Indian Criminal Justice System

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INQUISITORIAL ELEMENTS IN INDIAN CRIMINAL JUSTICE SYSTEM While the adversarial system requires the magistrate to remain an observer of the trial, it does not absolve him of his duty to provide assistance to the process of the trial. At stages within the decision making process, the Magistrate assists the case towards justice, some notable examples of which are as follows: • Sections 228 and 240 of the Code suggest that charge against the accused is to be framed by the Court and not the Prosecution. This allows the court to refine the prosecution’s accusations and only judge issues that have prima facie merit. • Section 311 empowers the court to examine any person as a witness though such person has not been called by any party as a witness…show more content…
As has been reported by numerous human rights organizations, the Indian criminal justice systems suffers from discrimination of certain sections of society, old-fashioned and inefficient institutions, lack of human and technical resources, lack of investigation expertise, a confession oriented approach to interrogation, lack of punitive action against abusers of human rights, and a level of corruption. Lack of resources: The Indian criminal justice system suffers from serious under-funding and understaffing, and continues to be extremely slow. There is a need for training of all judicial personnel and court administrators beyond what is being provided With no significant increase in restructuring or funding efforts in the last decades, the pendency of cases and the ratio of decided to appealed cases highlight these concerns. Torture: Torture is endemic in India and this is a fact acknowledged by the authorities and widely documented. Police forces are poorly trained on investigation methods and on the absolute prohibition of torture and cruel, inhuman or degrading treatment. Most cases of torture by state officials occur in police custody, and it is widely acknowledged by governmental and non-governmental studies that the police operate in a system facilitating the use of torture and ill-treatment. Corruption within the police equally provides a ground for the practice of extortion and threats. The introduction of the inquisitorial system might be able to solve this problem. In line with the Supreme Court’s observance of the common nature of police torture in India, which was brought to fore by Kartar Singh’s case , where the Surpeme Court opined that: “It is heart-rending to note that day in and day out we come across with the news of

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