NCJ Number
55513
Date Published
1978
Length
76 pages
Annotation
THE CRIMINAL JUSTICE SYSTEM IN INDIA IS REVIEWED, WITH ATTENTION GIVEN TO POLICE INVESTIGATION PROCEDURES, BAIL, CRIMINAL OFFENSES, AND LEGAL PROCEDURES RELATED TO COURT CASE PROCESSING AND APPEALS.
Abstract
CHANGES HAVE OCCURRED IN INDIA THAT REFLECT THE SITUATION BEFORE AND AFTER INDEPENDENCE OF THE COUNTRY'S GOVERNMENT. THE DISTRIBUTION OF LEGISLATIVE POWER UNDER THE INDIAN CONSTITUTION PLACES POLICE, JUSTICE ADMINISTRATION, AND PRISONS AND ALLIED INSTITUTIONS IN ONE CATEGORY; CRIMINAL LAW AND CRIMINAL PROCEDURES IN ANOTHER CATEGORY; AND CONSTITUTIONS AND THE ORGANIZATION OF COURTS IN ONE CATEGORY. OFFENSES ARE DEFINED BY THE INDIAN PENAL CODE. OFFENSES UNDER THIS CODE ARE CLASSIFIED AS BAILABLE OR NONBAILABLE IN THE CRIMINAL PROCEDURE CODE. THE CRIMINAL PROCEDURE CODE IS DESIGNED TO PROVIDE A MECHANISM FOR THE PUNISHMENT OF OFFENSES AGAINST SUBSTANTIVE CRIMINAL LAW. THE INDIAN EVIDENCE ACT APPLIES TO CIVIL AND CRIMINAL CASES. POLICE OFFICERS ARE EMPOWERED TO INVESTIGATE CASES BY EXAMINING WITNESSES AND SUSPECTS, TO SEARCH FOR PERSONS AND PROPERTY, AND TO MAKE ARRESTS IN ACCORDANCE WITH DETAILED PROVISIONS OF CRIMINAL STATUTES. POWERS OF CRIMINAL COURTS AND TRIAL PROCEDURES HAVE BEEN ESTABLISHED TO DEAL WITH COMPLAINTS TO MAGISTRATES, SUMMONS AND WARRANT CASES, SUMMARY TRIALS, TRIALS BY THE COURT OF SESSIONS AND APPEALS. SEVENTY CASES INVOLVING EIGHT DIFFERENT OFFENSES (MURDER, RIOTING WITH MURDER, RIOTING, SERIOUS INJURY, KIDNAPPING AND ABDUCTION, DACOITY AND ROBBERY, BURGLARY AND THEFT, AND CRIMINAL BREACH OF TRUST AND CHEATING) WERE EXAMINED IN TERMS OF FOUR PROCEDURAL STAGES INVOLVED IN CRIMINAL CASE PROCESSING (INVESTIGATION, COMMITTAL, TRIAL, AND APPEAL). PROCEEDINGS WERE COMPLETED WITHIN A REASONABLY SHORT PERIOD OF TIME DURING ALL FOUR STAGES. IN GENERAL, HOWEVER, MURDER CASES RECEIVED SWIFTER DISPOSITION THAN OTHER CASES. AN INFORMED OPINION SURVEY WAS CONDUCTED TO OBTAIN DATA FROM JUDICIAL AND LAW ENFORCEMENT PERSONNEL ABOUT VARIOUS OFFENSE CATEGORIES. MOST RESPONDENTS AGREED THAT CRIMINAL JUSTICE ADMINISTRATION INVOLVED MORE TIME THAN WAS DESIRABLE. OF 57 RESPONDENTS, 38 AGREED THAT TIME LIMITS FOR POLICE INVESTIGATION, TRIAL, AND APPEAL SHOULD BE FIXED. SUPPORTING DATA ON THE FINDINGS OF ANALYSIS ARE TABULATED. APPENDIXES CONTAIN NARRATIVE INFORMATION ON THE CASE STUDIES AND THE QUESTIONNAIRE USED TO ASSESS DELAYS IN THE ADMINISTRATION OF CRIMINAL JUSTICE. (DEP)