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CRIMINAL LAW
UNIT 1
CHARACTERISTICSOF CRIME
 Jerom Hall’s extensive analysis has resulted description of seven(7)
interrelated and overlapping characteristics of crime:
 1.Harm
 2.Outlawed
 3.Conduct
 4.Mens rea
 5.Fusion of mens rea and conduct
 6.Causal relation
 7. Punishment
Police Administration
3
DUTIES OF POLICE OFFICERS
i) Promote and preserve public order;
ii) Investigate crime;
iii) Identify problems and situations that are likely to resuIt in commission of crimes;
iv) Reduce the opportunities for the commission of crimes through preventive patrol and other appropriate police
measures;
v) Aid and co-operate with other relevant agencies in implementing; appropriate measures for prevention of crimes
vi) Aid individuals who are in danger of physical harm;
vii) Create and maintain a feeling of security in the community; viii) Facilitate orderly movement of people and vehicles;
viii) Counsel and resolve conflicts and promote amity;
ix) Provide other appropriate services and afford relief to people in distress situations; and Collect intelligence relating to
matters affecting public peace and crime. including social and economic offences, and national integrity and security.
4
HIERARCHY OF POLICE
JUDICARY
INTRODUCTION
• The Constitution of India provides for a single
integrated judicial system with the Supreme Court at
the apex, High Courts at the middle (state) level and
District Courts at the local level.
• It also provides for an independent and powerful
judicial system.
• Judiciary in India acts as the guardian protector of
the Constitution and the fundamental rights of the
people.
HIERARCHY OF JUDICIARY IN INDIA
FUNCTIONS OF JUDICIARY
THE SUPREME COURT
• The Supreme Court has
• original,
• Appellate,
• writ and
• Advisory Jurisdictions
JURISDICTION OF HIGH COURT
• Every High Court enjoys original jurisdiction with respect to revenue and its
collection, cases of succession, divorce etc.
• In its appellate Jurisdiction, it hears appeals from the lower courts in cases
concerning sales-tax, income tax, copy right, patent-right etc.The High
Court is a court of record and its proceedings and decisions are referred to in
future cases.
• A High court can issue writs for the enforcement of fundamental rights or
for any other such purpose.
• A High Court supervises the working of all subordinate courts and frames
rules and regulations for the transaction of business.
• The High Court is empowered to interpret the constitution of India. It can
review the laws of the State Legislature and may declare them null and void
if they go against the provisions of the constitution.
• Again, if a High court is satisfied that a case pending in a lower court
involves a substantial question of law as to the interpretation of the
constitution, it my dispose of the case itself.
SUBORDINATE COURTS
• There are subordinate courts below the High court in each state.
• The courts are under the complete control of the High court.The
lower court (e.g. Nyaya Panchayat or Munsiffs court) deals with
minor cases while the higher courts (e.g., subordinate Judge’s
court or District Judge’s court) deal with important cases.
• Appeals lie to the higher courts from the lower courts.An appeal
may also lie to the High Court against the decisions of the
District judge’s court or the Session Judge’s court.
• In a Presidency town, there are city civil courts and Metropolitan
Magistrates courts.
• In this connection, we are to note that most of the Judges of the
subordinate courts are appointed by the Governor in
consultation with the High Court of the concerned State.
CORRECTIONAL
ADMINISTRATION
TYPES
• Institutional
• Non Institutional
• In relation to criminology unit 3
LEGISLATIVE PROCESS IN
CRIMINAL JUSTICE SYSTEM
PREPARATORY PROCEDURES FOR BRINGING A SUSPECTTO
TRIAL
• filing of a charge-sheet before a Magistrate precede a criminal trial
• there is sufficient ground for prosecution, a summons or warrant is
issued.
• prison terms exceeding 2 years
THETRIAL
• Assistant Public Prosecutor (APP) examining prosecution witnesses
• Public Prosecutor
• Any person, including a police officer with a ranking at or above
Inspector
• investigation cannot be completed within 24 hours of the arrest - the
accused is presented to the nearest Judicial Magistrate
BAIL PROCEDURE.
• CRPC classifies offenses as non-bailable or bailable
• A person arrested for a bailable offense may be released by the police
or by a court before whom he or she is produced.
• An individual accused of a non-bailable offense punishable with death
or imprisonment for life, may be released on bail only by the High
Court or a Court of Session
ADVERSARIAL AND
INQUISITORIAL SYSTEMS OF
CRIMINAL JUSTICE SYSTEM
CONCEPTUALIZING CRIMINAL JUSTICE
• Aim of the administration of criminal justice is that the guilty should be
detected, convicted and duly sentenced.
• Criminal justice administration concerns the procedures by which the
substantive criminal laws are actually implemented.
TYPES OF CRIMINAL JUSTICE SYSTEM
 1.Inquisitorial System: In inquisitorial system an extensive investigation
and interrogations carried out under control and supervision of Court to
ensure that innocent person is not subjected to trial.The defendants has the
burden of proving innocence.
 2. Adversarial System : Under adversarial system an accused is presumed
not guilty and the prosecution is to prove beyond all reasonable doubt the
guilt of the accused.This system presumes that the best way to get the truth
is to have a “contest” between the prosecution and the defence.
MODELS OF CRIMINAL JUSTICE PROCESS
• Herbert L. Packer:Two Models-
A. Crime Control Model- that criminal conduct must be kept under
tight control in order to preserve public order.
B. Due Process Model- It protect an accused from coercive easily
abused power of the state
• John Griffith-Family Model- an offender would be treated as a person
with respect and the role of the society is to perceive an crime
occurrence as criminal deviance and reacting to it accordingly.
CONSTITUTIONAL RIGHTS OF DEFENDANTS
• Art.20. Protection in respect of conviction and punishment under an ex
post facto criminal legislation.
• Right against self- incrimination
• Art.21. Protection of Life and Personal Liberty
• Art.22. Protection against arrest and detention
RECOMMENDATIONS OFTHE
MAMATH COMMITTEE REPORT
• headed by JusticeV.S. Malimath, former Chief Justice of the Karnataka
and Kerala High Courts.
• This Committee began its work in 2000 when it was constituted by the
Home Ministry.
• The Report related to the criminal justice system in India was
submitted to Deputy Prime Minister L.K. Advani, who was also in
charge of the Home portfolio, in 2003.
• The 158 recommendations of the committee, arrived at after examining
several national systems of criminal law, especially the continental European
systems
• concentrated on the rights of the victim. It mentions the need to formulate a
witness protection programme, reclassify offences, and involve the victim in
all stages of the trial.
• expanded the definition of rape to include all forms of forcible penetration,
is eclipsed by the indifference to most of the concerns of the women’s
movements.The committee does not favour the death penalty for rapists.
The report states that wherever the death penalty is a possible punishment
it should be replaced with life imprisonment
SOME RECOMMENDATIONS
• Borrowing from the inquisitorial system
• Schedule to the Code should be brought out in all regional languages
so that the accused becomes aware of his/her rights
• “proof beyond reasonable doubt” - “if the court is convinced that it is
true”
• The victim should be allowed to participate in cases involving serious
crimes and also be given adequate compensation.
• The State should provide an advocate of the victim’s choice to plead on
his/her behalf, where the state bears the cost
• The Committee suggested the separation of the investigation wing
from Law and Order
• Additional SP in each district to maintain crime data, organisation of
specialised squads to deal with organised crime, and a team of officers
to probe inter-State or transnational crimes,
• The Committee suggested police Custody be extended to 30 days and
an additional time of 90 days be granted for the filing of charge sheets
in case of serious crimes.
• Committee favoured dying declarations, confessions, and audio/video
recorded statements of witnesses to be authorised by law.
• Director of Prosecution, be created in every State to facilitate effective
coordination between the investigating and prosecuting officers under
the guidance of the Advocate General.
• The higher courts should have a separate criminal division consisting of
judges who have specialised in criminal law.
• It suggested that cases in which punishment is three years and below
should be tried summarily and awarded punishment.
• Committee batted for a strong witness protection mechanism.
• Witnesses should get their allowances on the same day, with proper
seating and resting facilities and be treated with dignity.
• Though crime is a State subject, a central law to be enacted to deal
with organised crime, federal crimes, and terrorism.
• A Department of Criminal Justice must be established to appraise
procedural and criminal law.
Alternative Dispute Resolution
(ADR) Methods
Dispute resolution involves bringing two or more
discordant parties to clear understanding wherein their
differences are ironed out.
It points to every technique applied for settling dispute
between entities.
WHAT IS DISPUTE RESOLUTION?
Think of a dispute that you have been involved in.........
How was that dispute solved.............................
Civil disputes occur when a person’s rights have
been infringed or an individual has been injured as
a result of another person’s action or inaction
ADR involves settling a civil legal
dispute by a method other than a
decision before a court.
ALTERNATIVE DISPUTE RESOLUTION
(ADR)
HYBRID METHODSOF DISPUTE RESOLUTION
Mediation
Arbitration
Med-Arb
Conciliation
Arbitration
Concilio-Arbitration
ALTERNATIVE DISPUTE RESOLUTION (ADR)
METHODS
Negotiation
Mediation
Conciliation
Arbitration
Negotiation is usually carried out
without legal representatives, but
each party can take their own
legal representation to assist
Negotiation involves two parties discussing and compromising to obtain an agreed
solution
Negotiation
“Negotiation involves two or more parties
with competing or conflicting interests or
needs, working towards an agreement on
how they will cooperate.”
- Dr Gregory
Tillett
Interests: What do the parties want?
Options: What are likely areas of agreement?
Alternatives: What if we don’t agree?
Legitimacy: How persuasive is each party?
Communication: Are both parties willing to discuss and
listen?
Relationship: Are both parties ready to establish
operational relationship?
Commitment: What’s the structure of commitment
from both parties.
Seven Elements of Negotiation
Mediation involves
an impartial third
party who listens
and directs
discussion but does
not suggest
outcomes.
All parties have
their say
Mediation
“An ounce of mediation is worth a pound of arbitration and a
ton of litigation!”
— Joseph Grynbaum
7 STEPSTO MEDIATION
Choose
Mediator
Identify
Objectives
of Both
Sides
Decide
Mediation
Schedule
Engage the
Other Party
in
Declaration
of Position
Discuss with
Mediator
Mediation
Shuttle
Diplomacy
Endorsed
Deal
Conciliation involves a third party, who may make suggestions to the parties.
Conciliation
Conciliation is similar to Mediation except for the
active role of the third party (conciliator) in putting
forward suggestions of compromise.
It’s structured to bring disputing parties to
acceptable agreement through concessions.
There are variations of ‘Conciliator Power’ in
conciliation practices of some countries.
Conciliation
Arbitration involves an independent third party who actually makes suggestions and
actually imposes a decision on the parties.
The magistrates’
court refers all civil
disputes involving
claims less than
10,000 to
arbitration
Arbitration
This is a formal submission of dispute to one or more
Arbitrators for a decision to be reached.
• The is a quasi-judicial system.
• Arbitration Clause in the contract shows the terms of
arbitration between the parties.
• Decisions are voluntary/binding depending on the
terms of arbitration as enshrined in the Arbitration
Clause.
• Court-Imposed Arbitration is binding.
ARBITRATION
This is a legal process for taking dispute through
standard court with the aim of engaging in judicial
contest to achieve credible settlement.
LITIGATION
“Discourage litigation. Persuade your
neighbors to compromise whenever you
can. Point out to them how the nominal
winner is often the real loser — in fees, and
expenses, and waste of time. As a peace-
maker the lawyer has a superior
opportunity of being a good man.There
will still be business enough.”
– Abraham Lincoln
LOK ADALAT
LEGAL SERVICES AUTHORITY
ACT, 1987
SECTION 19:- ORGANIZATION OF
LOK ADALAT
1. Central, State, District and Taluka Legal Services
Authority has been created who are responsible for
organizing Lok Adalats at such intervals and place.
2. Conciliators for Lok Adalat comprise the following:-
A. A sitting or retired judicial officer.
B. Other persons of repute as may be prescribed by
the State Government in consultation with the
Chief Justice of High Court.
SECTION 20: REFERENCE OF CASES
Cases can be referred for considered of Lok Adalat as under:-
1. By consent of both the parties to the disputes.
2. One of the parties makes an application for reference.
3. Where the Court is satisfied that the matter is an
appropriate one to be taken cognizance of by the Lok
Adalat.
4. Compromise settlement shall be guided by the principles
of justice, equity, fair play and other legal principles.
5. Where no compromise has been arrived at through
conciliation, the matter shall be returned to the concerned
court for disposal in accordance with law.
SECTION 21 :- AWARD OF LOK ADALAT
After the agreement is arrived by the consent of the
parties, award is passed by the conciliators. The
matter need not be referred to the concerned Court
for consent decree. The Act provisions envisages as
under:-
1. Every award of Lok Adalat shall be deemed as
decree of Civil Court.
2. Every award made by the Lok Adalat shall be
final and binding on all the parties to the
dispute.
3. No appeal shall lie from the award of the Lok
Adalat.
SECTION 22:- POWERS OF LOK ADALATS
Every proceedings of the Lok Adalat
shall be deemed to be judicial
proceedings for the purpose of:-
1. Summoning of Witnesses
2. Discovery of documents
3. Reception of evidences
4. Requisitioning of Public record
CASES SUITABLE FOR LOK ADALAT
• Motor accident cases.
• Damage cases.
• Family disputes.
• Unpaid loan’s cases.
• Land related cases.
• Some civil and criminal cases.
• Cases related to unpaid bills.
JURISDICTION OF LOK ADALAT
• A Lok Adalat shall have jurisdiction to determine
and to arrive at a compromise or settlement between
the parties to a dispute in respect of :
i. any case pending before; or
ii. any matter which is falling within the
jurisdiction of, and is not brought before, any
court for which the Lok Adalat is organized.
• The Lok Adalat can compromise and settle even
criminal cases, which are compoundable under the
relevant laws.
LOK ADALATS FOR PENDING
CASES:-
• Any party to a dispute can file an application in Lok
Adalats.
• Lok Adalats does not have a jurisdiction where the
value of property exceeds Rs. 10 Lakhs.
• Once the case in Lok Adalat is filed the same can’t be
filed in any other court.
• In a Lok Adalat, if a compromise is reached, an award
is made and is binding on the parties. It is enforced as
a decree of a civil court. An important aspect is that the
award is final and cannot be appealed, not even under
Article 226 because it is a judgment by consent.
ADVANTAGES OF LOK ADALAT:-
• Justice at no cost.
• Speedy Justice and saving from the
lengthy court procedures.
• Solving problems of backlog of cases.
• Maintenance of cordial relations.
THE LEGAL SERVICES AUTHORITIES
(AMENDMENT) ACT, 2002
The major drawback in the existing scheme of organization
of the Lok Adalats under Chapter VI of the said Act is that
the system of Lok Adalats is mainly based on compromise
or settlement between the parties.
This causes unnecessary delay in the dispensation of
justice.
Further, the cases which arise in relation to public utility
services need to be settled urgently so that people get
justice without delay even at pre-litigation stage and thus
most of the petty cases which ought not to go in the regular
courts would be settled at the pre-litigation stage itself
which would result in reducing the workload.
SALIENT FEATURES OF THE
AMENDMENT ARE AS FOLLOWS.
1. To provide for the establishment of Permanent Lok Adalats. The
Permanent Lok Adalat shall exercise jurisdiction (Section 22B).
2. The pecuniary jurisdiction of the Permanent Lok Adalat shall be
up to rupees one crore.
3. It also provides that before the dispute is brought before any
court, any party to the dispute may make an application to the
Permanent Lok Adalat for settlement of the dispute; (Section
22C)
4. Every award made by the Permanent Lok Adalat shall be final
and binding on all the parties thereto and shall be by a majority
of the persons constituting the Permanent Lok Adalat (Section
22E)
MAHILA COURTS
• came into existence since 1994 in Delhi
• cases pertaining to crime against women
• kidnapping, procuring minor girls for the purpose of prostitution, rape
and of cruelty by husbands or in-laws. (Sessions Court)
• molestation, rape, kidnapping, as also of domestic violence
(Metropolitan Magistrate)
• In Delhi, four courts are functioning with effect from September 1,1994
• The first complainant was a second wife, married to the widower of her
deceased sister whose children had been, from the outset, hostile to
their new stepmother.The situation had caused conflict between her
and her husband and she had recently left him to return to her parents’
home. At the hearing she was allowed to tell her story first and then
her husband's father was given the opportunity to speak. He
introduced himself as a former professor and, unlike everyone else in
the room, made a point of addressing the panel in English, rather than
inTamil, the local language.The Secretary asked him a few questions
and then suggested that the children talk privately to the social
worker, so that she could determine why they so disliked their
stepmother and whether it might be possible to find a way to bring the
family together.
• However, he said, in the meantime the complainant's husband should be
paying her a monthly maintenance stipend. His father replied that the
husband had been maintaining his wife all along but the wife's brother broke
in to sharply contradict him. At this, the wife's father stood up and asked –
also in English – to be allowed ‘to vent my feelings!’ But he was told that
nothing positive could come of permitting him to do that now: he would
have to wait until the next meeting.After some discussion among the
members of the panel and between them and the husband's father it was
finally agreed that the following week the latter would bring Rs. 1500 for his
daughter-in-law to the LegalAid office.Another meeting was scheduled for
a month hence. In the interim the social worker would meet individually with
each of the concerned parties and try to come up with a possible solution to
their problems.
RESTORATIVE JUSTICE
• an approach to justice that seeks to repair harm by providing an
opportunity for those harmed and those who take responsibility for the
harm to communicate about and address their needs in the aftermath
of a crime
OBJECTIVES
• Provides opportunities for victims, offenders, and communities
affected by a crime to communicate (directly or indirectly) about the
causes, circumstances, and impact of that crime, and to address their
related needs.
• Is based on an understanding that crime is a violation of people and
relationships and is based on principles of respect, compassion and
inclusivity.
• Encourages meaningful engagement and accountability and provides
an opportunity for healing, reparation and reintegration.
OBJECTIVES
• Uses processes, including conferences, dialogues and circles, and is
guided by skilled facilitators.
• Is a flexible process and can take different forms depending on the
community, program, case, participants, or circumstances.Footnote2
• Uses processes that may take place at all stages of the criminal justice
system and can be used with adults and youth.
• Is used in every province and territory and is supported by legislation
and federal, provincial and territorial government programs and
policies.
VICTIM, OFFENDER & COMMUNITY MEETINGS AND REPAIRING
HARM
• Victim offender mediation.
• Family or Community Group Conferencing
• Peace making or Sentencing Circles.
• Restitution
• Community service
DUE PROCESS, SPEEDYTRIALS
AND ACCESSTO JUSTICE
FUNCTIONS OF JUDICIARY
• Free and FairTrial is sine qua non of Article 21 of the Constitution of
India
• Interpretation and Application of Laws
• Role in Law-making
• Should not be deprived of life,liberty/ property
Criminal Justice System.pptx
Criminal Justice System.pptx

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Criminal Justice System.pptx

  • 2. CHARACTERISTICSOF CRIME  Jerom Hall’s extensive analysis has resulted description of seven(7) interrelated and overlapping characteristics of crime:  1.Harm  2.Outlawed  3.Conduct  4.Mens rea  5.Fusion of mens rea and conduct  6.Causal relation  7. Punishment
  • 4. DUTIES OF POLICE OFFICERS i) Promote and preserve public order; ii) Investigate crime; iii) Identify problems and situations that are likely to resuIt in commission of crimes; iv) Reduce the opportunities for the commission of crimes through preventive patrol and other appropriate police measures; v) Aid and co-operate with other relevant agencies in implementing; appropriate measures for prevention of crimes vi) Aid individuals who are in danger of physical harm; vii) Create and maintain a feeling of security in the community; viii) Facilitate orderly movement of people and vehicles; viii) Counsel and resolve conflicts and promote amity; ix) Provide other appropriate services and afford relief to people in distress situations; and Collect intelligence relating to matters affecting public peace and crime. including social and economic offences, and national integrity and security. 4
  • 6.
  • 7.
  • 9. INTRODUCTION • The Constitution of India provides for a single integrated judicial system with the Supreme Court at the apex, High Courts at the middle (state) level and District Courts at the local level. • It also provides for an independent and powerful judicial system. • Judiciary in India acts as the guardian protector of the Constitution and the fundamental rights of the people.
  • 10.
  • 13.
  • 14. THE SUPREME COURT • The Supreme Court has • original, • Appellate, • writ and • Advisory Jurisdictions
  • 15. JURISDICTION OF HIGH COURT • Every High Court enjoys original jurisdiction with respect to revenue and its collection, cases of succession, divorce etc. • In its appellate Jurisdiction, it hears appeals from the lower courts in cases concerning sales-tax, income tax, copy right, patent-right etc.The High Court is a court of record and its proceedings and decisions are referred to in future cases. • A High court can issue writs for the enforcement of fundamental rights or for any other such purpose. • A High Court supervises the working of all subordinate courts and frames rules and regulations for the transaction of business. • The High Court is empowered to interpret the constitution of India. It can review the laws of the State Legislature and may declare them null and void if they go against the provisions of the constitution. • Again, if a High court is satisfied that a case pending in a lower court involves a substantial question of law as to the interpretation of the constitution, it my dispose of the case itself.
  • 16. SUBORDINATE COURTS • There are subordinate courts below the High court in each state. • The courts are under the complete control of the High court.The lower court (e.g. Nyaya Panchayat or Munsiffs court) deals with minor cases while the higher courts (e.g., subordinate Judge’s court or District Judge’s court) deal with important cases. • Appeals lie to the higher courts from the lower courts.An appeal may also lie to the High Court against the decisions of the District judge’s court or the Session Judge’s court. • In a Presidency town, there are city civil courts and Metropolitan Magistrates courts. • In this connection, we are to note that most of the Judges of the subordinate courts are appointed by the Governor in consultation with the High Court of the concerned State.
  • 18. TYPES • Institutional • Non Institutional • In relation to criminology unit 3
  • 20. PREPARATORY PROCEDURES FOR BRINGING A SUSPECTTO TRIAL • filing of a charge-sheet before a Magistrate precede a criminal trial • there is sufficient ground for prosecution, a summons or warrant is issued. • prison terms exceeding 2 years
  • 21. THETRIAL • Assistant Public Prosecutor (APP) examining prosecution witnesses • Public Prosecutor • Any person, including a police officer with a ranking at or above Inspector • investigation cannot be completed within 24 hours of the arrest - the accused is presented to the nearest Judicial Magistrate
  • 22. BAIL PROCEDURE. • CRPC classifies offenses as non-bailable or bailable • A person arrested for a bailable offense may be released by the police or by a court before whom he or she is produced. • An individual accused of a non-bailable offense punishable with death or imprisonment for life, may be released on bail only by the High Court or a Court of Session
  • 23. ADVERSARIAL AND INQUISITORIAL SYSTEMS OF CRIMINAL JUSTICE SYSTEM
  • 24. CONCEPTUALIZING CRIMINAL JUSTICE • Aim of the administration of criminal justice is that the guilty should be detected, convicted and duly sentenced. • Criminal justice administration concerns the procedures by which the substantive criminal laws are actually implemented.
  • 25. TYPES OF CRIMINAL JUSTICE SYSTEM  1.Inquisitorial System: In inquisitorial system an extensive investigation and interrogations carried out under control and supervision of Court to ensure that innocent person is not subjected to trial.The defendants has the burden of proving innocence.  2. Adversarial System : Under adversarial system an accused is presumed not guilty and the prosecution is to prove beyond all reasonable doubt the guilt of the accused.This system presumes that the best way to get the truth is to have a “contest” between the prosecution and the defence.
  • 26. MODELS OF CRIMINAL JUSTICE PROCESS • Herbert L. Packer:Two Models- A. Crime Control Model- that criminal conduct must be kept under tight control in order to preserve public order. B. Due Process Model- It protect an accused from coercive easily abused power of the state • John Griffith-Family Model- an offender would be treated as a person with respect and the role of the society is to perceive an crime occurrence as criminal deviance and reacting to it accordingly.
  • 27. CONSTITUTIONAL RIGHTS OF DEFENDANTS • Art.20. Protection in respect of conviction and punishment under an ex post facto criminal legislation. • Right against self- incrimination • Art.21. Protection of Life and Personal Liberty • Art.22. Protection against arrest and detention
  • 29. • headed by JusticeV.S. Malimath, former Chief Justice of the Karnataka and Kerala High Courts. • This Committee began its work in 2000 when it was constituted by the Home Ministry. • The Report related to the criminal justice system in India was submitted to Deputy Prime Minister L.K. Advani, who was also in charge of the Home portfolio, in 2003.
  • 30. • The 158 recommendations of the committee, arrived at after examining several national systems of criminal law, especially the continental European systems • concentrated on the rights of the victim. It mentions the need to formulate a witness protection programme, reclassify offences, and involve the victim in all stages of the trial. • expanded the definition of rape to include all forms of forcible penetration, is eclipsed by the indifference to most of the concerns of the women’s movements.The committee does not favour the death penalty for rapists. The report states that wherever the death penalty is a possible punishment it should be replaced with life imprisonment
  • 31. SOME RECOMMENDATIONS • Borrowing from the inquisitorial system • Schedule to the Code should be brought out in all regional languages so that the accused becomes aware of his/her rights • “proof beyond reasonable doubt” - “if the court is convinced that it is true” • The victim should be allowed to participate in cases involving serious crimes and also be given adequate compensation.
  • 32. • The State should provide an advocate of the victim’s choice to plead on his/her behalf, where the state bears the cost • The Committee suggested the separation of the investigation wing from Law and Order • Additional SP in each district to maintain crime data, organisation of specialised squads to deal with organised crime, and a team of officers to probe inter-State or transnational crimes,
  • 33. • The Committee suggested police Custody be extended to 30 days and an additional time of 90 days be granted for the filing of charge sheets in case of serious crimes. • Committee favoured dying declarations, confessions, and audio/video recorded statements of witnesses to be authorised by law. • Director of Prosecution, be created in every State to facilitate effective coordination between the investigating and prosecuting officers under the guidance of the Advocate General.
  • 34. • The higher courts should have a separate criminal division consisting of judges who have specialised in criminal law. • It suggested that cases in which punishment is three years and below should be tried summarily and awarded punishment. • Committee batted for a strong witness protection mechanism. • Witnesses should get their allowances on the same day, with proper seating and resting facilities and be treated with dignity.
  • 35. • Though crime is a State subject, a central law to be enacted to deal with organised crime, federal crimes, and terrorism. • A Department of Criminal Justice must be established to appraise procedural and criminal law.
  • 37. Dispute resolution involves bringing two or more discordant parties to clear understanding wherein their differences are ironed out. It points to every technique applied for settling dispute between entities. WHAT IS DISPUTE RESOLUTION?
  • 38. Think of a dispute that you have been involved in......... How was that dispute solved.............................
  • 39. Civil disputes occur when a person’s rights have been infringed or an individual has been injured as a result of another person’s action or inaction ADR involves settling a civil legal dispute by a method other than a decision before a court. ALTERNATIVE DISPUTE RESOLUTION (ADR)
  • 40. HYBRID METHODSOF DISPUTE RESOLUTION Mediation Arbitration Med-Arb Conciliation Arbitration Concilio-Arbitration
  • 41. ALTERNATIVE DISPUTE RESOLUTION (ADR) METHODS Negotiation Mediation Conciliation Arbitration
  • 42. Negotiation is usually carried out without legal representatives, but each party can take their own legal representation to assist Negotiation involves two parties discussing and compromising to obtain an agreed solution Negotiation “Negotiation involves two or more parties with competing or conflicting interests or needs, working towards an agreement on how they will cooperate.” - Dr Gregory Tillett
  • 43. Interests: What do the parties want? Options: What are likely areas of agreement? Alternatives: What if we don’t agree? Legitimacy: How persuasive is each party? Communication: Are both parties willing to discuss and listen? Relationship: Are both parties ready to establish operational relationship? Commitment: What’s the structure of commitment from both parties. Seven Elements of Negotiation
  • 44. Mediation involves an impartial third party who listens and directs discussion but does not suggest outcomes. All parties have their say Mediation “An ounce of mediation is worth a pound of arbitration and a ton of litigation!” — Joseph Grynbaum
  • 45. 7 STEPSTO MEDIATION Choose Mediator Identify Objectives of Both Sides Decide Mediation Schedule Engage the Other Party in Declaration of Position Discuss with Mediator Mediation Shuttle Diplomacy Endorsed Deal
  • 46. Conciliation involves a third party, who may make suggestions to the parties. Conciliation
  • 47. Conciliation is similar to Mediation except for the active role of the third party (conciliator) in putting forward suggestions of compromise. It’s structured to bring disputing parties to acceptable agreement through concessions. There are variations of ‘Conciliator Power’ in conciliation practices of some countries. Conciliation
  • 48. Arbitration involves an independent third party who actually makes suggestions and actually imposes a decision on the parties. The magistrates’ court refers all civil disputes involving claims less than 10,000 to arbitration Arbitration
  • 49. This is a formal submission of dispute to one or more Arbitrators for a decision to be reached. • The is a quasi-judicial system. • Arbitration Clause in the contract shows the terms of arbitration between the parties. • Decisions are voluntary/binding depending on the terms of arbitration as enshrined in the Arbitration Clause. • Court-Imposed Arbitration is binding. ARBITRATION
  • 50. This is a legal process for taking dispute through standard court with the aim of engaging in judicial contest to achieve credible settlement. LITIGATION
  • 51. “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser — in fees, and expenses, and waste of time. As a peace- maker the lawyer has a superior opportunity of being a good man.There will still be business enough.” – Abraham Lincoln
  • 54. SECTION 19:- ORGANIZATION OF LOK ADALAT 1. Central, State, District and Taluka Legal Services Authority has been created who are responsible for organizing Lok Adalats at such intervals and place. 2. Conciliators for Lok Adalat comprise the following:- A. A sitting or retired judicial officer. B. Other persons of repute as may be prescribed by the State Government in consultation with the Chief Justice of High Court.
  • 55. SECTION 20: REFERENCE OF CASES Cases can be referred for considered of Lok Adalat as under:- 1. By consent of both the parties to the disputes. 2. One of the parties makes an application for reference. 3. Where the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat. 4. Compromise settlement shall be guided by the principles of justice, equity, fair play and other legal principles. 5. Where no compromise has been arrived at through conciliation, the matter shall be returned to the concerned court for disposal in accordance with law.
  • 56. SECTION 21 :- AWARD OF LOK ADALAT After the agreement is arrived by the consent of the parties, award is passed by the conciliators. The matter need not be referred to the concerned Court for consent decree. The Act provisions envisages as under:- 1. Every award of Lok Adalat shall be deemed as decree of Civil Court. 2. Every award made by the Lok Adalat shall be final and binding on all the parties to the dispute. 3. No appeal shall lie from the award of the Lok Adalat.
  • 57. SECTION 22:- POWERS OF LOK ADALATS Every proceedings of the Lok Adalat shall be deemed to be judicial proceedings for the purpose of:- 1. Summoning of Witnesses 2. Discovery of documents 3. Reception of evidences 4. Requisitioning of Public record
  • 58. CASES SUITABLE FOR LOK ADALAT • Motor accident cases. • Damage cases. • Family disputes. • Unpaid loan’s cases. • Land related cases. • Some civil and criminal cases. • Cases related to unpaid bills.
  • 59. JURISDICTION OF LOK ADALAT • A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of : i. any case pending before; or ii. any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized. • The Lok Adalat can compromise and settle even criminal cases, which are compoundable under the relevant laws.
  • 60. LOK ADALATS FOR PENDING CASES:- • Any party to a dispute can file an application in Lok Adalats. • Lok Adalats does not have a jurisdiction where the value of property exceeds Rs. 10 Lakhs. • Once the case in Lok Adalat is filed the same can’t be filed in any other court. • In a Lok Adalat, if a compromise is reached, an award is made and is binding on the parties. It is enforced as a decree of a civil court. An important aspect is that the award is final and cannot be appealed, not even under Article 226 because it is a judgment by consent.
  • 61. ADVANTAGES OF LOK ADALAT:- • Justice at no cost. • Speedy Justice and saving from the lengthy court procedures. • Solving problems of backlog of cases. • Maintenance of cordial relations.
  • 62. THE LEGAL SERVICES AUTHORITIES (AMENDMENT) ACT, 2002 The major drawback in the existing scheme of organization of the Lok Adalats under Chapter VI of the said Act is that the system of Lok Adalats is mainly based on compromise or settlement between the parties. This causes unnecessary delay in the dispensation of justice. Further, the cases which arise in relation to public utility services need to be settled urgently so that people get justice without delay even at pre-litigation stage and thus most of the petty cases which ought not to go in the regular courts would be settled at the pre-litigation stage itself which would result in reducing the workload.
  • 63. SALIENT FEATURES OF THE AMENDMENT ARE AS FOLLOWS. 1. To provide for the establishment of Permanent Lok Adalats. The Permanent Lok Adalat shall exercise jurisdiction (Section 22B). 2. The pecuniary jurisdiction of the Permanent Lok Adalat shall be up to rupees one crore. 3. It also provides that before the dispute is brought before any court, any party to the dispute may make an application to the Permanent Lok Adalat for settlement of the dispute; (Section 22C) 4. Every award made by the Permanent Lok Adalat shall be final and binding on all the parties thereto and shall be by a majority of the persons constituting the Permanent Lok Adalat (Section 22E)
  • 65. • came into existence since 1994 in Delhi • cases pertaining to crime against women • kidnapping, procuring minor girls for the purpose of prostitution, rape and of cruelty by husbands or in-laws. (Sessions Court) • molestation, rape, kidnapping, as also of domestic violence (Metropolitan Magistrate) • In Delhi, four courts are functioning with effect from September 1,1994
  • 66. • The first complainant was a second wife, married to the widower of her deceased sister whose children had been, from the outset, hostile to their new stepmother.The situation had caused conflict between her and her husband and she had recently left him to return to her parents’ home. At the hearing she was allowed to tell her story first and then her husband's father was given the opportunity to speak. He introduced himself as a former professor and, unlike everyone else in the room, made a point of addressing the panel in English, rather than inTamil, the local language.The Secretary asked him a few questions and then suggested that the children talk privately to the social worker, so that she could determine why they so disliked their stepmother and whether it might be possible to find a way to bring the family together.
  • 67. • However, he said, in the meantime the complainant's husband should be paying her a monthly maintenance stipend. His father replied that the husband had been maintaining his wife all along but the wife's brother broke in to sharply contradict him. At this, the wife's father stood up and asked – also in English – to be allowed ‘to vent my feelings!’ But he was told that nothing positive could come of permitting him to do that now: he would have to wait until the next meeting.After some discussion among the members of the panel and between them and the husband's father it was finally agreed that the following week the latter would bring Rs. 1500 for his daughter-in-law to the LegalAid office.Another meeting was scheduled for a month hence. In the interim the social worker would meet individually with each of the concerned parties and try to come up with a possible solution to their problems.
  • 69. • an approach to justice that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime
  • 70. OBJECTIVES • Provides opportunities for victims, offenders, and communities affected by a crime to communicate (directly or indirectly) about the causes, circumstances, and impact of that crime, and to address their related needs. • Is based on an understanding that crime is a violation of people and relationships and is based on principles of respect, compassion and inclusivity. • Encourages meaningful engagement and accountability and provides an opportunity for healing, reparation and reintegration.
  • 71. OBJECTIVES • Uses processes, including conferences, dialogues and circles, and is guided by skilled facilitators. • Is a flexible process and can take different forms depending on the community, program, case, participants, or circumstances.Footnote2 • Uses processes that may take place at all stages of the criminal justice system and can be used with adults and youth. • Is used in every province and territory and is supported by legislation and federal, provincial and territorial government programs and policies.
  • 72. VICTIM, OFFENDER & COMMUNITY MEETINGS AND REPAIRING HARM • Victim offender mediation. • Family or Community Group Conferencing • Peace making or Sentencing Circles. • Restitution • Community service
  • 73. DUE PROCESS, SPEEDYTRIALS AND ACCESSTO JUSTICE
  • 74. FUNCTIONS OF JUDICIARY • Free and FairTrial is sine qua non of Article 21 of the Constitution of India • Interpretation and Application of Laws • Role in Law-making • Should not be deprived of life,liberty/ property