Since times immemorial, justice is an important aspect in society. Earlier in later 17th Century when Indian Penal Code got re-established, there was informal justice delivery. Justice was discretion of King as per his own rules and procedures. Ind 1860Indian Penal Code was established to codigy the legal system wherein it was decided to treat every one alike. No matter rulers being ruled by different Kings i.e. Mauryas, Guptas etc. In earlier stages of codified legal Development, there prevailed discretion in trying British subject and Indian Subjects based upon Racisim.
An incident which puts light up[n the Racism and Inequality in justice delivery is given hereunder;
There was a Indian Judge RASH BEHARI BOSE who got promoted and was transferred to urban courts where he was faced with atttrocities . An English offender could not be tried by him because he was Indian. And it was established practice of trying English offenders by English Judges.
Criminal Justice System is mainly of two types.
- Inquisitorial and
- Adversal Criminal Justice System
INQUISTORIAL SYSTEM is where by the Courts actively involve themselves in investigating the facts of case and arrive at conclusion, decision as to Justice delivery.
ADVERSAL SYSTEM is whereby the Court merely acts as a mediator between two conflicting parties whose decisions are final and binding upon the parties.
IN INDIA, we follow Adversal System where Cpurts act as a referee between the parties and arrive at a decision.
As per the Malimath Committee Report 2013, the criminal Justice System in India have three dimensions:-
First step towards justice delivery is Police investigation after the crime has been committed. To reach at the crime spot and collect for evidences and samples of blood, semen, hair, fingerprints etc.is the primary duty of the investigating police. Further the Investigating Police also undertakes the work of registration of FIR, arrest of the accused. Investigation of statements of accused persons alongwith victim. Sending the samples for forensic discovery for getting direct evidence as regards accused towards commission of an offence. To submit all the statements and evidences in Court of law to decide at a case and arriving at a decision.
In 1902, Andrew Trazer looked into inefficiency and Undisciplined police as regards the number of police personnel with regard to Population of Country
It was established on basis of whole world that Police System can be divided into two main categories:
- London Police System
- Irish Constabulary System
IN LONDON POLICE SYSTEM police is service and not a force. It depends upon minimum police and maximum peoples participation.
IN IRRISH CONSTUBLARY SYSTEM Police is force and a a service i.e. unquestionable acceptance of superior orders and using force to provide law and order.
SIR CHARLES NAPIER is called the FATHER OF INDIAN POLICING SYSTEM who introduced civil policing system, also mentioning about unquestionable faith in order of superior. After passing of Indian Police Act 1861, Police in India was reformed.
Malimath Committee Report and a famous judgment in Supreme Court in case Prakash Singh Versus Union of India(2007) it was recommended as to separation of Investigation powers and powers to maintain Law and order in the Country
Second functionary is Prisons where the offenders are kept either they are punished or not. A serious offence allegation leads to under trial before charge has been proved. It is to protect the offenders from doing more harm to the society.
Section 53 of Indian Penal Code prescribes for punishments i.e. Simple Imprisonment, Rigorous Imprisonment, Death Penalty, Life Imprisonment. The punishments depends upon the nature and gravity of an offence
In case of good behaviour by the prisoners, they are released earlier than their completion period of punishment. For example, Generally on 2nd October i.e. on Gandhi Jayanti few prisoners are released who with good faith attended to punishment.
In case of non serious offence, there is a provision of bail wherein person(offenders) after execution of bail bonds can be released upon guarantee that offender will appear before the Court when called upon to do so.
INHUMAN TREATMENT in prisons due to overcrowding of jails. As the under trials undergo punishment much more than they will actually receive. Even in cases where the Court passes an acquittal order, the accused are not released.
IN Famous case of RUDAL SHAH VERSUS STATE OF BIHAR, an accused was kept in prison even after his punishment was over. Acquittal order was passed by the Court and he was released after 14 years of such order.
The law prevailing in other Countries as regards Anti Torture Law so that offenders (Civil) do not run away from undergoing punishment and fulfilling their liabilities. Even the punishment for hardened criminals i.e. Solitary Confinement is to be levied with regard to proper intervals so that there is no mental pressure upon the criminal die to which he takes extreme steps
COURTS THE FINAL ADUDICATION OF CASES: The Judges based upon facts and circumstances of each case, the evidences produced and mental state of accused decide upon the Punishment.
Punishment can be preventive, retributive, reformatory and expiatory. It depends upon the gravity of offence and state of guilt to the accused after commission of an offence.
PREVENTIVE PUNISHMENT is for stopping further commission of an offence. To save the society from the ill mind of the accused. For example Section 124 of Indian Penal Code, Preventive Detention Act.
RETRIBUTIVE PUNISHMENT: When Offender breaks the law, justice requires they suffer in return and that response to crime in regard to offence . For Example : Simple Imprisonment, Rigorous Imprisonment, Life Imprisonment.
REFORMATORY PUNISHMENT: When offender after commission of an offence has a realization as to his guilt and he wants to correct it. For example : A child sent to Juvenile home after commission of an offence.
EXPIATORY PUNISHMENT means where by the offender is put to same position as an victim. For example For Murder, death penalty, Eye for Eye.
In case the decision is wrong, Accused can approach the higher court for confirmation of decision, change of decision.
STRUCTURE OF COURTS
Supreme Court—High Court—District Court
Accountability of Judiciary depends upon the legislation by the parliament. Constitution maintains a balance between Legislature and Judicial powers.
Supreme Court is guardian of Fundamental Rights under art III of Constitution whereas legislature has been given power to amend the constitution except the basic structure( Art 368)
Pendency of cases and number of Judges needs to be maintained so that justice is delivered. JUSTICE DELAYED IS JUSTICE DENIED.
RIGHT TO INFORMATION ACT 2005 provides protection to Individuals who wants to make accountable who has done the wrongful acts. An information as regards the authorities as to their decision and basis of their decisions.
THE WHISTLE BLOWERS ACT provides the person exposing the wrongdoes who might have connections and would go untouched.
At the centre level, there is Lokpal to whom all the acts are accountable and at the state level, there is Lokyukta
WITNESS PROTECTION ACT is there so that the witness without any fear can depose before Court of Law and make statements as regards evidence in connection with the offence. For punishment of an accused, witnesses play a key role in establishing guilt specially eyewitness etc.
On the Administrative side, President and Governor have powers as regards justice delivery depending upon the circumstances of an accused person. Powers are of Respite, Remittance, Retrieve and Commute. It may be based upon ill health of accused or temporary suspension of the sentence.
Human nature is to fight for unlimited wants with limited resources . People commit offences which affect other Individuals and society as a whole.
Justice is necessary element in Society. Where wrongdoer is punished for commission of offences. So it is duty of Criminal Justice System to restore or to compensate the sufferer who would not have suffered