Securing Rational Exercise of Discretionary Powers at Adjudication and Pre-Adjudication Stages of Criminal Justice Administration in India (From Resource Material Series, Number 22, P 135-141, 1982 - See NCJ-94945)

• NCJ Number: 94955
• Author(s): P P Mahurkar
• Date Published: 1982
• Length: 7 pages
• Publication Format: Document
• Language: English
• Country: United Nations

Annotation

The use of discretion throughout the various stages of preadjudication and adjudication in India is analyzed.

Abstract

Discretion may be vested regarding the arrest if the offender is involved in a cognizable offense. The discretion may be in regard to some specific action that might affect personal liberty, such as the remanding of the accused to custody. The grant of bail also involves an exercise of discretion, because the police officer must decide whether or not a surety will be acceptable. The court uses discretion in deciding whether or not to prosecute, and the judge uses discretion in sentencing. Three aspects of juvenile justice also involve several instances of discretion: (1) the rights and procedures applicable to youth in juvenile court proceedings, (2) the rights and policies which are applied to juvenile correctional programs, and (3) the deinstitutionalization of offenders. Discretion is also used in determining whether restitution by the offender should be ordered and, if it is ordered, in deciding what amount should be paid. In India, the rational exercise of discretion in the preadjudication and adjudication stages of the criminal justice system is secured by checks and balances provided in the Criminal Procedure Code in the form of reviews by higher authorities. Nonetheless, laws do not encompass every situation, so judges and other authorities must make wise use of their discretion.