030905 ICC Policy Issues Before The Office Of The Prosecutor [For FAILURE TO ...VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
This document is provided to EDUCATE and INFORM the Public/International Communities of the LAWFUL Options available to VICTIMS of War Crimes, Apartheid, Genocide, etc. by their Government Officials that have created a DESPOTISM Empire and MONOPOLIZED "ALL" Branches of Government and have REPEATEDLY "FAILED TO ACT" on Civil/Criminal Violations REPORTED to Government/Law Enforcement Agencies...
This paper is about fact-finding procedures in Chinese criminal trials. It traces general rules setting out fact-finding procedures, and describes the roles that various legal actors that should play to ensure that they are followed properly. It will further examine how Chinese law balances the duty to determine the truth and the principle of protecting individual rights from potential infringements in criminal cases. Based on the conflicts between truth-seeking and human rights protection, this paper will conclude by discussing limitations in Chinese fact-finding procedures and will suggest how they can be mended.
The Responsibility of the Judicial Police Officer under Cameroonian Lawijtsrd
This paper looks at the legal and institutional framework and the procedural mechanisms involved in rendering judicial police officers accountable for offences committed while performing their duties. The difficulties involved in getting a judicial police officer answer for his criminal misconduct will be of particular interest. Challenges facing the criminal trial process prior to and after the enactment of a single criminal procedure code in Cameroon are also examined and recommendation offered with the view to enhancing the criminal trial of judicial police officers in Cameroon without hampering the smooth running of their duties. Ngatchou Toto Carles "The Responsibility of the Judicial Police Officer under Cameroonian Law" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-1 , December 2019, URL: https://www.ijtsrd.com/papers/ijtsrd29731.pdf Paper URL: https://www.ijtsrd.com/management/law-and-management/29731/the-responsibility-of-the-judicial-police-officer-under-cameroonian-law/ngatchou-toto-carles
An Analysis on the Probative Value of Evidence: A Reviewiosrjce
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
030905 ICC Policy Issues Before The Office Of The Prosecutor [For FAILURE TO ...VogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
This document is provided to EDUCATE and INFORM the Public/International Communities of the LAWFUL Options available to VICTIMS of War Crimes, Apartheid, Genocide, etc. by their Government Officials that have created a DESPOTISM Empire and MONOPOLIZED "ALL" Branches of Government and have REPEATEDLY "FAILED TO ACT" on Civil/Criminal Violations REPORTED to Government/Law Enforcement Agencies...
This paper is about fact-finding procedures in Chinese criminal trials. It traces general rules setting out fact-finding procedures, and describes the roles that various legal actors that should play to ensure that they are followed properly. It will further examine how Chinese law balances the duty to determine the truth and the principle of protecting individual rights from potential infringements in criminal cases. Based on the conflicts between truth-seeking and human rights protection, this paper will conclude by discussing limitations in Chinese fact-finding procedures and will suggest how they can be mended.
The Responsibility of the Judicial Police Officer under Cameroonian Lawijtsrd
This paper looks at the legal and institutional framework and the procedural mechanisms involved in rendering judicial police officers accountable for offences committed while performing their duties. The difficulties involved in getting a judicial police officer answer for his criminal misconduct will be of particular interest. Challenges facing the criminal trial process prior to and after the enactment of a single criminal procedure code in Cameroon are also examined and recommendation offered with the view to enhancing the criminal trial of judicial police officers in Cameroon without hampering the smooth running of their duties. Ngatchou Toto Carles "The Responsibility of the Judicial Police Officer under Cameroonian Law" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-1 , December 2019, URL: https://www.ijtsrd.com/papers/ijtsrd29731.pdf Paper URL: https://www.ijtsrd.com/management/law-and-management/29731/the-responsibility-of-the-judicial-police-officer-under-cameroonian-law/ngatchou-toto-carles
An Analysis on the Probative Value of Evidence: A Reviewiosrjce
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
From Crime to Cash Flow_ Understanding Asset Forfeiture's Financial Impact (2...jiyalouis
Several barristers at Millennium Chambers combine criminal and civil practices. Those who do, have expertise in the area of civil recovery and asset forfeiture
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
During 2013/14, the IPCC has been carrying out work to look at ways of improving police handling of complaints, and to contribute to improving public confidence in the police complaints system.
Police forces have told us that there is a need for practical advice, in addition to our Statutory Guidance, to support them in handling complaints. In response, we have created a new publication – Focus.
The Right to Fair and Effective Investigation in Pre-trial stage refers to various aspects of criminal procedure designed to safeguard the innocent from the harassment of the state authorities, both judiciary and executive. Each and every accused person of the offence should be treated as an innocent person till the guilt is proved by the court. The accused person has rights to be just, fair, reasonable, and effective before the court in which the court and authorities must apply the just, reasonable and fair procedures on conducting their investigative task. They must perform their duties in accordance with procedure established by law. The United Nations contributed a lot in adopting declarations, conventions, and principles etc. which ensure the rights to fair trial in the court of law of the accused person. However pre-trial investigation is closely connected with fair trial of an accused. Impartial investigation is depending on the authority conducting the investigation. In absence of a separate investigating agency in Bangladesh, the investigating officers who belong to the police force are at times lagging behind the professionalism in wrapping up investigation of crimes for a plethora of reasons. In many instances the investigating officers are alleged to be discharging their duties in a casual manner. Though separate judicial magistracy started its journey about twelve years ago, delayed, defective and biased investigation of crimes is one of the major stumbling blocks that haunt our crippling criminal justice system. Colonial rules, too much reliance on confession of the accused rather than evidence oriented way of investigation and heavy workloads of law enforcing agency are major causes for lackadaisical investigation. Many officers also tend to be conveniently indifferent to the modern trends and technical developments of investigation techniques and human rights of the accused. It is also critical that the investigating officers are well-versed with the essential ingredients of the offences they are investigating. The investigators are also often handicapped in undertaking effective investigation for want of modern gadgets and equipment etc. In this age, the crime detecting members can also in no way sideline the core human dignity of the accused.
Constitutional law.
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
1. Write an explanatory note on ‘socio-legal research’.
2. Discuss in detail the various types of legal research and their importance.
3. Relevance of Empirical legal research.
4. Briefly discuss the induction and deduction method.
There are many 'red-notes' for recovering the assets against financing-crime in Indonesia. The Asset Confiscation Bill represents a significant step forward by incorporating Non-Conviction-Based Asset Forfeiture. NCB-AF is a powerful tool in the fight against illicit activities, allowing the seizure of assets tied to criminal actions, even without a conviction. As we move forward, it is imperative to ensure that safeguards are in place to prevent any unintended infringements on human rights, preserving the principles of justice and fairness.
From Crime to Cash Flow_ Understanding Asset Forfeiture's Financial Impact (2...jiyalouis
Several barristers at Millennium Chambers combine criminal and civil practices. Those who do, have expertise in the area of civil recovery and asset forfeiture
Hot Off the Presses: Recent Cases & Decisions (Series: Legal Ethics - Best Pr...Financial Poise
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recent-cases-decisions-2021/
During 2013/14, the IPCC has been carrying out work to look at ways of improving police handling of complaints, and to contribute to improving public confidence in the police complaints system.
Police forces have told us that there is a need for practical advice, in addition to our Statutory Guidance, to support them in handling complaints. In response, we have created a new publication – Focus.
The Right to Fair and Effective Investigation in Pre-trial stage refers to various aspects of criminal procedure designed to safeguard the innocent from the harassment of the state authorities, both judiciary and executive. Each and every accused person of the offence should be treated as an innocent person till the guilt is proved by the court. The accused person has rights to be just, fair, reasonable, and effective before the court in which the court and authorities must apply the just, reasonable and fair procedures on conducting their investigative task. They must perform their duties in accordance with procedure established by law. The United Nations contributed a lot in adopting declarations, conventions, and principles etc. which ensure the rights to fair trial in the court of law of the accused person. However pre-trial investigation is closely connected with fair trial of an accused. Impartial investigation is depending on the authority conducting the investigation. In absence of a separate investigating agency in Bangladesh, the investigating officers who belong to the police force are at times lagging behind the professionalism in wrapping up investigation of crimes for a plethora of reasons. In many instances the investigating officers are alleged to be discharging their duties in a casual manner. Though separate judicial magistracy started its journey about twelve years ago, delayed, defective and biased investigation of crimes is one of the major stumbling blocks that haunt our crippling criminal justice system. Colonial rules, too much reliance on confession of the accused rather than evidence oriented way of investigation and heavy workloads of law enforcing agency are major causes for lackadaisical investigation. Many officers also tend to be conveniently indifferent to the modern trends and technical developments of investigation techniques and human rights of the accused. It is also critical that the investigating officers are well-versed with the essential ingredients of the offences they are investigating. The investigators are also often handicapped in undertaking effective investigation for want of modern gadgets and equipment etc. In this age, the crime detecting members can also in no way sideline the core human dignity of the accused.
Constitutional law.
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
1. Write an explanatory note on ‘socio-legal research’.
2. Discuss in detail the various types of legal research and their importance.
3. Relevance of Empirical legal research.
4. Briefly discuss the induction and deduction method.
There are many 'red-notes' for recovering the assets against financing-crime in Indonesia. The Asset Confiscation Bill represents a significant step forward by incorporating Non-Conviction-Based Asset Forfeiture. NCB-AF is a powerful tool in the fight against illicit activities, allowing the seizure of assets tied to criminal actions, even without a conviction. As we move forward, it is imperative to ensure that safeguards are in place to prevent any unintended infringements on human rights, preserving the principles of justice and fairness.
Similar to Key-Conclusions-of-Study.pdfklwrkoioiorr (20)
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
हम आग्रह करते हैं कि जो भी सत्ता में आए, वह संविधान का पालन करे, उसकी रक्षा करे और उसे बनाए रखे।" प्रस्ताव में कुल तीन प्रमुख हस्तक्षेप और उनके तंत्र भी प्रस्तुत किए गए। पहला हस्तक्षेप स्वतंत्र मीडिया को प्रोत्साहित करके, वास्तविकता पर आधारित काउंटर नैरेटिव का निर्माण करके और सत्तारूढ़ सरकार द्वारा नियोजित मनोवैज्ञानिक हेरफेर की रणनीति का मुकाबला करके लोगों द्वारा निर्धारित कथा को बनाए रखना और उस पर कार्यकरना था।
पिछले दो सप्ताहों में, बेंगलुरु और दिल्ली में, दो राष्ट्रीय स्तर की बैठकों ने भारत के वर्तमान चुनाव आयोग (ईसीआई) की स्वतंत्र कार्यप्रणाली में विश्वास में कमी के कारण मतगणना की निगरानी करने के अपने इरादे की घोषणा की है। #VotersWillMustPrevail एक सामूहिक आंदोलन है जो अगले कुछ हफ्तों में और तेज होगा जो लोकतंत्र के लिए महत्वपूर्ण है। जन संगठन, किसान और श्रमिक समूह के अलावा सार्वजनिक बुद्धिजीवी इस प्रयास का हिस्सा हैं जो अगले कुछ हफ्तों में अपने काम को तेज करेगा।
विरोध प्रदर्शन के माध्यम से, महिला, दलित, किसान, अल्पसंख्यक, पिछड़े समुदाय, लैंगिक अल्पसंख्यक, वैज्ञानिक आंदोलन, छात्र और युवा आंदोलन से संबंधित संगठन हसन शहर में विरोध प्रदर्शन करेंगे और रेवन्ना का पासपोर्ट रद्द करने, पीड़ितों की गरिमा की रक्षा की मांग करेंगे।
आईसीडब्ल्यूआई (इंडियन सिविल वॉचलिस्ट) और Ekō की एक हालिया रिपोर्ट से पता चला है कि भारत के लोकसभा चुनावों से पहले सतर्क रहने का वादा करने के बावजूद, मेटा अपने प्लेटफार्मों पर एआई द्वारा उत्पन्न घृणा सामग्री को मंच दे रहा है।
18वीं लोकसभा के लिए चल रहे चुनाव के बीच, कलकत्ता उच्च न्यायालय ने चुनाव आयोग को निर्देश दिया कि चुनाव पूरा होने तक सत्तारूढ़ पार्टी (भाजपा) को टीएमसी के खिलाफ किसी भी प्रकार के विज्ञापन प्रकाशित करने और मीडिया के किसी भी रूप में ऐसे विज्ञापन प्रकाशित करने से रोका जाता है
Embed-3-1-1.pdf The ECI direction on April 2, 2024 can be read here:bhavenpr
18वीं लोकसभा के लिए चल रहे चुनाव के बीच, कलकत्ता उच्च न्यायालय ने चुनाव आयोग को निर्देश दिया कि चुनाव पूरा होने तक सत्तारूढ़ पार्टी (भाजपा) को टीएमसी के खिलाफ किसी भी प्रकार के विज्ञापन प्रकाशित करने और मीडिया के किसी भी रूप में ऐसे विज्ञापन प्रकाशित करने से रोका जाता है
भाजपा के विज्ञापनों ने खुलेआम आदर्श आचार संहिता का उल्लंघन किया: ईसीआई तय समय में याचिकाकर्ता द्वारा उठाई गई शिकायतों को संबोधित करने में पूरी तरह से विफल रहा है, एमसीसी असत्यापित आरोपों या विरूपण के आधार पर आलोचना पर रोक लगाता है - पीठ ने कहा।
लाइव लॉ ने न्यायमूर्ति गवई के हवाले से यह भी कहा, “राज्य (मध्य प्रदेश) ऐसे मामले में एक अतिरिक्त महाधिवक्ता को पेश करने में क्यों दिलचस्पी ले रहा है?” वह भी कैविएट पर?! जाहिर है, यह उत्पीड़न का मामला लगता है! किसी को उसे (याचिकाकर्ता को) परेशान करने में दिलचस्पी है!
14 लोगों को बुलाकर प्रमाण पत्र सौंपे गए, जबकि 300 से अधिक आवेदकों को ईमेल के माध्यम से डिजिटल हस्ताक्षरित प्रमाण पत्र प्राप्त हुए, सूत्रों का कहना है कि अधिकांश आवेदक पाकिस्तानी हिंदू थे।
अंधविश्वास विरोधी कार्यकर्ता और तर्कवादी दाभोलकर की सुबह की सैर के दौरान गोली मारकर हत्या किए जाने के करीब 11 साल बाद, पुणे की एक अदालत ने महाराष्ट्र पुलिस और सीबीआई द्वारा की गई जांच में गंभीर खामियों को चिह्नित किया है।
न्यायालय को सुल्तान के आचरण पर संदेह करने का कोई कारण नहीं मिला और साथ ही उसके न्याय से भागने की कोई संभावना नहीं थी, फिर भी जमानत की शर्तों के रूप में सुल्तान की संचार विधियों और गतिविधियों पर कड़े प्रतिबंध लगाए गए।
03062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
In a May 9, 2024 paper, Juri Opitz from the University of Zurich, along with Shira Wein and Nathan Schneider form Georgetown University, discussed the importance of linguistic expertise in natural language processing (NLP) in an era dominated by large language models (LLMs).
The authors explained that while machine translation (MT) previously relied heavily on linguists, the landscape has shifted. “Linguistics is no longer front and center in the way we build NLP systems,” they said. With the emergence of LLMs, which can generate fluent text without the need for specialized modules to handle grammar or semantic coherence, the need for linguistic expertise in NLP is being questioned.
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
role of women and girls in various terror groupssadiakorobi2
Women have three distinct types of involvement: direct involvement in terrorist acts; enabling of others to commit such acts; and facilitating the disengagement of others from violent or extremist groups.
1. Jinee Lokaneeta & Zeba Sikora
MAGISTRATES &
CONSTITUTIONAL
PROTECTIONS
An ethnographic study of first production
and remand in Delhi courts
2. 159
MAGISTRATES & CONSTITUTIONAL PROTECTIONS
KEY CONCLUSIONS
THIS ETHNOGRAPHIC STUDY of magistrate courts of Delhi draws attention
to two aspects of the criminal legal process that have received inadequate
focus, but are critical for ensuring the protection of life, liberty, safety and
dignity of an accused on arrest and during further detention.
Everyday Functioning of the Magistrate Courts
Though situated at the very bottom of the judicial hierarchy, the judicial
magistrate courts play a significant constitutional function, where every
person arrested must be produced within 24 hours of arrest.
Focus on the Pretrial Phase
The emphasis of the study is on the pretrial phase of the criminal legal process,
particularly during first production and remand, and the constitutional values
and substantive protections at stake in these proceedings.
First Production and Remand
The study considers the public performance of magistrates at first production
and remand hearings through courtroom observations in magistrate courts
in Delhi. First Production and Remand refers to the due process procedures
whereby the constitutional protections of the accused — life, liberty, dignity
and safety — under Article 21, can be reviewed by the magistrate under Article
22 (2) of the Constitution of India.
Ethnographic Approach
Observing the courtroom proceedings over a period of three months between
— November 2022 to February 2023 — allowed the team of eight researchers to
considerthefunctioningofcourtsatthisstage,beyondquestionsofcompliance
with procedural requirements. Researchers focused on the role of multiple
court actors, and observed the manner in which courtroom dynamics and
social hierarchies mediated the experience of the accused in the courtroom.
Artefacts of the Arrest Memo and Medico-Legal Certificate (MLC)
Observations attested to the prominence of two key procedural requirements
atfirstproductionandremand,theArrestMemoandMLC.Boththeseartefacts
were originally introduced to ensure transparency and accountability in
police action and the safety of the accused on arrest and in detention. Rather
than thinking of these safeguards as bureaucratic documents, we define them
as artefacts that were introduced as creative mechanisms to address concerns
with liberty and safety of the accused at this stage, and function as a starting
point for the judicial scrutiny of the magistrate at first production and remand
– making it a substantive protection and not only a technical requirement.
3. 160
KEY CONCLUSIONS
Engagement of Magistrates
Mostmagistratesensured thepresenceoftheArrestMemoand/ortheMLCinthe
file during production and whether the required details were filled in. The system
thus acknowledges that the Arrest Memo and MLC are important to protect the
accused from illegal detention and torture in this vulnerable phase of custody. .
Engagement with Paperwork
■ Paperwork may not always be a comprehensive or even an accurate
record of the experience of the accused. Meaningful engagement with
the artefacts is key to ensuring that the paperwork corresponds with the
actual experience of the accused on arrest.
■ The absence of a standard format for Arrest Memo or the MLC contributes
towards the lack of clarity about the information necessary to protect the
rights of the accused at this stage.
■ There are gaps in information arising from an absence of information in
the forms. For example, in the Arrest Memo in use in Delhi, there is no
column for age.
■ The focus of the court was on ensuring that compliance with procedure
was reflected on paper. Even where violations were noticed, they were
absorbed and corrected on paper, while its impact on the rights of the
accused was overlooked.
■ Since first production and remand are seen as a procedural requirement
wherepaperworkisprioritised,thecourtadministrativestaff,particularly
the naib court, appear to take on an unusually important role in these
proceedings. They are key actors coordinating productions and checking
that the paperwork are in order.
Experience of the Accused
■ Magistrates rarely interact with the accused to ascertain their well-being
beyond a brief query. Unless the magistrate embarks on a meaningful
interaction with the accused, their family, and the remand lawyers, they
are unable to ensure the actual protection of the accused’s rights.
■ The entire system is organised such that the onus is on the accused to
themselves draw the magistrate’s attention to violations experienced in
custody.
■ The examination of the MLC is not taken as an opportunity to probe
the origin of injuries — by the police or the public — and to ensure the
continued well-being of the accused.
■ There is an absence of an Inspection Memo or record of injuries/condition
of the accused on arrest.
■ Accusedareproducedfrompolicecustodybypoliceofficersfromthesame
police station investigating their case. There is no separation between the
police and the accused at this stage in order to create an environment that
is conducive to the accused to raise their concerns about possible police
violence, that even the most sympathetic magistrate cannot overcome.
■ The focus of the jurisprudence at pretrial stage regarding first production
and remand appears to be more concerned with questions of unnecessary
arrest and detention, while issues of custodial violence and safety of the
accused are inadequately addressed.
4. 161
MAGISTRATES & CONSTITUTIONAL PROTECTIONS
Role of Remand Lawyers
Despite ‘remand lawyers’ (a special category of legal aid lawyers) being
especially appointed to ensure legal representation at the pretrial stage, they
were noticed to be usually absent from court. First productions and remand
were usually carried out in the absence of legal representation, often in
magistrates’ chambers without any public gaze on the proceedings.
Workload of Magistrates
Structurally, first production and remand proceedings do not appear to be
accorded proper time in the daily workload of the magistrate. In the already
burdened work day of the magistrate, first production and remand matters
are heard at random, in parallel to or in between other proceedings in the
court; contributing to the absence of remand lawyers and legal representation.
The heavy workload of magistrates, and the perception of these pretrial
proceedings as unimportant, might result in magistrates not treating each
and every production matter before them as unique and warranting a careful
inquiry into the detention and well-being.
Invisibilisation in Causelist
Production matters are not even mentioned in the cause list, the most publicly
visible document of the schedule of a magistrate court. While these are not the
only category of matters excluded from the cause list, its exclusion appears to
undermine the substantive importance of this procedural requirement.
Consequences of Violations
While there are constitutional and statutory protections to be followed on
arrest and in custody, there is an absence of clear guidance about the tools
available for magistrates to deal with the violation of these safeguards at first
production and remand.
Future directions
■ This study offers a starting point for conversations, interventions and
further research on magistrate courts and remand hearings, and district
courts in general.
■ With extended periods of pretrial detention in the new criminal law
framework1
, there is need for urgent attention to ensure that statutory
safeguards are implemented substantively and systemic faultlines
addressed effectively. While the new criminal laws intend to bring about
LIMITS OF ENGAGEMENT
Magistrate courts are primarily focused in the first level analysis namely
(ensuring presence of artefacts in the case files). There was not enough effort
to verify the contents of the paperwork, or inquire with the accused present
in court or with the family of the accused. Very rarely did magistrates treat
these artefacts as a starting point of their inquiry, to ascertain the reality of
the experience in custody, and to ensure that the constitutional purpose
behind the safeguards had been substantially felt by the accused. The public
performance of ensuring compliance with statutory safeguards and ensuring
realisation of constitutional rights is not given its due importance.
5. 162
KEY CONCLUSIONS
1
See S.187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 which is due to replace the Code of
Criminal Procedure, 1973 in July 2024, as part of the complete overhaul of criminal laws in India.
2
AdifferentsystemofjudicialhierarchyofMetropolitanMagistratesinMetropolitanareas,including
Delhi (Section 16 to Section 19, CrPC) has been excluded under the Bharatiya Nagarik Surakha
Sanhita, 2023 (due to be enforced in July 2024).
changes in the structure of the magistracy2
, the organisation and work
structure of a magistrate remains unchanged.
■ The implication of not providing relief for violations of safeguards at the
pretrial/ first instance has the potential of undermining the integrity of
the criminal justice system.
■ The significance of the role of the magistrate in ensuring the life, liberty,
safetyanddignityoftheaccusedhasalsobeenoverlookedinjurisprudence.
There also remain gaps in the law regarding what amounts to a violation
of safeguards on arrest and remand, and the consequences of the same. ■