criminals have been generally considered as sex maniacs. Also, ingrained misogynistic caricaturing of women has always allowed people to trivialise rape and render it titillating to the pornographic imagination. It is therefore suggested that such stereotypes in turn infect the way men have written history. A major achievement of feminist history, particularly in the post-structuralist debate, has been to end this neglect and challenge this trivialisation. Drawing upon post-structuralist feminists and Indian writings, this study examines sexual violence that forms a common theme in the daily lives of numerous dalit women in India.
30
Sharma, Kanika. "The ‘Vulnerable’ Hindu Woman, Love-jihad, and the Indian Courts: The Hadiya Case - Commentary on Asokan K.M. v. State of Kerala (2017) 2 KLJ 974." Verfassung in Recht und Übersee 56, no. 1 (2023): 59–69. http://dx.doi.org/10.5771/0506-7286-2023-1-59.
Full textAbstract:
In Asokan K.M. v. State of Kerala (2017) at the behest of a disgruntled Hindu father whose daughter had converted to Islam and married a man of her choice, the Kerala High Court (HC) cast the daughter, Hadiya, as a ‘vulnerable’ woman before annulling her marriage. In this article, I place the infamous Hadiya case within a broader history of love-jihad – an ascendant Hindu nationalist conspiracy in India that asserts that Muslim men wish to convert Hindu women to Islam by feigning love and seducing them, thus posing a threat to all Hindu women, and by extension to the community and the nation itself. I then analyse the public perception and the media discourse around the trial, before turning to the Indian Supreme Court’s (SC) judgment in the case. I argue that by denouncing patriarchy and ostensibly finding in favour of Hadiya, the SC judges portrayed themselves as feminist allies, yet by allowing the National Investigation Agency to continue their ‘terror’ investigation against her husband, they not only insidiously undermined Hadiya’s decisions, but also revealed the shallowness of their feminist stance. In the last section, I appraise the rewritten feminist judgment offered by Urmila Pullat and Sandhya PR who situate themselves as the dissenting judges on the Kerala HC bench.
31
Singh, Nidhi, and Dr Parantap Kumar Das. "Impact Of NARCO Analysis On Accuracy And Reliability Evidence Obtained In Criminal Investigation In India." Frontiers in Health Informatics 13, no. 03 (2024): 5091–105. https://doi.org/10.36893/hij.2024.v13i01.5091-5105.
Full textAbstract:
The practice of narcoanalysis, a controversial investigative technique involving the administration of drugs to elicit information from suspects, has been a subject of debate and scrutiny in India's criminal justice system. This abstract explores the impact of narcoanalysis on the accuracy and reliability of evidence obtained during criminal investigations in India. Narcoanalysis has gained popularity as a tool to extract vital information from reluctant or uncooperative suspects, thereby aiding law enforcement agencies in solving complex criminal cases. However, its usage has been met with significant ethical and legal concerns, as it raises questions about individual rights, the potential for coercion, and the reliability of information extracted under the influence of drugs. This research delves into the legal framework surrounding the admissibility of narcoanalysis-derived evidence in Indian courts and its compatibility with the fundamental principles of criminal jurisprudence. It analyses key landmark cases where narcoanalysis was employed and examines the resultant impact on trial outcomes and justice delivery. Furthermore, the study investigates the scientific validity and credibility of information obtained through narcoanalysis, considering the effects of drugs on memory recall and the possibility of false confessions or fabricated statements. Psychological factors influencing the reliability of narcoanalysis-derived evidence are also explored. To gain a comprehensive understanding, the research incorporates comparative analyses with other investigative techniques, such as traditional interrogation methods, polygraph tests, and modern forensic advancements, to assess the relative effectiveness of narcoanalysis in enhancing the accuracy of evidence. While it may provide crucial breakthroughs in certain cases, its potential for violating individual rights and producing unreliable information requires stringent safeguards, including strict adherence to ethical guidelines, informed consent procedures, and judicial oversight. Ultimately, this abstract highlights the ongoing debate surrounding narcoanalysis in the Indian criminal justice system and advocates for further research and discussion to establish its appropriate role in balancing the pursuit of truth with the protection of individual liberties and ensuring the reliability of evidence in criminal investigations.
32
Chronowski, Nóra, Boldizsár Szentgáli-Tóth, and Bettina Bor. "Resilience of the judicial system in the post-Covid period: The constitutionality of virtual court hearings in the light of the COVID-19 pandemic." Hungarian Journal of Legal Studies 64, no. 3 (2024): 413–34. http://dx.doi.org/10.1556/2052.2023.00468.
Full textAbstract:
AbstractDuring the 2010s, technological development created the opportunity to hold online hearings, when the parties are physically distant from each other, when their personal appearance would entail significant threat to them, or when external circumstances would impose additional barriers for interested stakeholders to appear in the courtroom. As a consequence, amongst others, the Belgian Constitutional Court heard a case concerning the constitutionality of such trials, and rejected this new form of judicial operation due to numerous constitutional concerns. Nevertheless, the context of such controversies changed significantly during the pandemic, and in the light of the public health risks several judicial bodies decided to continue most of their operations through digital means. As a result, the holding of numerous online trials was ordered. Obviously, losing parties often submitted remedies against the incorporation of these platforms into judicial work by claiming the violation of their right to fair trial. For instance, the French Constitutional Council, the Spanish Constitutional Tribunal, as well as the Supreme Courts of Austria, Norway, Costa Rica and India assessed the constitutionality of these trials during the public health emergency, and in most of the cases, the application of online hearings was upheld. Bearing in mind this tendency in the relevant case law, one should argue that the rapidly evolving technological landscape requires the reconsideration of our attitudes towards online hearings: it should be clarified which grounds are acceptable justifications for ordering online trials during ordinary periods, and how the analysis is affected by unforeseen extra-ordinary circumstances. Online, or partly online proceedings may provide greater flexibility for both the court and the parties, and could also support the efficiency of judicial work, however, the main fair trial safeguards should be maintained. Our contribution will conceptualize this issue, and will provide a deeper understanding of the constitutional implications of remote trials.
33
Sneha, Sunil Arekar. "AI in Criminal Justice System-Risk , Assessment and Sentencing." International Journal of Scientific Development and Research 9, no. 3 (2024): 510–12. https://doi.org/10.5281/zenodo.11242455.
Full textAbstract:
AI as a tool to enhance today’s Justice System is one of the most efficient source . The main perspective in developing AI is to reduce delay in delivering Judgment. Right from registering FIR , conducting trial , recording statements and deciding the punishment necessary to be given for a particular nature of crime. There are merits and demerits of involving AI . Merits- 1. No delay in recording statements of victim. 2. Trial system can be improved as there will be no losses of evidence. 3. Efficiency in working . 4. Over burden of cases over courts can be reduced. Demerits- 1. Evidentiary value of statements recorded will have to be admitted according to 65B of Indian Evidence Act . 2. Application of mind to understand the justice, good conscience and equity . 3. Infringement of privacy due to data collection. 4. Risk of suppressing the motive of Judiciary to protect the trodden and vulnerable group as AI cannot bifurcate human approach towards actions. 5. Technical issue like accident claims can be dealt under AI but same cannot be applied for Criminal Laws. While concluding AI tool is used in other countries same is our idea in including AI in a vast country like India where all the laws abide by the Constitution and if we depend on AI for Justice it will shake the basic structure and also due to many lacuna the believe of people in justice system will be somewhat degrading. Prevention of Crime through AI can be carried successfully thus it is more efficient for the Police System rather than the Justice System. Analytical Methodology is followed in the above mentioned paper. It is totally the observation of writer.
34
Xavier, Fernando Cesar Costa. "Animal rights and environmemntal rights in Brazilian Supreme Court." Law Enforcement Review 2, no. 1 (2018): 133–40. http://dx.doi.org/10.24147/2542-1514.2018.2(1).133-140.
Full textAbstract:
The subject. The article analyzes the arguments of the Federal Supreme Court of Brazil, used in the consideration of disputes concerning animal rights, in comparison with the developments of theorists in this field.The purpose of the article is to justify the necessity of respect for the rights of animals and the “animal dignity” by the courts.The methodology includes formal-legal analysis of courts’ decisions, comparative-legal analysis and synthesis as well as formal-logical analysis of scientific researches in the field of animal rights.The main results and scope of application. It is wrong to claim that the Brazilian Supreme Court decision in “Vaquejada” case (or even in “Farra do Boi” or cockfights cases) would be an increase in the process of a supposed recognition of animal rights in the Brazilian constitutional jurisdiction. In such cases, most of the Judges who participated in the trial pondered and reinforced the prevalence of environmental law, including it wildlife protection (and non-submission of the animals to cruelty), pursuant to Art. 225, § 1, VII, of the Brazilian Constitution. In this way, it would have been disregarded the categorical difference between environmental law and animal rights. The Constitution itself encourages confusion between those categories when dealing with the prohibition of animal cruelty in a chapter on the environment (chap. VI). This article argues that the focus on the statement of environmental law, the Supreme Court allows them to be strengthened arguments considered as obstacles to the defenders of animal rights, particularly the anthropocentric argument that the balanced environment is important to make possible to human beings more quality of life. Analyzing the decisions, especially in of Vaquejada and Farra do Boi cases, it appears that points many important analyzed in the theoretical debate about animal rights, such as the notions of “animal dignity” and “flourishing life” are totally neglected. The article uses widely the arguments presented by Martha Nussbaum in her text Beyond “Compassion and humanity”: Justice for Nonhuman Animals, particularly to show that the approach of “capabilities” developed by it can provide a better theoretical orientation of the approaches Kantian contractualism and utilitarianism to the animal rights, mainly because it is able to recognize the breadth of the concept of “animal dignity”. It is considered that the central point to be faced in order to recognize the rights of animals is the one raised by the High Court of Kerala in the case of Nair v. India Union (June 2000), which Nussbaum highlights as the epigraph of the her text: “Therefore, it is not only our fundamental duty to show compassion to our animal friends, but also to recognize and protect their rights [...] If human beings have a right to fundamental rights, why not animals?”.Conclusions. Understanding the prohibition of animal abuse as a measure of environmental protection for the benefit of present and future generations is incorrect and does not take into account the basic principles that form the core of animal rights.Brazilian law will go a long way towards protecting animal rights when (and if) it expressly recognizes that animals (at least some of them) are creatures created for a decent existence”; when, for example, it permits the trial of habeas corpus filed in favour of a bull locked up in a farm or slaughterhouse.
35
Dey Sarkar, Soma, and Subhajit Bhattacharjee. "A Study on Resolving Disputes in Trial Courts through Online Dispute Resolution in India." Revista Brasileira de Alternative Dispute Resolution 5, no. 10 (2023). http://dx.doi.org/10.52028/rbadr.v5i10.art15.ben.
Full textAbstract:
Byzantine methods and cumbersome process clog the approximately 672 district courts and their subordinate courts, which is the first door to access for violation of rights for the common citizenry. India is an emerging economy slated to become one of the topmost economies in the world in future years. With an overwhelmingly large population of smartphone users, which is almost 55% of the people with an average age of 28, it can only be estimated that the numbers will grow exponentially. One of the benchmarks for tracking the growth of a democratic polity along with emerging markets is the quality of the justice delivery system. The justice delivery system in India, with the courts being in the eye of the storm, is often harshly criticized for working at a snail’s pace, mainly due to a lack of infrastructure and judges and a burgeoning population of litigants. The last reason is substantiated by the fact that the majority of people repose their constant faith in institutional adjudication of disputes. So, the question is how dispute resolution can be time-bound? Now, considering the above facts and putting them in perspective, i.e., a young working population with smartphones having access to justice to resolve their personal or professional feuds, or be it a company, body of persons, or the biggest litigant of all, the government if in a specific criminal, civil proceeding, can settle the dispute having online access to court process it will help immensely in resolving disputes and claims on time. The authors suggest measures to implement the procedure and method to address and effectively implement the online mechanism in trial courts involving all concerned and interest parties and usher a new vista in the justice delivery system.
36
Chandrakar, Tripti. "Statistical Analysis on Dowry Cases in India." Research Journal of Humanities and Social Sciences, December 25, 2021, 235–38. http://dx.doi.org/10.52711/2321-5828.2021.00042.
Full textAbstract:
It has been seen from the last decade that the misuse of un-exempted provisions of dowry law been increasing and in result the other party is facing the world with great loss. A long delayed case of dowry has been pending in district courts just due to clashes of hard provisions of law and lack of evidences. Even just after the complaint a woman can claim and complaint of other additional things as a right of wife like maintenance which leads to makeable financial burden on man irrespective of his financial and social position. Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. The NCRB’s ‘Crime in India’ report categorizes crimes various heads of the IPC. If one looks at the respective conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have one of the lowest conviction rates. In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the bottom three. This study concentrates on the effects of misuse of dowry law on man which has always been neglected. In India the trial courts are just filling their duty by giving dates of hearing and due to this delay the husband and his family members are paying which deteriorates their life without any fault. This research aims to count the loss of man and his family on monitory and social term specially the cases pending long before the trial courts.
37
Shaikh, Shazia. "Law and Media Trial in India." Journal of National Law University Delhi, May 19, 2022, 227740172210968. http://dx.doi.org/10.1177/22774017221096889.
Full textAbstract:
Media is often termed as the fourth pillar of India; it is an indispensable part in keeping democracy alive and reaching out to the masses. The media plays an instrumental role in educating and delivering the truth to people. However, in recent times, the media has exceeded its role by bringing its lens into the courtrooms and setting up its own trials, parallelly. The transition from responsible reporting to investigating various high-profile cases or cases of infamous crimes has made the media trial a common practice. From aiming to grab the highest television rating points to trying to stay relevant in the changing times, the media has overstepped its own boundary. The unconscious transition in its role has not only interfered with the fair administration of justice but also pressurised the judiciary to act in a certain way. It has, also, hampered the fundamental and constitutional rights of both the accused and the victim of a crime. The courts have always, unfailingly, guarded the freedom of press, and they continue to do so. However, the judiciary sensed trouble in certain cases when the media began to deliver its own verdict before the evidence was verified or the guilt proved. It is here that the need to demarcate a line arose in order to ensure the media remains well within its job of fair reporting. In an attempt to contain this adverse effect of the media, the legislature and the judiciary have attempted to frame rules and guidelines to that effect. This article attempts to discuss the various facets of media trials and the laws pertaining to them.
38
DEVYANSHI, GUPTA. "Unreliability of Hearsay Evidence in Trial Proceedings." June 28, 2023. https://doi.org/10.5281/zenodo.8089106.
Full textAbstract:
Hearsay is one of the important and oldest concepts in Evidence law. Hearsay evidence is a widely recognized concept, however, it is still not completely admissible in Courts. The Court does not recognize hearsay as a reliable and trustworthy form of evidence. The concept of hearsay emerged in India through the Indian Evidence Act. The Act does not define ‘Hearsay’ anywhere. However, there have been multiple views on Hearsay and different judges interpret the concept differently. As per the general view, a Hearsay can be defined as any statement which is made out of court and which is used to prove the truth of the concerned subject matter. An important case law which broadly discusses hearsay is <em>Kalyan Kumar Gogoi vs Ashutosh Agnihotri & Anr.</em>[1] The Court in the said case states that hearsay includes whatever a person is heard to say or whatever a person declares on the receipt of the information provided by someone else. The sayings or the action of someone else other than the parties in dispute, if produced as evidence, is termed as ‘irrelevant’. As per the case, anything which is heard and seen directly by a person’s own eyes and ears is said to be relevant and is admissible. Hearsay Evidence is generally excluded and is not admissible due to various reasons, the same has been discussed in the subsequent part of the paper. The history of hearsay evidence dates back to the 1400s. The concept of hearsay was gradually acknowledged in the 1500s when people were produced before Courts and the court recognized the fact that statements made upon oath were reliable. It was a gradually accepted concept. Later the concept of hearsay was accepted as corroborative evidence in Court but not as sole and single-handed evidence. Further, various exclusions to hearsay were recognized and it was concluded that hearsay is not admissible evidence in courts barring some exceptions. In India, the law of evidence traces back its root to the Vedic period. It was recognized by Dharma Shastra, to help in ascertaining the truth. It was also a significant part of the Muslim rule of law and played an important role in reaching decisions and conclusions in judicial proceedings. \
39
Malik, Neeraj. "WITNESS RELIABILITY IN CRIMINAL TRIALS." ShodhKosh: Journal of Visual and Performing Arts 5, no. 1 (2024). http://dx.doi.org/10.29121/shodhkosh.v5.i1.2024.2279.
Full textAbstract:
Indian courts accept and analyse witness testimony under the 1872 Evidence Act. Section 118-134 allows courts to hear several witnesses and preserve testimony. Under Section 154, courts can cross-examine opposing witnesses. Section 134 gives child witnesses special standing and needs no minimum number of witnesses to prove a fact. India's complicated justice system prioritises witness intimidation, protection, and fair trials for all. Indian law establishes truth and justice through eyewitness testimony. In India's criminal justice system, psychological, social, and environmental factors impact witness reliability. Human memory, misremembering, societal pressure, delayed testimony, and environment can impair witness credibility. Memory is imperfect and impacted by illumination, distance, and witness mental and physical state. Witnesses may lie or recant due to social pressure, therefore courts formed the Witness Protection Scheme, 2018. Delays and other factors can taint evidence and decrease witness recall. In India, hostile witnesses and perjury can impede criminal proceedings. The Indian testifying Act, 1872, covers hostile witnesses, whereas the IPC 191–193 covers perjury, which carries a seven-year jail sentence and a fine for court-related false testimony and three years for other cases Active hostile witness and perjury management is essential to resolve these issues and maintain witness confidence in India's criminal justice system. The 2018 Indian Witness Protection Scheme safeguards witnesses and evidence in key cases. Witnesses in three danger categories get police protection, regular monitoring, temporary relocation, and identity changes. Protective state Witness Protection Funds are also created. Implementation is complicated by funding, agency collaboration, and law enforcement's protection. The Indian Supreme Court values trial witness comfort, respect, and cross-examination independence. Technology and law have boosted witness credibility, and COVID-19 has expanded trial video conferencing. The Law Commission of India endorses video conferencing and witness reliability devices. India may extend the Witness Protection Scheme, standardise video conferencing, teach judges, attorneys, and court workers, employ pre-recorded video evidence, improve witness tampering and perjury rules, and prepare witnesses.
40
Malik, Neeraj. "WITNESS RELIABILITY IN CRIMINAL TRIALS." ShodhKosh: Journal of Visual and Performing Arts 5, no. 7 (2024). http://dx.doi.org/10.29121/shodhkosh.v5.i7.2024.2279.
Full textAbstract:
Indian courts accept and analyse witness testimony under the 1872 Evidence Act. Section 118-134 allows courts to hear several witnesses and preserve testimony. Under Section 154, courts can cross-examine opposing witnesses. Section 134 gives child witnesses special standing and needs no minimum number of witnesses to prove a fact. India's complicated justice system prioritises witness intimidation, protection, and fair trials for all. Indian law establishes truth and justice through eyewitness testimony. In India's criminal justice system, psychological, social, and environmental factors impact witness reliability. Human memory, misremembering, societal pressure, delayed testimony, and environment can impair witness credibility. Memory is imperfect and impacted by illumination, distance, and witness mental and physical state. Witnesses may lie or recant due to social pressure, therefore courts formed the Witness Protection Scheme, 2018. Delays and other factors can taint evidence and decrease witness recall. In India, hostile witnesses and perjury can impede criminal proceedings. The Indian testifying Act, 1872, covers hostile witnesses, whereas the IPC 191–193 covers perjury, which carries a seven-year jail sentence and a fine for court-related false testimony and three years for other cases Active hostile witness and perjury management is essential to resolve these issues and maintain witness confidence in India's criminal justice system. The 2018 Indian Witness Protection Scheme safeguards witnesses and evidence in key cases. Witnesses in three danger categories get police protection, regular monitoring, temporary relocation, and identity changes. Protective state Witness Protection Funds are also created. Implementation is complicated by funding, agency collaboration, and law enforcement's protection. The Indian Supreme Court values trial witness comfort, respect, and cross-examination independence. Technology and law have boosted witness credibility, and COVID-19 has expanded trial video conferencing. The Law Commission of India endorses video conferencing and witness reliability devices. India may extend the Witness Protection Scheme, standardise video conferencing, teach judges, attorneys, and court workers, employ pre-recorded video evidence, improve witness tampering and perjury rules, and prepare witnesses.
41
Chadha, Vaibhav, and Deepali Poddar. "The Right to Silence Under Scrutiny: Unveiling the Significance of Section 313 of the Code of Criminal Procedure of India." Statute Law Review 44, no. 3 (2023). http://dx.doi.org/10.1093/slr/hmad011.
Full textAbstract:
Abstract The often-overlooked provision of criminal law, which holds significant importance is section 313 of the Code of Criminal Procedure 1973. Section 313 grants the accused an opportunity to provide their statement, ensuring their right to be heard and preventing self-incrimination. This article explores the background, evolution, and objectives of section 313 CrPC, as well as its alignment with the principles of natural justice. The main aim of the article is to demonstrate how India still falls short in upholding the right to silence as per section 313, through a detailed analysis of various judgments passed by the Supreme Court of India, and laws enacted in other jurisdictions around the world. The article addresses the issue of Indian courts using adverse inferences from an accused person’s silence, which conflicts with Article 20(3) of the Indian Constitution. It argues that drawing such inferences should be reconsidered by the courts, as it contradicts important legal principles and undermines the right to a fair trial.
42
-, Iqra Firdous, and Shahnaz -. "Best Interest or Religious Laws- The Paramount While Deciding Child Custody in India." International Journal For Multidisciplinary Research 6, no. 3 (2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i03.21339.
Full textAbstract:
When a married couple decides to separate, the person who suffers the most is the child born out of the marriage. He faces the trial before the actual trial begins and witnesses separation before the actual separation is pronounced by the courts. India is a secular country and people here follow different religions and each religion has a different set of child Custody laws through which parents can seek custody. Earlier it was the 'Right of parents ' that hold weight but now it's the 'Right of the Child ' which forms the basis for determining the custody issues. The main aim of this paper is to emphasize whether the Supreme court of India has achieved the principles of best interest/welfare and safekeeping of the child or the personal/ religious laws have influenced the decision making therewith.
43
S., Krishnan. "TRIAL BY MEDIA: CONCEPT AND PHENOMENON." April 11, 2018. https://doi.org/10.5281/zenodo.1220500.
Full textAbstract:
A media shackled by its government is an unhealthy thing; however, a media allowed to run its mouth in an unaccountable manner may prove to be even more dangerous. While there must be punishments for the heinous crimes committed every day, the process of punishment should not encroach on the right of the accused for a free and fair trial in a Court of law. The problem of media trials is becoming more and more prevalent today. This article tries to analyse the problem of media trials by studying the various materials available on the topic, such as newspaper articles on the most famous media trials of India. I have come to the conclusion, after a fair analysis, that while the freedom of the press must be maintained in a country governed by the principle of ?rule of law?, there must be a certain restraint to prevent the media from encroaching on the sole jurisdiction of the Courts of law i.e., the administration of justice.
44
ASHISH SHARMA, YOGENDER SINGH. "A STUDY ON THE PENDENCY OF CASES IN INDIAN COURTS VIS-À-VIS HUMAN RIGHTS." Russian Law Journal 11, no. 1S (2023). http://dx.doi.org/10.52783/rlj.v11i1s.550.
Full textAbstract:
In a progressive and developing society, one of the sound principle of the criminal justice system is that “Justice delayed is justice denied’. The delay in dispensation of justice adversely affects the two important fundamental rights which are, Right to access justice and the rule of Law. Both are the part of the Indian Constitution. In various decisions, the Indian Supreme Court has under scored the importance of expeditious trial. Right to speedy trial is one of the facet of the Right to life and personal liberty under Article 21 of the constitution of India. According to the Ministry of law, there are nearly five crore cases are pending as of now in courts3. India is on the top in pending of cases across the globe. In spiteof the establishment of the tribunals, the situation of pendency is becoming worse. There are various reasons which can be attributed to the situation of pendency of cases. Among them some are; awareness of the legal rights by the people, emergence of new ways of access to justice such as RTI and PIL, inadequate number of judges in courts. Government needs to take initiative in controlling the backlog of cases so that time justice could be imparted to all segments of the society. In present time, the pendency of cases is directly connected to the issue of human rights. Pendency of a case in the court of law endangers numerous human rights. This research paper attempts to examine the various loopholes which leads to the pendency of cases in Indian courts and violates the human rights.
45
Malik, Neeraj. "ADMISSIBILITY OF CONFESSION UNDER INDIAN EVIDENCE ACT, 1872." ShodhKosh: Journal of Visual and Performing Arts 4, no. 2 (2023). http://dx.doi.org/10.29121/shodhkosh.v4.i2.2023.2342.
Full textAbstract:
In Indian criminal law, confessions are defined by the 1872 Indian Evidence Act. Confessions of guilt have legal implications. The Act classifies admissions as judgemental, out-of-court, and retracted. Judgemental confessions are admissible, whereas extrajudicial confessions are examined for pressure. Retracted confessions are carefully reviewed and may need third-party verification. Coerced, forced, or promised confessions and law enforcement confessions are illegal. Voluntary confessions protect the accused's identity. Mind, confession, and accused rights awareness determine voluntariness in court. Legal balance between law enforcement and private liberty ensures confession voluntariness in India. Other states prohibit forced confessions less strongly than the Indian Evidence Act. Unique to India, the Act forbids police confessions. Torture is defined, investigated, compensated, and punished under the 2017 Prevention of Torture Bill. It must be narrowed to balance law enforcement and freedoms enjoyed by individuals. Law enforcement and personal liberty deal effectively with detainee admissions. The Indian police and judge approach confessions differently to avoid prisoner torture and coercion. Section 25 of the Indian Evidence Act forbids police admissions for wrongdoing and power imbalance. According to Section 164 of the Code of Criminal Procedure, magistrate confessions are voluntary and honest. Courts consider the confession's conditions, medical records, and the accused's education, social status, and mental health. Criminal confession retraction affects trial evidence and poses admissibility and evidentiary value questions. Retracted confessions are less trustworthy than uncontested ones, thus courts must closely check them before convicting. If followed, procedural and technological flaws do not invalidate confessions, but Section 164 noncompliance does.
46
Sharma, Madhuker. "Compensatory justice to the victim of a crime and judicial practices in India: An empirical study." International Review of Victimology, November 7, 2021, 026975802110512. http://dx.doi.org/10.1177/02697580211051213.
Full textAbstract:
The Constitution of India guarantees that justice shall be delivered to all. The duty to ensure that justice delivery is accessible to all is entrusted to state bodies. The legislature is expected to ensure that the legal framework is there, the executive is expected to ensure that all infrastructural needs of the justice delivery system are in place, and the judiciary is expected to ensure that justice is delivered in their area. This paper deals with the issue of delivery of victim justice, with a special focus on compensatory mechanisms laid down under the Code of Criminal Procedure 1973. The Code empowers the courts to award compensation to the victim of a crime to ensure his/her rehabilitation. In light of the observations made by the Supreme Court of India that the trial court judges do not exercise their discretionary power under the relevant statutory provisions to award compensation to the victims of a crime, this paper explores the extent of such failure and the reasons behind it.
47
Joshi, Jayat. "‘An Alternate Conclusion of Misadventure’: Construction of the Female Body in Rape Trial." ANTYAJAA: Indian Journal of Women and Social Change, February 13, 2022, 245563272110682. http://dx.doi.org/10.1177/24556327211068299.
Full textAbstract:
I aim to examine the discursive construction of the female body and the definitions of rape and consent in the language used in the Indian courtroom. In order to do so, I locate my analysis in two recent controversial judgements— Mahmood Farooqui v. State (Govt. of NCT of Delhi), 2017 and Vikas Garg and others v. State of Haryana, 2017—both of which reveal how judicial discourse produces female (and male) bodies as normalized sites of a distorted sexuality. Further analysis shows the limitations of legal grammar and semantics in envisaging the female body outside of categories existing in relation to men, and the failure of the judicial apparatus when such classifications crumble. To develop this analysis, I chiefly draw upon the writings of scholars of legal feminism and a scrutiny of reports of the Law Commission of India. The purpose of this article is therefore to arrive at an understanding of the subject of the law as not merely a theoretical, objective entity but as a product of a gendered, variable ideological context, thereby exposing the weaknesses of the linguistic construction of the female body and how it affects decisions of the courts.
48
DSOUZA, RUDOLPH. "REFORM THE JUSTICE SYSTEM TO PREVENT FUTURE INJUSTICE." June 4, 2021. https://doi.org/10.5281/zenodo.4899760.
Full textAbstract:
<strong>According to records available at the Supreme Court of India website, there are currently more than 44 million cases (4.4 crores) pending in Indian courts. As of April 2021, the number of pending cases in the Supreme Court are around 62000, more than five and half million cases in High courts (57.53 lakhs) and more than 38 million (3.81 crores) cases in lower courts.</strong> <strong>One of the primary reasons for such a backlog is nexus between police, lawyers and judges. This nexus is responsible for promoting corruption and has other vested interests for doing so. Specially they favour feminists who are promoting false cases and vexatious litigations. The nexus gave the feminists free hands as there are no penal provisions for filing a false case. Since our laws have lots of loopholes and are biased, there is no fear of abusing the process of law or judiciary in the vexatious litigants. It is a fun ride for any malicious litigant without any fear of repercussion of any sorts especially if the litigant is a woman. The impact of this tsunami of false cases is that the genuine cases never see the light of the day and are buried deep down with an endless trial. While this fun ride for malicious litigants continues at the expense of innocent respondents abusing judicial process, it not only delays the justice but also ruins an innocent person's life and career including his family, relatives, etc. The grip of vested interests, biased laws and corrupt judicial and police system is of such an extent that even politicians or wealthy movie star cannot escape from this pandemic of LEGAL TERRORISM.</strong> <strong>In the constitution of India, every citizen has been given several rights and since the rights are provided, but there many occasions infringement, violation of those rights as well, to fix these all these misuse and violation sometimes Judiciary comes up with some new development, and eCourts is one of them. e-Courts project envisions a judicial system that is more accessible, efficient and equitable for every individual who seeks justice, or is part of the delivery of justice, in India.</strong> <strong>e-Courts, Digitalisation, CIS software, e-filing, digitally enabled hearings or virtual court is not a BAD idea, but who will train non-tech savvy Judges and litigants. E-Committee is founded in 2004, even after 15 years most of the district courts are not connected on the network.</strong> <strong>Police file False cases, Lawyers fight for criminals, Politicians and Rich, Judges give biased one-sided judgments, and those acquitted after decades on false case Indian government is not giving any compensation nor there is any Accountability for misusing law, punishment for filling false case, no departmental action against Police, lawyers for manipulating and for taking bribe from criminals to trap innocent.</strong> <strong>The India legal system even after 75 years of Independence still looks like a domineering and pretentious British vestige appearing to belong to an elite class, Politicians and influential, away from</strong> <strong>the people and the country. As a matter of fact, the present system of justice is totally out of time, ram shackled and not tune with democratic procedures and norms that please only a certain section of the society with vested interests and biased laws specially meant only for women. No person should above law, Law should be equal to all citizens there should be proper proposals and plans for reforming the system from the ground up. Some of the key suggestions include Accountability, improvements to contempt of court and impeachment proceedings, improvement of judicial infrastructure, enforcing integrity codes for judges and lawyers, Therefore, there is an immediate need to restructure the entire judicial system to make it answerable to the needs of a democratic, progressive society.</strong>
49
Qureshi, Daniyal. "Witness Protection: An Imperative for Criminal Justice." Journal of Victimology and Victim Justice, February 13, 2022, 251660692110696. http://dx.doi.org/10.1177/25166069211069698.
Full textAbstract:
India is one of the few democracies in the world that does not have a witness protection law in spite of such high crimes rates. The incompetence of the bureaucratic setup of democracy condemned the criminal justice system to being reduced to a mere namesake. This article attempts to provide an understanding of the condition of a witness in the criminal justice system. Without any witness protection laws, the courts have suffered from having to afford security and protection to the citizens that present themselves to testify before the court. Witnesses turn hostile in such a large number of cases and are exposed to threats and manipulation in the course of any criminal proceedings. The legislative efforts in the past have largely failed to provide any solution to this problem. While it is undoubtedly contented that witness protection is non-dispensable for a fair trial, this article explores the avenue of whether witness protection could be a judicial function. While most jurisdictions across the world run witness protection programmes through the executive, these programmes are wildly transparent and directly answerable to the government. However, in India, given the vast population of the land and the already available infrastructure of the courts and the concerns regarding a full-fledged witness protection programme expressed by various sources from the government over time, it takes considerable deliberation to vest power in the judiciary for an efficient criminal justice system. Nonetheless, at present, the 2018 scheme of witness protection is the only legislative entity available to the criminal justice system which is inexecutable and offers little relief to the problems.
50
Chilbule, Dhanshree. "Plea Bargain." International Journal of Advanced Research in Science, Communication and Technology, March 24, 2021, 404–5. http://dx.doi.org/10.48175/ijarsct-911.
Full textAbstract:
In India Courts are overburdened with litigations. There are so many reasons for over burdening but one of the good reason is that proportionately to the case number of courts are less, and applications of procedural law consumes lot of time and it result into delay. “Justice Delayed is Justice Denied” that is the reason people usually frustrate by litigations in India. Recently there is a good realization amounts all stockholders of law that there should be quick disposal of cases and prompt justice delivered system. Considering this aspect, to lessen the burden of court alternate dispute resolution system is encouraged and having good result in the form of mediation and arbitration. Even civil courts under section 18 resort to settle the matter through mediation. In criminal arbitration of justice now fast track courts are doing very good role and delay in criminal trials to some extent is minimize may not be fully controlled. But for that we have to give credit to Supreme Court of India by giving directions in number of Public interest Litigation started from Hussainara Khatun & Others Vs Home Secretary, State of Bihar ( 1979 AIR 1369,1979 SCR(3)532). There is also a one thought to introduce plea bargaining in India. Plea bargain usually occurs any time before verdict is passed. Good thing about Plea Bargain is that it concludes a criminal case without a trial. PLEA BARGAINING IN INDIA Prior to the Criminal law (Amendment) Act, 2005 the concept of Plea Bargain was totally unknown. In state of UP vs Chandrika( AIR 2000SC 164) and Kripalsingh Vs State of Haryana 2000(1) Crimes 53 (SC). Supreme Court of India observed that the concept of Plea Bargaining is against the Public Policy and further said that neither that trial Courts nor High Court has Jurisdiction to bypass the minimum sentence prescribed by the law. Before proceeding to plea bargaining the concept now started introducing in India, it would be good known what is pleas bargaining. There is no perfect or simple definition of Plea Bargaining. Simply we can put it and say that a plea bargaining is a contractual bargaining between the prosecution and in defendant accused concerning disposition of a criminal charge. However, unlike other contractual obligations it is not enforceable until a Judge approved it. From the point of view accused means who trends conviction and demand lesser sentence where he likely to be convicted. As researcher written about that the Plea bargaining, introduced in India from the year 2005 and not earlier. But there are certain provisions n earlier Acts also i.e. provision in chapter XXI of Crpc. The same has taken place through amendment I criminal law (Amendment) Act, 2005 and came into the effect from July 2005. Recognizing that there are significant differences in criminal procedures as well as in the role and status of various agencies in different countries, the Act does not give recognition to any existing practice akin to plea-bargaining. Instead, it lays down procedures with a distinct feature of enabling an accused to an application for plea bargaining in the court where the trial is pending. The Act further requires the court after receiving the application, must examine the accused in camera to ascertain whether the application has been filed voluntarily. Once the court is convinced that the accused is participating, in the plea-bargain voluntarily, the court must then issue notice to the Public prosecutor or the complainant to work out a mutually satisfactory disposition of the case. The negotiation of such a mutually acceptable settlement is left to the free will of the prosecution (including the victim) and the accused. If a settlement is reached, the court can award compensation based on it to the victim and then hear the parties on the issue of punishment. The Court may release the accused on probation if the law allows for it; if a minimum sentence is provided for the offence committed’ the accused may be sentenced to half of such minimum punishment; above, then the accused may be sentences to one fourth of the punishment provided or extendable for such offences. The accused may also avail of the benefit under section 428 of the code of criminal Procedure, 1973 which allows setting of the period of detention undergone by the accused against the sentence of imprisonment in plea bargained settlement. The court must deliver the Judgement in open Court according to the terms of the mutually agreed disposition and formula prescribed for sentencing including victim Compensation. IT may be noted that this Judgement is final and no appeal lies apart from a writ petition to the State high Court under article 226 and 226 of the Constitution or a special leave petition to the Supreme Court under Article 136 of the Constitution. IN addition to above the Act also provides: • If the accused is a first time offender, the court will have the option of releasing him/her on probation. Alternatively, the court may grant half the minimum punishment for the particular offence. • The plea-bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of 7 years; it does not apply where such offence affect the socio-economic condition of the country or has been committed against a woman or a child below the age of 14 years; • The application for plea – bargaining should be filed by the accused voluntarily; • The statement or facts stated by an accused in an application for plea-bargaining shall not be used for any other purpose other than for plea bargaining; This was the concept of plea bargaining, in a nutshell, as included in Indian Criminal Justice Process. It would be pertinent here to understand how different the above process is from the plea bargaining as practiced in United States. In India rate of conviction is not high, on the contrary acquittal rate is more i.e. why accused do not resort to plea-bargaining. Because in plea bargaining once you accept guilt, conviction is must. When most of the accused are told that the will be acquitted by court they usually do not come forward for plea bargaining. Therefore unless and until conviction rate is not become higher, there will not be good result of plea bargaining what actually was happened in USA same cannot be happened in India immediately. The need of the time is to revamp criminal administration of the justice.