RECENT INNOVATIONS IN THE CRIMINAL JUSTICE SYSTEM IN INDIA (FROM INNOVATIONS IN CRIMINAL JUSTICE IN ASIA AND THE PACIFIC, 1979, BY WILLIAM CLIFFORD AND S D GOKHALE SEE NCJ-60211)

• NCJ Number: 60218
• Author(s): S BALAKRISHNAN
• Date Published: 1979
• Length: 34 pages
• Corporate Author: Australian Institute of Criminology
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

INNOVATION IN THE CRIMINAL JUSTICE SYSTEM IN INDIA INCLUDE CHANGES IN INVESTIGATIVE PROCEDURE, AND AT THE TRIAL STAGE. OTHER CHANGES ARE OUTLINED AND PROBLEMS SPECIAL TO INDIA ARE DISCUSSED.

Abstract

THE CONSTITUTION OF INDIA, EFFECTIVE SINCE 1950, PROVIDES FOR JUSTICE TO BE ADMINISTERED THROUGH THE CENTRE (RESPONSIBLE FOR LEGISLATIVE AND EXECUTIVE FUNCTIONS) AND THE STATES (CORRESPONDING FUNCTIONS ON THE STATE LEVEL). A NEW CODE OF CRIMINAL PROCEDURES WAS ENACTED IN 1973, AND A NEW INDIAN PENAL CODE AWAITS APPROVAL. IN THE 1973 CODE, THE POLICE RETAINED THEIR ESSENTIAL POWERS, BUT SAFEGUARDS WERE ESTABLISHED TO PREVENT ARBITRARY ARREST, LIMIT CUSTODY DURING INVESTIGATION, PROVIDE MEDICAL EXAMINATION OF THE ACCUSED TO AID DEFENSE OR TO PROVE TORTURE, AND OTHER SUCH PROVISIONS. SPECIFIC INNOVATIONS CONCERNING PROMPT INVESTIGATION HAVE BEEN AIMED AT KEEPING A SENSE OF SOCIAL RETRIBUTION AND DETERRENCE. INNOVATIONS AT THE TRIAL STAGE INCLUDE ABOLITION OF COMMITTAL PROCEEDINGS, REMOVAL OF DELAYS BY STAY ORDERS ISSUED BY THE HIGH COURT, AND SHORTENED PROCEDURES FOR SIMPLE CASES, SUCH AS SUMMARY TRIALS BY SENIOR MAGISTRATES FOR PETTY OFFENSES. NEW CODE PROVISIONS ADDRESS LEGAL AID AT STATE EXPENSES, THE MAJOR PROBLEM OF OVERCROWDING, AND THE USE OF OPEN AIR REHABILITATIVE PRISONS. PREVENTIVE DETENTION IS ALLOWED, IN PART TO LIMIT SMUGGLING AND FOREIGN EXCHANGE MANIPULATION. A SYSTEM OF VILLAGE COURTS (PANCHAYATS) TO DEAL WITH PETTY CIVIL AND CRIMINAL CASES HAVE BEEN SET UP IN SEVERAL STATES, AND INVOLVES NEW PROBLEMS OF COST, CASTE, ADMINISTRATION OF JUSTICE, AND ROBBER BANDS (DACOITS). SUBSTANTIVE LAW CHANGES INCLUDE THOSE IN THE INDIAN PENAL CODE (THEFT, MURDER, RAPE) AND THOSE CREATED TO DEAL WITH SPECIFIC SITUATIONS SUCH AS IMMORAL TRAFFIC, FOOD AND DRUG, ISSUES AND MOTOR VEHICLE REGULATIONS. NEW CONCEPTS IN LAW REGARD ADULTERY, LIABILITY OF COMPANIES, AND THE ILLEGALITY OF PREPARATIONS FOR CERTAIN CRIMES. THE DEATH PENALTY IS KEPT, BUT LIMITED. OTHER CONCEPTS PARTICULAR TO INDIA INCLUDE DEPORTATION WITHIN THE COUNTRY, AND LIMITED RIGHT TO ASSEMBLY UNDER SOME CONDITIONS. NO REFERENCES ARE PROVIDED. (RFC)