Criminal Justice System

Criminal Justice System in India comprises all the machinery established by the government to
ensure Law and Order in the country. It involves crime prevention, adjudication of crime and
criminals, compensation and rehabilitation of victims, maintenance of the rule of law in the country,
and deterrence of offenders from committing any crime in the future. The main aim of the Criminal
Justice System is to prevail Justice in the country.

What is Criminal Justice System?

The Criminal Justice System is an instrument for social control. It is a group of all the agencies that
help to maintain Law and Order in the nation. The Criminal Justice System is used to punish
criminals so that crimes can be prevented. Other forms of Social Control include family, educational
institutions, religious places, etc. But these agents help in moral control. Only the Criminal Justice
System leads to crime control and ensures Justice by punishing criminals.
The Criminal Justice System helps to protect the rights and liberties of people. Criminal Justice
System involves:
o Maintaining the rule of law in the country.
o Preventing crime.
o Adjudicating crime and criminals.
o Compensating and rehabilitating victims.
o Deterring offenders from committing any crime in the future.
Criminal Justice System also involves various kinds of legislation. Some examples are the Indian
Penal Code of 1860, The Code of Civil Procedure 1908, The Code of Criminal Procedure of 1974,
the Protection of Civil Rights Act of 1955, etc.

History of Criminal Justice System in India

o Ancient Indian jurisprudence based on 'Dharma,' emphasizing right conduct
o Scriptures like 'Smritis,' 'Puranas,' 'Ramayana,' and 'Mahabharata' explain conduct codes.
o Kings governed in ancient times adhering to 'Dharma,' lacking unrestricted authority
o The distinction between criminal offences and civil wrongs is clearly defined.
o 'Pataka' or sin is considered a criminal offence; civil wrongs involve disputes over wealth,
etc.
o King Manu's Dharmashastra recognized bodily injuries, theft, and robbery as offences.
o The Mauryan era featured an intricate Criminal Justice System with mutilations and death
penalties.
 o Gupta administration's judicial system included folk assemblies, Guilds, and the King,
following 'Dharma Shastras.'
o Medieval India faced invasions until stabilization by the Mughals.
o Criminal law in this era is based on retribution, discretionary punishments, and specific
penalties for offences like robbery and theft.
o Modern Criminal Justice System influenced by the British administration
o The 1860 Indian Penal Code and 1861 Code of Criminal Procedure established rules and
procedures.
o 1993 N.N. Vohra Committee highlighted the criminalization of politics
o 2000 Justice V.S. Malimath's committee proposed reforms focusing on Justice for victims
o 2003 committee report contained 158 recommendations, criticizing the system for favouring
the accused over victims

Objectives of the Criminal Justice System in India

The Criminal Justice System in India includes the agencies tasked with adjudicating crime, enforcing
the law, and correcting the conduct of criminals. It acts as a device for social control in the country.
Society considers some behaviours as harmful and destructive. It tries to prevent such behaviour by
apprehending and punishing the violators and transgressors. The following are the main objectives of
the Criminal Justice System in India:
o To prevent crimes in society.
o To apprehend and punish the violators and transgressors.
o To rehabilitate the criminals.
o To compensate the victims for the losses they have suffered due to crime.
o To ensure that society is run according to law and order.
o To act as a deterrent for criminals and offenders for any future violation of the law.

Components of the Criminal Justice System

The Criminal Justice System in India comprises three primary components the Police, the Judiciary,
and the Prisons. All these institutions help to bring Justice to society and establish a Rule of Law.
The components of the Criminal Justice System in India are described in the following section:
Police
o The Police are the first point of contact in the Criminal Justice System in India.
o The Police are tasked with apprehending the criminals, collecting important evidence,
interrogating the accused, and investigating the crimes.
 o The complaint of a cognizable offence is noted in a First Information Report (FIR). The
Police can arrest a person based on the complaint or suspicion that he has committed a crime.
o Within 24 hours of such arrest, the arrestee has to be produced before a Magistrate.
o Any detention beyond 24 hours is permitted only with the orders of the Magistrate.
o After completing the investigation, the Police must submit a charge sheet and the statements
of relevant witnesses before the competent judicial authority.
o The Police are also tasked with maintaining law and order in the country.
o Issues with the Police:
o Several vacancies in central as well as State police forces. As of 2016, there were
nearly 24% vacancies in various police forces of the states. A high amount of
vacancies leads to overburdening of the police workforce. India has a sanctioned
police strength of 181 personnel per lakh population. This is much less than the UN-
recommended standard of 222 police personnel per lakh population.
o Obsolete weapons with the Police forces could not match criminals' advanced
weapons.
o CAG (Comptroller and Auditor General) has pointed out this issue in its reports that
the weaponry with the police force is obsolete, and the process to purchase new
weapons is highly complex, leading to an acute shortage of equipment with force.
o The image of the Police in the eyes of the people is abusive, ineffective, and corrupt.
There is a severe lack of trust and confidence between the Police and the public. This
relationship is necessary for effective policing.
o Lack of proper training to undertake adequate and effective investigation
professionally.
o The Police are controlled by several agencies, which leads to the erosion of
accountability. Also, low pay scales and lack of morality may lead to corrupt practices
in the force.

Judiciary
o The main aim of the Judiciary is to ensure that the trials are conducted fairly.
o The judges who preside over the trials ensure that the accused and the victims are heard
properly and given their due rights.
o One of the most vital tasks of the court is to provide relief to the victims and uphold Human
rights.
o Judges play an active role in the administration of Justice in a Criminal Justice System.
o Issues with the Judiciary:
 o Lack of transparency and trust in the institution of the Judiciary. The Supreme Court
has pointed out the opaque functioning of the Collegium System in the Advocates on
Record vs. Union of India case.
o As the State itself is an appointing authority of the office of the Public Prosecutor, it is
often misused through the politicization of the office.
o A large amount of pendency of cases is one of the most serious issues facing the
Indian Judiciary. This is mainly due to the Vacancy of posts of Judges in various
courts, poor budgetary support to the Judiciary, and poor sanctioned judges to
population ratio.
Prison
o Prisons are used for the imprisonment of convicted criminals.
o The main aim of the prison system in a Criminal Justice System is to provide a place for the
correction, reformation, and rehabilitation of criminals.
o The prisons involve a system of security and discipline. It also helps to keep society free from
anti-social elements till they are rehabilitated.
o Issues with the Indian Prison system:
o A large number of under-trials and prison overcrowding a serious issues with the
Indian prison system. Nearly half of the jail inmates are awaiting trial. The
introduction of Fast Track Courts has also not made any measurable difference in the
issue of the pendency of cases.
o Unhealthy and inhumane living conditions are another serious problem. This includes
an unhygienic diet, unclean premises, inadequate clothing, and underlying health
hazards.
o Shortage of staff and inadequate training. In India, there is only one prison staff
available for seven prisoners. This is much less compared to other countries such as
the UK or the USA.
o An unequal and special treatment to a small section of prisoners who belong to a high
class of society.
o Poor budget allocation towards health and care in the prisons in India. This includes
food, clothing, medical expenses, and recreational, vocational, and educational
activities.
o The absence of legal help until the start of the trial is another issue with the prison
system of India. This leads to a flawed system of legal representation for the weaker
section of society.

Constitutional Provisions of the Criminal Justice System in India

The Constitution of India offers a wide range of powers to the various organs of the government. It
helps to maintain social order and peace in society. To balance this large amount of powers in the
hands of the government, the citizens are also provided with the Fundamental Rights enshrined in
part 3.
Following are the various provisions related to the Criminal Justice System enshrined in the
Constitution of India:
o Article 21 lays down the Right to Life and Personal Liberty, which says, "No person shall be
deprived of his life or personal liberty except according to the procedure established by law."
o Article 20 offers Protection in respect of the Conviction of Offences. This recognizes three
basic principles of criminal liability, i.e., Protection against the application of ex post facto
law, the prohibition against double jeopardy, and Protection against self-incrimination.
o Article 22 imposes three important limitations on the powers of the State to arrest a person.
These include communication of grounds of arrest to the arrestee, an arrestee will be given
the right to consult and be defended by a council of his choice, and the arrestee would be
produced before a magistrate within 24 hours of his arrest.
o Article 14 lays down the principle of "Equality before the Law." this ensures the non-
discriminatory application of the process of criminalization on all citizens.
o The directive of Equal Justice and Free Legal Aid is given in Article 39A. The 42nd
Amendment of the Constitution brought it. The National Legal Services Authorities Act of
1987 was enacted to comply with this provision.
o Enforcement of Fundamental Rights by constitutional courts through provisions of Judicial
remedies under Articles 32 and 226.
o All the matters related to criminal law and criminal procedure, as included in the Indian Penal
Code (IPC) and Criminal Procedure Code (CrPC), are included in the concurrent part of the
7th Schedule of the Constitution, along with the exceptions.

Recommendations of Malimath Committee on Criminal Justice System of India

The Home Ministry of India set up a committee in 2000 to revamp India's age-old Criminal Justice
System. The committee was chaired by Justice V.S. Malimath, who had served as the Chief Justice of
the High Courts of Karnataka and Kerala. It reviewed the Criminal Justice System of India,
especially the Indian Penal Code (IPC) of 1860, the Indian Evidence Act of 1872, and the Code of
Criminal Procedure (CrPC) of 1973.
The committee submitted 158 recommendations in 2003. Some of its important recommendations
are as follows:
o The committee recognized the need for reforms in India's Criminal Justice System as it has
become ineffective. Several guilty go unpunished, and the justice system has lost the
deterrent effect on the criminals.
o It suggested that some of the better features of the Inquisitorial System should be taken up in
the Adversarial system of India to make it more efficient.
 o The Inquisitorial System is followed in Germany, France, etc. In this system, the
investigation is supervised by the Magistrate himself.
o This leads to a better rate of conviction.
o The committee advised the Court and the Judges to have a proactive role in the case
and they should actively search for the truth.
o The court should give directions in investigation matters to the prosecution agencies
and the Investigating officers.
o Section 311 of the Code of Criminal Procedure (CrPC) of 1973 be amended so that the
Courts can summon anyone for questioning irrespective of whether they are designated
witnesses.
o The Right to Silence available as a Fundamental Right to the accused under Article 20(3)
should be balanced with the court's power to elicit the necessary information from him.
o The committee recommended drawing adverse inferences against the accused if he
refused to cooperate and answer.
o The committee recommended that all the rights available to the accused, as per the
Constitution, several Legislations, and various Judicial pronouncements, should be collected
and placed as a schedule to the Criminal Procedure Code.
o The committee concluded that the concept of 'Proof beyond reasonable doubt' should be
eliminated. It recommended that in its place, a standard of Proof should be placed which is
lesser than the Proof beyond reasonable doubt and higher than 'the Proof on the
preponderance of probabilities.
o The committee recommended that the State should ensure Justice for the victims. For this, it
should provide a lawyer and bear its cost if the Victim can't afford it.
o Compensation to victims is an obligation of the State. For this purpose, a victim
compensation fund can be established.
o Ensure the Victim's right to participate in the criminal trial through:
o Allowing him to produce oral or documentary evidence with the court's permission.
o Allow him to ask questions from the witness and suggest questions to the court.
o To be heard in case of grant of bail to the accused.
o In some cases, psychiatric and other medical help should be included as a part of legal
services.
o Separating the Investigation Wing and Law & Order wing. Setting up a Police Establishment
Board to deal with the transfers, postings, etc. Establishing the National Security Commission
and the State Security Commissions.
o Establishing a separate criminal division in the higher courts in which judges who specialize
in Criminal law should be included.
 o Imparting state-of-the-art training to the officials. The training infrastructure should be
strengthened at the Central and State levels. Moreover, hand-picked and efficient officials
should be posted at such institutions with adequate monetary incentives.
o The use of modern technology and forensic science should be encouraged in the investigation
right from the start.
o The network of Forensic labs in the country needs to be strengthened.
o The National Police Act of 1861 has become obsolete. The National Police Commission must
prepare a new Police act.
o Use tape/video recording, especially in cases where the sentence is over seven years.
o To strengthen prosecution, a post of Director of Prosecution should be created in every State.
o Appropriate officers of the Director General of Police rank should fill this post.
o The Advocate General of the State should be consulted before making the
appointment.
o A National Judicial Commission should be constituted to deal with the appointment and cases
of misconduct relating to the Supreme Court and High Court Judges.

Punishments According to the Criminal Justice System of India

In India, the criminal justice system administers punishments based on the Indian Penal Code (IPC).
The nature of penalties varies depending on the gravity of the offence and can be broadly categorized
into imprisonment, fines, and capital punishment.
Imprisonment stands as the predominant form of punishment, serving the purpose of reforming and
rehabilitating offenders. The severity of the committed crime determines the duration of
imprisonment. Fines are also utilized to discourage offenders from engaging in further unlawful
activities.
Capital punishment represents an additional punitive measure in the criminal justice system,
specifically reserved for the most serious crimes, such as murder and rape. However, this form of
punishment is contentious, with some viewing it as a harsh and unconventional means of
penalization.

Conclusion
An efficient Criminal Justice System is highly important for creating a society based on order and
Justice. Syste India's Criminal Justicem has become age-old and requires thorough reform. To this
end, the Justice V.S. Malimath committee has suggested several important recommendations that can
improve the system to a great extent. There is a need to revamp India's Criminal Justice System at all
levels—Police, Judiciary, and prison.