The Criminal Practice & Justice System in India

Topics: Law, India, Judge Pages: 21 (7023 words) Published: January 21, 2011



Introduction and organisational context
The Department
The history of Bombay High Court
The History of Supreme court New Delhi

The Department’s of Indin Criminal law
3.1. The Indian Penal Code
3.2. The Code of Criminal Procedure(CrPC) in India.
3.3. The Indian Evidence Act.

The debate issues in bombay high court - case laws

Aim, objectives and outputs
1.AIM - Murder; sec 300 to sec 307
2.Objectives - Bail; sec 436 to sec 450
2.1. Bailable offence
2.2. Non-bailable offence

Literature Review
3.1.Successes of Practice in Criminal Justice system.
3.2. The Failures of Practice in criminal Justice in India.
3.3 Malimath Committee recommendations


Research methodology

Research method
The Criminal Justice System; The Way forward and Reform

(1)Introduction and organisational context
1. The department
The constitution of India in its current form consists of a preamble, 22 parts containing 395 articles, 12 schedules, 2 appendices and 94 amendments to date. Although it is federal in nature with strong unitary bias, in case of emergencies it take unitary structure.

India has one of the oldest legal system in the world. Its law and jurisprudence stretches back in to the centuries, forming a living tradition which has grown and evolved with the lives of its diverse people. The judical system of India dates back to the time immemorial but its written history starts with the 'Artha Sastra' of Kautilya. But the modern judicial system in india laid its foundation stone with the beginning of the british rule in india. The present judicial system in India is relatively independent and its legal system in based on English common law. The judiicial concepts and procedures in India resemble thoes of Anglo-Saxon countries. The supreme court of India is the apex judicial institution in the country that consists of a chief justice and 25 other justies, all appointed by the president on the advice of the prime minister of India. The high court stands at the head of the state's judicial administration. Each state is divided into judicial districts presided over by a district and sessions judge, who is the hi judicial authority in a district. Below him, there are courts of civil jurisdiction, known is different states as mnsifs, sub-judges, civil judges and the like. Similarly, criminal judiciary comprises chief judicial magistrate and judicial magistrates of first and second class. This is the structure of Indian judicial system in general.

Howere, the suprem court has origina, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all disputes between the Union and one or more states or between two or more states. The Constitution gives an extensive original jurisdiction to the supreme court to enforce Fundamental Rights. Appellate jurisdiction of the supreme court can be invoked by a certificate of the high court concerned or by special leave granted by the supreme court in respect of any judgement, decree or final order of a high court in cases both civil and criminal, involving substantial questions of law as to the interpretation of the constitution. The president may counsult the supreme court on any question of fact or law of public importance. In this way, indian counstitution makes indianjudiciary a self-regulatory body. The suprem court and high courts exercise powers of superintendence and also lay the procedures for conduct of business in the courts. The powers of the supreme court are almost unlimited in terms of its legal jurisdiction. Article 141 of the indian constitution has given supreme court powers to act even as a legislative body.

In such a context has been made in this essay to analyse and evaluate the working of the criminal justice in...

Bibliography: Criminal Justice India Series (2002),Allied Publishers, New Delhi.
Constitution of India, (2005), Allahabad Law Agency, Allahabad, India
Criminal Procedure Code, (1974), Ministry of Law and Home Affairs, Government of India, New Delhi.
Epp, Chrles. 1998. The Rights Revolution; Lawers, Activists and Supreme Court in Comparative Perspective, Chicago; University of Chicago Press.
Gandhi, B.M.(1996), Indian Penal Code, Eastern Nagpur.
Gaur, K.D. (1998), A Text Book on the Indian Penal Code, Universal, Delhi.
Indian Penal Code,(1993), Ministry of Law and Home Affairs, Government of India. New Delhi.
Mukherjee, Dr. A.P. (2004), Police and the criminal Justice System in India, Dialogue July-September, 2004, Volume 6 No.1.
Malimath Committee (2003) Report on Reforms of the Criminal Justice System, the Ministry of Home Affairs, Government of India, New Delhi.
Pillai, P.S. Achuthan. (1995), Criminal Law,Eastern Lucknow.
Sathe, S.P.(2002), Judicial Activism in India: Transgressing Borders and Enforcing Limits, oxford University Press, New Delhi.
Shankar Gopalkrishnan (2003), Recommendations of the Malimath Committee on reforms of the Criminal Justice System, PUCL May,2003.
Ratanlal-Dhirajlal,(1993), The Law of Evidence, 19th Edition , Wadhwa & Co, Nagpur.
Ratanlal-dhirajlal,(1993), Indian Penal Code, 28th Edition, Wadhwa & Co, Nagpur.
Rao Venugopal. (1991), Criminal Justice, Konark Publishers, Pvt. Ltd.,New Delhi.
Raghavan R.K.(2006), World Factbook of Criminal Justice System, in the following webpage, date 18/04/2006).
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