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
There are certain fallacies that each provision bears. However, shortcomings that defy the primary object of the act itself need to be concurred. We know that our Indian legal system has arisen from the English Common Law system and each act and provision is based on various historical principles enumerated by the English Common Law. So it is important to look upon the objectives of those principles to enact the law. A provision should have a clearly
usually retired Judge, makes a decision in the stead of the parties. In this regard arbitration is like court. Arbitration is the reference of a dispute to a private tribunal for hearing in a judicial manner in accordance with a fixed recognizable system of law. Conciliation is a process of persuading parties to reach agreement and is plainly not arbitration. CHAPTER 3; ARBITRATION LAWS IN INDIA- THE ARBITRATION & CONCILIATION ACT, 1996 “An ounce of mediation is worth a pound of arbitration
there are two legal drugs which are soma and alcohol. Soma is a drug that is arguably the best tool the government has for controlling its population. It sedates, calms, and mostly importantly distracts a person from realizing that there’s something wrong. The citizens of the “World State” conditioned to love the drug, and use it to escape any memory bouts of dissatisfaction. Soma is a drug that is available for anyone every single day. In contract to the book we find lots of legal drugs in our modern
respectively. Both the empires gave tough competition and opposition to Muslim rule largely prevalent in India in that time. Each of the two flourished in prosperity and strength. If we look back, we can see that many of today’s laws and the legal systems of India are based on the judicial systems of these empires. These
The ancient Greeks and Romans had very particular legal systems that provided rules and guidelines for everyday life. These legal systems are similar in their key points and major concerns, their views of social classes and the social order, and their views of women in society and their legal rights. From these systems, we can get a glimpse at what life was like for these people and compare and contrast it with today’s society. By using these originals as blueprints to build off of, modern society
Pros and cons of having a written Constitution: • Accessibility – Today’s modern era thrives for nothing but equality within the hierarchy of classes in our public system. The Constitution should be able to be accessed by anyone, regardless of their class, race or sex and not just by those involved in the government and parliamentary system. This way everyone has a way of educating themselves on the different rules and regulations of the law through a simple document, thus allowing it to come across
Juvenile vs Adult Justice Systems, is a topic many continue to converse about. The similarities and differences that either affects or deter the behavior of juvenile offenders remains the primary issue. Unlike adult offenders, youth brought into court process includes a private hearing including social history and legal elements, as opposed to an open public proceedings older offenders undergo. These youthful offenders are given the opportunity of succeeding both within rehabilitation, and in change
societies. With today’s advances in knowledge and technology, a nation’s justice systems should not remain primitive. There is a plethora of evidence to prove that the methods of executing capital punishment are
Though, some of the laws favored certain people, the idea of protecting the people had a great influence. Even today’s Federal Constitution protects the people. The code also created a groundwork for legal systems. Like our court system, where one is accused of an illegal act and then they are judged and get a sentence. It is clear to say that Hammurabi’s codes helped shape where today’s government is. It has also had a huge impact on society, and if the code never existed in our world today, the