UPSC, SSC, UGC Preparation | Kapil Balhara | News Current Affairs General Knowledge Newspapers
UPSC, SSC, UGC Preparation | Kapil Balhara | News Current Affairs General Knowledge Newspapers
Kapil balhara
Criminal Justice and Criminal Law in India | Police | Prosecutor | Victim | Judge | Defendant
13 minutes Posted May 13, 2022 at 3:11 pm.
0:00
13:01
Download MP3
Show notes
Let's learn about criminal justice and criminal law in India 
In this module you know about characteristics of criminal justice system adopted in India 
justice means guilty should be detected convicted and sentenced and those who are innocent must be protected
criminal laws are the means through which nation state maintain harmony and peace in society 
criminal law define behaviour that crime and offence such as murder theft Dacoity
And 
They also recognise the acts that are prohibited by State on account of some social policy like abortion Dowry foeticide
there are two criminal justice process 
Crime control model 
and 
Due process model 
Crime control model target criminal conduct in order to preserve public order 
It is efficient expeditious and reliable in screening and disposition of person suspected of crime 
On the other hand due process model defines process to be followed to get to the justice
It maintain the dignity and autonomy of individual and protect the accused from the coercive abuse of power by State 
types of criminal justice system 
Inquisitorial system 
and 
Adverserial system 
In inquisiteorial system extensive investigation and interrogation is done under the control and supervision of court so that an innocent person does not face the trial
In inquisitorial system defendant has to prove his innocence 
In Adverserial system an accused is presumed innocent and the prosecution has to prove the guilt of the accused beyond all reasonable doubt
adversarial system belief that contest between the prosecution and defence is the best way to get to the truth. 
characteristics of crime 
Any Intentional act or ommission commited in violation of criminal law without defence and justification is considered as crime
Seven elements must be present in act or omission to treat it as crime
The act must have some harmful impact on social interest. 
That harm must be Outlawed that is prevented by law 
harm must be intentional
There shall present criminal intention 
There must be fusion of mens Rea and actus Rea that is guilty mind and action
There must present some relationship between Outlawed harm and voluntary act
There must be legally prescribed punishment
Any moral or reprehensible behaviour is not a crime unless sach behaviour is Outlawed in advance
Criminal law is different from other loss in following way
Violation of criminal law is treated as crime against society and state protect the interest of society by legally dealing with offender. 
criminal laws are specific and when there is doubt judge is obliged to decide in favour of defendant 
Criminal laws are uniform an act described as crime is a crime no matter who commits it
There is penal sanction for criminal acts that means state punish the violator
criminal justice administration in India is quite similar to British legal system which was introduced in Presidency towns of Bombay Calcutta and Madras and which was latter on applied to all India 
after India's independence in 1947 and formation republic of India in 1950 the prevailing laws were continued and article 372 of constitution of India give force to prevailing low until they are altered repealed or amended. 
There are many laws regulating criminal justice in India, The construction of India is primary law to attain whose objective other laws are formulated. 
Indian penal code 1860 define acts which are punishable and prescribe sentence for them
Indian Evidence Act 1872 State the proofs that will be considered as evidence. 
Code of criminal procedure 1973 is the procedure to get to the justice. 
The juvenile justice (care and protection of children) act 2000 
Are some of primary statute apart from many special legislation governing the administration of criminal justice in India 
the administration of criminal justice is managed by different Agencies and they are as follows. 
Police initiated the criminal justice