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The criminal justice system in India
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Answer:
What is the Criminal Justice System (CJS)?
The Criminal Justice System (CJS) includes the institutions/agencies and processes established by a government to control crime in the country. This includes components like police and courts.
The aim of the Criminal Justice System (CJS) is to protect the rights and personal liberty of individuals and the society against its invasion by others.
The Criminal law in India is contained in a number of sources – The Indian Penal Code of 1860, the Protection of Civil Rights Act, 1955, Dowry Prohibition Act, 1961 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
CJS can impose penalties on those who violate the established laws.
The criminal law and criminal procedure are in the concurrent list of the seventh schedule of the constitution.
Background of the Criminal Justice System in India
The Criminal Justice System in India is an age-old system primarily based upon the Penal legal system that was established by the British Rule in India.
The system has still not undergone any substantial changes even after 70 years of Independence. The biggest example could be Section 124A of the Indian Penal Code (IPC) that defines sedition and provides for its punishment.
The entire Code of Criminal Procedure (Cr.P.C.) was amended in 1973.
The appointment of the Vohra Committee was the very first attempt towards reforming the Criminal Justice System in India. Vohra Committee report (1993) made an observation on the criminalisation of politics and of the nexus among criminals, politicians and bureaucrats in India.
In 2000, the government formed a panel headed by Justice V.S. Malimath, the former Chief Justice of Kerala and Karnataka, to suggest reform in the century-old criminal justice system.
The Malimath Committee submitted its report in 2003 with 158 recommendations but these were never implemented.
The Committee felt that the existing system “weighed in favour of the accused and did not adequately focus on justice to the victims of crime.”
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