IAS important article on Criminal justice system at a glance

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General Studies Paper-2

Politics and Governance

Mains Question:-

With the assurance of justice to the criminal justice system in India, is a sword, guard and shield of the rights of millions? Discuss?

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Criminal Justice System: At a Glance

 Context

In recent times, the rising crime and the process used in the disposal of those crimes have raised questions on the Indian criminal justice system.

Introduction:-

Criminal justice system A means those agencies which take stringent action against criminal powers for the purpose of maintaining law and order in the country.

The criminal justice system is essentially an instrument of social control.
This criminal justice system serves to arrest and punish criminals to prevent these crimes.

ØAlthough society maintains other forms of social control, such as families, schools, and churches. But these enable moral, abusive diagnosis. Only the criminal justice system has the power to control crime and punish criminals.

 The objectives of the criminal justice system are

Ø Maintaining law and order in society.

Ø Punishing criminals.

Ø Prevent criminals from committing crimes in the future.

 Components of criminal justice system and their major issues: -

 Police system

Police is a frontline of the criminal justice system, which has played an important role in the administration of justice

 Problems with police:-

The Indian government is ignoring the modern-day demand of the National Police Commission and is not ready to make any changes in the colonial law. The accountability of the police is most affected by the fact that the police is controlled by many agencies and mandates, and indirectly they are also victims of political ambition. Along with this, problems like lack of morality and low pay would lead to corruption in the police. is. Which weakens this pillar of the criminal justice system.

 Judiciary

Ø The judiciary played a key role in the implementation of the role of law. The most important duty of the court is to protect human rights and provide relief to the victim. The criminal judiciary system in India pays more attention to protect the rights of the individual. And the court should focus on the victim as well as the witness.

Ø Judges need to play a more active role in the administration of justice. There are many judges who disqualify themselves from the advancement of criminal justice because they are following the old justice attitude, and at the same time they believe in justice according to a strict interpretation of the law. Criminal judiciary reform is a matter of grave concern that required effective enforcement of the judge's activism

Ø Along with this, the delay in justice puts a question mark on the court somewhere and people become a threat to law and order in an effort to get justice outside the system.

 Prison:

The real purpose of the prison should be the correctional home, but the inhuman acts of the prisoners in the prisons, which are dominated by the colonial ideology, make them even bigger criminals. Along with this, problems like over-capacity prisoners, food etc. in the prison bring attention to the prison reform . It is necessary to reform this column to organize the criminal justice system.

 Rights against inhuman treatment of prisoners

Ø   Police Investigates Personally, they must keep a record in the register with clear identification and name tag along with their designations.

Ø The police officer will prepare a memorandum of arrest at the time of arrest.

Ø The arrested person should be aware of these rights that someone is made aware of his arrest.

Ø His arrest and major and minor injuries should also be investigated at the time of arrest.

Ø Arrest should be medically tested by a trained physician every 48 hours during his detention in the custody director by a doctor on a panel of approved doctors appointed by the director.

Ø The arrestee should be allowed to meet his lawyer during the interrogation, although not during the interrogation.P

 Malimath Committee

1. The task of examining the fundamentals of criminal law so as to restore confidence in the criminal justice system.

2. It included a review of the Criminal Procedure Code (CrPC), 1973, the Indian Evidence Act, 1872 and the Indian Penal Code (IPC), 1860. The government should recognize the necessary recommendations of the Mulimath Committee. However, this time the government is considering it.

 Conclusion

If the administration of the justice wants to give good result and it is the duty of the courts to act with the great promptitude. Innocent person should release mmediately and the guilty person should get punished as early as possible. The problem in delay of the cases is not new in India it has been existence since a long time. on the one part judicial system is under strain and on the other part it has shaken the confidence of the people. The Supreme Court made it clear that speedy trial is the essence of criminal justice and the delay in trial by itself constituted the denial in justice. Article 21 talks about the speedy justice are inescapable. The

researcher fined that the number of committees were constituted to examine the problem of delay. Indian constitution imposes duty on the judicial system for providing the legal mechanism which deals with the problems related to justice. In India courts have different levels to decided cases but many of the cases are pending and the number of the pending cases is increasing day by day. In India judiciary system is expected to be the sword, sentinel and shield of rights of the humblest millions with an assurance to bring justice.