INDIAN INSTITUTE OF LEGAL STUDIES

DAGAPUR, SILIGURI

SUBJECT- LEGAL METHODS

PROJECT WORK ON THE TOPIC:

A STUDY ON CRIMINAL JUSTICE SYSTEM IN INDIA

SUBMITTED BY:
NAME: - ANSU PRASAD
COURSE: - B.COM LLB(HONS)
SEC-A; ROLL NO- 03; SEM-I

SUBMITTED TO:
MS. RINKEY SHARMA
ASSISTANT PROFESSOR OF LAW
INDIAN INSTITUTE OF LEGAL STUDIES

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 ACKNOWLEDGEMENT
A research work of such great scope and precision could never have been possible without
co-operation from all sides. Contribution of various people has resulted in this effort. Firstly,
I would like to thank God for the knowledge he has bestowed upon me.

I would like to express my heartfelt gratitude to MS. RINKEY SHARMA for her valuable
inputs and guidance throughout my work and research. I would also like to thank my friends
for their endless efforts towards supporting me and encouraging working harder towards the
comprehensive objectives of this paper. This assignment has helped me to attain greater
knowledge of the given topic and it was a pleasure to help my companions and share their
views.

This paper is a mere reflection of the support and well wishes that was ushered on me from
all corners without which it would never have been possible and I shall remain indebted.

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 TABLE OF CONTENTS

S.no. TOPICS PAGE NO.

1. INTRODUCTION 4
2. BACKGROUND 4
3. LITERATURE REVIEW 4
4. STATEMENT OF PROBLEM 4
5. RESEARCH OBJECTIVES 4-5
6. HYPOTHESIS 5
7. RESEARCH TOPICS 5
8. RESEARCH QUESTIONS 5-6
9. OBJECTIVES OF A CRIMINAL JUSTICE SYSTEM 6-7
10. NEED AND EVOLUTION OF CRIMINAL JUSTICE 7
SYSTEMS
11. TYPES OF CRIMINAL JUSTICE SYSTEMS 8
12. COMPARISONS BETWEEN THE ADVERSARIAL 9-10
AND INQUISITORIAL SYSTEM
13. OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM IN 10-20
INDIA
14. NEED FOR REFORMS IN THE CRIMINAL JUSTICE 20-22
SYSTEM IN INDIA
15. CONCLUSION 22
16. BIBLIOGRAPHY 23

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 INTRODUCTION

The system that deals with agencies of government that are responsible for enforcing the law
in the country, maintaining peace and harmony and treating criminal conduct is known as the
criminal justice system. The aim of the criminal justice system is to ensure that every person
who suffers an injury or loss at the hand of others is allowed to present his case and seek
justice.

The criminal justice system in India plays a crucial role in maintaining law and order. This
study aims to provide an in-depth analysis of its functioning, addressing key components and
challenges.

BACKGROUND

India's criminal justice system has evolved over the years, shaped by historical, social, and
legal factors. Understanding its historical context is vital to grasp the system's current
structure and dynamics.

LITERATURE REVIEW

Examining existing literature on Indian criminal justice provides insights into legal
frameworks, procedural aspects, and scholarly perspectives. Previous studies may highlight
areas of improvement or recurring issues.

STATEMENT OF PROBLEM

Identifying specific challenges within the criminal justice system is crucial for effective
reform. This study will pinpoint issues such as delays in trials, police misconduct, or gaps in
victim support.

RESEARCH OBJECTIVES

1. Investigate the efficiency of criminal investigations and trials.

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2. Assess the role of law enforcement agencies in ensuring justice.

3. Examine the impact of legal reforms on the overall system.

4. Evaluate the accessibility and effectiveness of victim support services.

HYPOTHESIS

The hypothesis posits that improvements in procedural efficiency, police conduct, and victim
support will enhance the overall effectiveness of the criminal justice system in India.

RESEARCH TOPICS

1. Trial delays and their impact on justice.

2. Police accountability and misconduct.

3. Legal reforms and their implications.

4. Victim support services: accessibility and effectiveness.

RESEARCH QUESTIONS

Q1. What are the advantages of a criminal justice system?

The advantages of the criminal justice system in a country are:

a) It helps in maintaining law and order.

b) There is uniformity in the laws and procedures related to criminal matters throughout
the country.

c) It protects the accused from torture and harassment by the public and gives him
various rights like the right to a fair trial, the right to free legal aid, the right against
self-incrimination etc.

d) The impartial judiciary in the justice system helps in the impartial delivery of justice.

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Q2. What are the disadvantages of an adversarial system?

a) It leads to the delay of justice due to stringent and complex processes.

b) The process of trial in this system is time-consuming and costly.

c) Many offenders escape liability and punishment due to various rights given to them.

d) The presumption of innocence until proven guilty puts an unreasonable burden on the
prosecution.

e) Judges have to rely on the evidence and investigation of the police, which may be
tampered with and influenced.

Q3. What reforms have been undertaken by the government to make the criminal
justice system in India more effective?

a) Various recommendations from various committees have been accepted by the

government, like trial through video-conferencing and amendments have been made
to the laws. Most of the laws that were of no use and created hindrances in the
administration of justice have been repealed.

b) Lok Adalats, fast track courts and special courts have been established for speedy
justice.

c) Parliament enacted the Legal Service Authority Act, 1987 to provide free legal aid to
poor and illiterate people.

d) The scheme of “Modernisation of police forces” has been implemented by the

government to make the police more sensitive and sincere towards their obligations
and duties.

OBJECTIVES OF A CRIMINAL JUSTICE SYSTEM

The various objectives of the criminal justice system are:

a) To punish the wrongdoers.

b) Prevent the further occurrence of crime in society.

c) Regulate the behaviour and conduct of people, especially criminals.

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 d) Provide relief to the victim.

e) Treatment of offenders and their rehabilitation.

f) To create deterrence in the minds of people at large not to indulge in any criminal
activity1.

NEED AND EVOLUTION OF CRIMINAL JUSTICE SYSTEMS

According to Hobbes, man is selfish by nature and can go to any extent for pleasure. As said
by Bentham, a person avoids pain and demands to seek pleasure. He is usually moved by his
instincts and, in earlier times, there were no regulations and limits to control his conduct.
With the increasing population and communities, his interests collided with others’ and led to
a situation of conflict. Thus, in order to regulate the conduct of a man, a system was needed
that could monitor his actions. The development of the criminal justice system is the same as
the development of man.

The first stage was when there was no control over his actions and he acted as per his needs
and demands. If needed, he could hurt anyone and fulfil his wishes. Then came the second
stage, where the territory expanded and the concept of ‘state’ emerged. At this stage, a ruler
ruled the kingdom and other people acted on his behalf. This stage, however, could not
handle the conflict of interests, and so the king gave strict punishments based on the theory of
eye for an eye and body for a body. This stage was full of revenge and hatred. When the king
still could not regulate the actions of man and there was chaos in society, a need for a proper
system was felt. With the advancement of time and development in society, the monarchy
was replaced by the aristocracy, which was further replaced by democracy, and the
government was thought to have a system to control the rate of crime in each state; hence, the
criminal justice system emerged. 2

TYPES OF CRIMINAL JUSTICE SYSTEMS

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There are two major types of criminal justice systems in the world. These are:

 Adversarial system

 Inquisitorial system

1. Adversarial System

This system is followed in common law countries that were once colonies of a particular
country. In this system, there is a prosecution advocate and a defence advocate who argue
before the court, and the case is decided on the basis of principles of evidence law and
procedural laws. The judge decides the case on the basis of arguments between the two
counsels and evidence shown in court. This system presumes the accused to be innocent until
proven guilty beyond a reasonable doubt.

India follows this system because it was once a colony of the British empire and hence called
a common law country. The prosecutor represents the state, as it is presumed that a crime has
been committed against the state at large, and so, it is the obligation of the state to provide
justice. In this system, both parties are given rights to a fair trial and hearing, and so justice is
delayed.

2. Inquisitorial System

This system is followed in civil law countries. In this system, the judge can himself
investigate the matter and decide the case on the basis of investigation and inquiry. The
counsel from each side is present, but unlike in the adversarial system, there is no cross-
examination of witnesses. The decision and its accuracy depend on the prudence and skills of
the judge.

This trial procedure is much faster in this system, and it is not costly. It is less formal, and the
determination of justice does not depend on the advocate but on the ability of each particular
judge. 3

COMPARISONS BETWEEN THE ADVERSARIAL AND

INQUISITORIAL SYSTEM
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Basis of
Adversarial system Inquisitorial system
comparison

The aim is to extract the truth by way of

The aim is to extract the truth by way
arguments between the two counsels from
Aim of investigation and inquiry by the
each side on the basis of evidence and
judge.
witnesses.

Precedents do not have much

Precedents These are binding and important in a case.
importance in this system.

It is the duty of the police to investigate the

Investigation in this system is done by
matter and find evidence related to it while
Investigation the judge himself, or he may delegate
the judge delivers justice on the basis of the
this duty to government officials.
facts and evidence of each case.

There are 2 parties i.e., state and accused.

The state is represented by a public
There is no cross-examination and re-
prosecutor and the accused by a defence
Trial examination; witnesses can only be
advocate. During the trial, witnesses are
interrogated.
examined, cross-examined and then re-
examined.

The law related to evidence is more

stringent and there is a clear distinction
The law related to evidence is liberal
Evidence between admissible and inadmissible
and there is no rule of hearsay.
evidence. Hearsay evidence is an exception
to the rules of evidence and is inadmissible.

The victim himself files the case and is

A victim cannot be said to be a party to a
the party to it, unlike the adversarial
Role of victim case as the state takes cognizance of the
system where the state takes
case.
cognizance of the case.

Courts In this system, there is a clear hierarchy of There are special courts to deal with
courts and they have the power to adjudicate each matter differently, like
cases. administrative courts for administrative

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 matters; constitutional matters are dealt
with in different courts, etc.

An accused is presumed to be innocent until

Presumption of
proven guilty, and the prosecution has to There is no such presumption.
innocence
prove this beyond a reasonable doubt.

OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM IN INDIA

The aim of the criminal justice system is to punish the criminal and prevent further crimes in
future so that people could live peacefully. Criminal law in India consists of the Indian Penal
Code, 1860 which defines the various offences along with their punishment and the Criminal
Procedure Code, 1973 which gives the procedure of the trial. The evidence is further
governed by the Evidence Act, 1872.

The adversarial form of the criminal justice system presumes the accused as innocent until
proven guilty beyond a reasonable doubt. It gives the accused a fair chance to present his case
to meet the ends of natural justice. The principles of Hinduism and other religions in India
value human life and adhere to the principle of providing an equal opportunity to every
person to present his side of the story. Thus, the Indian criminal justice system follows an
adversarial system and depends on the maxim “let 100 culprits be acquitted and freed, but
one innocent person should never be convicted”.

History reveals that every king in India had his own way of regulating crime in his kingdom.
Mauryas believed in rigorous punishment and the aim was to create fear in the minds of
people, which would stop them from committing further crimes, while Manu recognized
various offences like theft and robbery as property-related offences and assault and murder as
injuries to the body. This is where the classification started. There was a group of learned
counsels in the Gupta dynasty which helped the king settle disputes among people and decide
punishment for the wrongdoers. This system fulfilled the purpose of the judiciary, and thus, it
can be said 4that the concept of the judiciary emerged long ago in the country. However, there

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was no codification of the punishment of offences. Nor did they have any procedure for the
trial.

With the advancement of time and technology, offences were codified and the trial procedure
was laid down. This made the administration of justice easy and reliable. The present
criminal justice system in India was established by the British East India Company during the
pre-independence era. However, after independence, it has seen many changes and
modifications. Various committees were set up from time to time to recommend changes in
the system and suggest measures to control the rate of crime in the country.

Trial procedure

There are 4 different types of trial procedure, but in the Indian criminal justice system it is
laid down in the Criminal Procedure Code, 1973 (CrPC). After the offence is committed and
an FIR is lodged in the police station, the steps involved in the trial are as follows:

1. Charges are framed against the accused.

2. The prosecution gives the evidence and witnesses.

3. The accused is given a chance to present his case and the statement of the accused is
recorded.

4. The defence lawyer from the side of the accused gives the evidence.

5. Both the lawyers, i.e., the prosecution and the defence have a final argument.

6. The last stage, after closing and final arguments, is the judgement in which the
accused is either acquitted or convicted.

The criminal law in India has seven fundamentals which serve as the principles of modern
criminal law. These are:

 A guilty mind and a guilty act together constitute a crime. It is based on the maxim
“actus non facit reum nisi mens sit rea”.

 A mistake of fact is a defence in crime but not a mistake of law. (ignorantia facit
excusat, ignorantia juris non excusat)

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  The law does not permit ex post facto laws, which means that no one can be punished
for an offence that is no longer recognized as the offence.

 Everyone shall be presumed innocent until proven guilty beyond a reasonable doubt.

 An accomplice is treated the same as the accused and given equal punishment under
the criminal law.

 The rights of the accused before, during, and after trial are protected. He has various
rights like the right to a fair trial, the right to bail, the right to free legal aid and
protection against self-incrimination and double jeopardy, which can never be
infringed upon by the authorities under the criminal justice system in India.

Components of criminal justice

There are four pillars, or components, of the criminal justice system that are explained in
detail below. These are:

a) Police

b) Prison

c) Prosecution

d) Courts

a) Police:

A state has the duty to ensure the safety of its citizens and maintain peace and harmony in
society. This duty is fulfilled by the police force in the country internally, and the armed
forces protect the state from external threats. The police are one of the important
functionaries of the criminal justice system and have the duty to maintain law and order in
society. It protects the citizens from violence, oppression, and disorder.

The word police has been derived from the Greek word “politeia” which means “state” or
“administration”. The police force has been in existence in one form or the other, even in
ancient India. Even Manu emphasised the importance of the police force in the state. The
modern police have far more functions than just protecting the citizens. They have to rescue
lives, regulate traffic, prevent juvenile delinquency, protect the interests of the weaker
sections and investigate crimes.
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After the revolt of 1857, the British government in the pre-independent era realised the
importance of a strong police system and set up the Police Commission in 1860. As a result
of their recommendations, the Indian Police Act, 1861 was enacted. Later, Lord Curzon,
in 1902, set up another Commission to suggest reforms to the Act. The Act has 3
characteristics:

 The police force is maintained and controlled by the states of the Indian Union.

 It is horizontally stratified into cadres.

 There is a vertical division of armed and unarmed branches in the police force in each
state.

The various functions of the police include:

 Patrolling and surveillance

 Making arrests

 Lodging FIRs

 Releasing the accused on bail

 Investigation

 Interrogation

Need for reform

The modern police force has many shortcomings that need to be corrected to ensure proper
administration of the criminal justice system in India. The reasons for reforming the police
system are:

 There have been many instances of custodial rapes and deaths. There is a need to
make the police force transparent and accountable for their work.

 The political parties and leaders have started using the police force for their benefit.

 There is a lack of staff and female police officers because of which they are unable to
fulfil their duties. 5

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  The police system in India is lacking in terms of infrastructure and weapons. They
must be provided with modern technology for speedy investigation and
interrogation.

 There is a trust deficit among the people regarding the police because of corruption
and a lack of seriousness.

All these criticisms make us feel that there is a need for reforming the police system in the
country.

Reforms

In order to reform the police, various committees have been set up from time to time that
have recommended certain measures and suggestions. These are:

1. National Police Commission (NPC)

It was set up in 1977 and has given recommendations like:

 There must be a judicial enquiry in cases of custodial death or rapes.

 Police must be made more sensitive towards marginalised sections of society.

 It recommended replacing the Police Act of 1861 with a new Act.

2. Malimath Committee

 It recommended that there is a need to have a separate police force for maintaining
law and order.

 A national security commission and a state security commission should be established

at the central and state level respectively.

 It recommended extending the period of police custody from 30 days to 90 days in the
case of serious offences.

3. Guidelines by the Supreme Court

The Hon’ble Supreme Court in the case of Pratap Singh v. Union of India (2006) has given
guidelines suggesting reforms in the police system. These are:

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  A state security commission must be established in each state to keep a check on the
work of the police and observe that there is no influence.

 Appointment of DGP must be done on a transparent merit-based process.

 The tenure of police officials must be at least 2 years.

 There should be a separation between the functions of law and order and
investigation.

 Set up a Police Establishment Board for matters related to promotions, transfers etc.

 Police complaints authorities must be established in each district.

 The National Security Commission set up at the central level will be responsible for
selecting a panel to select the candidates and officers in the police force.

b) Prison

A prison is a place where offenders are kept if they are punished with a sentence of some
years or imprisonment for life. The prisoners live in an isolated place and their movement is
restricted. The prison system in India is based on the British model of prison. Prisons have
been in existence in India from the earliest times. The object was to deter the offenders from
repeating the crime. However, the condition of the prison has deteriorated. Prisoners are
treated badly and subjected to inhumane treatment. Thus, the Prison Enquiry Committee was
set up in 1836, which recommended the abolition of the practice of prisoners working on
roads.

The second Jail Enquiry Committee in 1862 emphasised the unsanitary conditions of the
prisons, leading to the deaths of several prisoners due to illness and unhealthy environments.
It stressed the need for proper food and clothing for prisoners and their medical treatment.
The third committee also suggested certain recommendations, and as a result of these
recommendations, the Prison Act, 1894, was enacted.

Need for reform 6

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The Prisons Act of 1894 tried to bring uniformity to the workings of prisons in the country. It
laid down that the provinces must have their own rules to regulate the administration of
prisons. The Act classified the prisoners, and the conditions for every prisoner were different.
It also abolished the punishment of whipping. Despite these changes, there was no
improvement in prison conditions. The Indian Jail Reforms Committee in 1919-20 suggested
measures to reform the prisons. It suggested fixing the capacity of each jail. After
independence, the Constitution of India placed “jail” along with “police and law and order”
in the State list under the Seventh Schedule. Unfortunately, no priority was given to the
administration of prisons.

The Hon’ble Supreme Court in the case of Rama Murthy v. State of Karnataka
(1997), identified specific problems and issues faced by prisons and prisoners in India. These
issues made the government realise that there was a need to reform jails and prisons in the
country. The issues are as follows:

 Overcrowdedness in the jail

 Delay in trial

 Inhuman and ill-treatment of prisoners

 Neglected health and hygiene

 Deficiency in communication

 Streamlined jail visits

 Need to manage open air prisons

Reforms

Various committees have been set up by the government from time to time to report on the
conditions of prisons in the country and suggest measures to improve the deteriorating
conditions.

1. All India Jail Reforms Committee (1980)

 Also called the Mulla Committee, it was headed by Justice A.N. Mulla.

 It suggested making adequate arrangements for food, clothing, sanitation etc in

prisons. 7
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  It emphasised the recruitment of proper and trained staff for the administration of jails
and, for this purpose, a correctional service should be established.

 There is a need to focus on rehabilitation and probation laws.

 It recommended allowing the media to visit jails.

 It said that the government must provide funds and resources for prison reform.

2. A committee headed by Krishnan Iyer (1988)

 It recommended the appointment of women staff in the police for handling women
and child offenders.

 It is believed that women could be employed in non-combatant roles that require

patience and endurance.

3. Prison rules

State governments have made guidelines and prison rules for the smooth administration of
prisons. These are:

 A register containing the details of every prisoner must be maintained in every jail.

 No person will be kept in prison without a valid commitment order.

 Prisoners will be classified based on age, sex, criminal record, etc. and will be kept in
separate institutions. For example, juveniles will not be kept in jail but sent to juvenile
homes, undertrial prisoners must be separated etc.

 Food, water, clothing, and medical treatment should be given to each prisoner.

 Women in prison must have prenatal and postnatal care and treatment.

 Prisoners must be allowed to meet their friends and family at regular intervals.

 There must be periodic inspections of jails.

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 4. Judicial pronouncements

 It was held in S.P. Anand v. State of Madhya Pradesh (2007) that prisoners have basic
rights to a healthy life even though their right to liberty and free movement is
restricted.

 In the case of State of Gujarat v. High Court of Gujarat (1988), it was held that
reasonable wages must be paid to prisoners in jail for the work or labour they have
done.

 Hon’ble Supreme Court in the case of R.D. Upadhyay v. State of Andhra Pradesh
(2006) observed that the death of women or their suicide during their prison term is a
serious concern and jail authorities must prevent such instances by improving the
conditions and health care facilities.

 It was held in Hussainara Khatoon v. Home Secretary, State of Bihar (1979) that
keeping the undertrials in jail for a longer period than their punishment is a clear
violation of their fundamental rights guaranteed under Article 21 of the Constitution.
It is said that the State cannot avoid its duty of “speedy trial”.

 The practice of handcuffing is inhuman, unreasonable, and harsh, and thus, an

accused person must not be handcuffed in the first instance. The police authorities
must take the approval of the judge before handcuffing the accused as stated in the
case of Prem Shankar Shukla v. Delhi Administration (1980).

c) Prosecution

A crime is always committed against society at large and not against a particular person.
There is a victim who suffers at the hands of a criminal, but it creates fear in the minds of
people at large and thus, the state takes cognizance of the case. Moreover, it is the duty of the
state to maintain law and order in society, and so whenever a crime leads to disturbance in the
law and order, the state becomes the party and is represented by a public prosecutor.

A public prosecutor is defined under Section 2(u) of the Criminal Procedure Code, 1973 and
is considered an agent of the state representing the interests of common people in the criminal
justice system. The procedure for the appointment of public prosecutors is given
under Section 24 of the CrPC and states that they are appointed by the state government in

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district courts and by the central government in high courts. The following are the functions
of a public prosecutor:

 They have a duty to maintain the file of the case.

 They appear in court and argue on behalf of the victim representing the state.

 They ensure that aggravated punishment is given to the accused.

 They should not use any unfair means or defend the accused.

 They have to record the evidence and cross-examine the witnesses.

d) Courts

The criminal justice system in India has a long and glorious history. It has fulfilled its
purpose of delivering justice to the victim with the help of laws and fair trials in courts.
Courts have played a major role in the administration of criminal justice in the country and
have made the justice system strong through various pronouncements and judgements. The
foregoing criminal justice system reveals that the role of the court as the pillar of the criminal
justice system is of much importance.

The purpose of a criminal trial is to provide fair and impartial justice to the victim. In order to
achieve this purpose, there is a clear hierarchy of criminal courts in the country. It consists of
the Supreme Court as the apex court; the High Court in every state; the Sessions courts in
each district; and the Courts of Judicial Magistrate. The courts have delivered landmark
judgements from time to time to enhance the criminal justice system and overcome the
lacunas. In the case of Lalita Kumari v. State of Uttarpradesh (2014), the Court made it
mandatory for the police officers to lodge the FIR, while in the case of Shyara Bano v. Union
of India (2017), the Court has declared that the practice of triple talaq is unconstitutional and
punishable. Similarly, in the case of Vishaka and others v. State of Rajasthan (1997), the
Court has given guidlines for sexual harassment at workplace as a result of which an
amendment was done to criminal laws in 2013. In this way, courts are working to develop the
criminal justice system as per the needs of society. 8

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 NEED FOR REFORMS IN THE CRIMINAL JUSTICE SYSTEM IN
INDIA

1. Pendency of cases

There are many pending cases in the court which result in delayed justice. According to a
maxim, “justice delayed is justice denied”. The reports for 2022 reveal that almost 4.7 crore
cases are pending in the courts. Thus, there is a need to reform the laws and the criminal
justice system must be made more concerned with speedy trial and justice.

2. Undertrial prisoners

Prisons in the country are filled with undertrial prisoners, leading to the problem of
overcrowded jails. Reports from 2020 reveal that 70% of the population in prison consists of
under-trial prisoners. This is also an infringement of their fundamental right to life under
Article 21 of the Constitution.

3. Lack of judges

The courts in India suffer from a shortage of judges, which puts pressure on the judiciary as
there is an increase in the number of cases pending in the courts. According to the statistics
and reports, there are 19 judges for approximately 10 lakh people in the country, revealing a
huge shortage.

4. Ineffectiveness of the justice system

Due to corruption and political influence on the judiciary, the criminal justice system has
become ineffective. This leads to a situation where an accused easily escapes from their
liability and an innocent person has to spend their life in prison.

5. Issues within the police force

It is the duty of the police to investigate the matter and find evidence to extract the truth.
However, at times, the officers misuse their powers to harass and torture the citizens. Thus,
there is a need to reform the criminal justice system in the country.

Reforms

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The above issues and loopholes in the criminal justice system in India reveal that it is the
need of the hour to reform the criminal justice system in the country. As a consequence of
this, the Malimath Committee gave its recommendations in 2004.

Recommendations of the Malimath Committee

The committee made various recommendations on criminal law and the criminal justice
system. Some of its recommendations are as follows:

 It suggested changing the adversarial form of the criminal justice system to an

inquisitorial system for speedy trials and to deal with the issue of pending cases.

 It recommended the right to silence for the accused against self-harming statements
under Article 20(3) of the Constitution.

 It is felt that the presumption of innocence of an accused puts an extraordinary and

unreasonable burden on the prosecution to prove the charges, which leads to a delay
in justice.

 The committee made recommendations for compensation to the victim.

 It also made suggestions to reform the police system in the country and make it
accountable and transparent.

 It stressed the appointment of public prosecutors through competitive exams.

 It suggested that every higher court must have judges specialising in criminal law.

 It recommended to re-classify the offences as socio-economic offences, correctional

code etc.

 A Presidential Commission must be established in order to inspect the criminal justice

system at regular intervals. 9

CONCLUSION

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The criminal justice system is a system that controls the functioning of institutions like the
police, prisons, courts, etc., that work towards granting justice to the victim. It is the duty of
the state to maintain peace and harmony in society, and this can only be achieved with the
proper implementation of laws and the effective criminal justice system of a country. The
criminal laws in India were majorly enacted by the British East India Company, but after a lot
of amendments were made to the laws.

With the advancement of time and technology, new crimes like organised crimes, white
collar crimes, cyber crimes, etc. are increasing, and the government feels the need to reform
the justice system to deal with such offences. As a result of this, various committees set up by
the government gave various suggestions and recommendations. But still, the condition has
not improved. Courts are still suffering from pressure due to the pendency of cases, which is
a result of the shortage of judges. It is perceived by the public that the police force is under
the influence of politicians, and corruption has made them ineffective in fulfilling their
duties. Instances of custodial rapes and deaths are increasing day by day. This creates fear in
the minds of the public. Prisons witness a situation of overcrowding and prisoners suffer from
inhuman and degrading treatment. The recommendations of various committees are on paper
but not implemented properly. There is a need to solve all the issues and fill the gaps in the
criminal justice system in India in order to provide fair justice.

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 BIBLIOGRAPHY

ONLINE SOURCES:

1. https://blog.ipleaders.in/criminal-justice-system-in-india/

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