ALTERNATE DISPUTE RESOLUTION

T1-Synopsis

“REVIEW OF ALTERNATE DISPUTE RESOLUTIION IN CRIMINAL TRIAL

UNDER INDIAN JUDICIAL SYSTEM”

by

G SHASHANK RAO

BBA LLB; Division C; PRN 17010324019

Batch 2017-22
Submitted to

Symbiosis Law School, Hyderabad

Symbiosis International (Deemed University), Pune

Under the guidance of

Dr. Irfan Ali Abbas

Visiting Professor

Alternate Dispute Resolution

In

September, 2021
INTRODUCTION

Background

Many cases are pending in Indian courts. Alternative Justice Resolution (hence referred to as
ADR) has gained critical importance in practically every civilised society as lawsuits have
skyrocketed. Negotiation, mediation, arbitration, collaborative law, and conciliation are all
examples of alternative dispute resolution1. The parties rely on a third-party decision-maker
to reach binding decisions in arbitration. In the event of a negotiation, the attorneys for both
parties work together to resolve the conflict. Mediation is a way of bringing about a voluntary
resolution and settlement via the use of a neutral third-party.

Alternative Dispute Resolution (ADR) refers to processes that take place outside of the
courtroom. Because the number of pending court cases and lawsuits has increased
dramatically, ADR has become increasingly important in practically every civilised society.
It is necessary to recollect US President Abraham Lincoln's famous statements underlining
the importance of ADR2.

The idea of an alternative dispute resolution (ADR) component in criminal cases emerged
from a urgent need to give a straightforward and open solution for helpless hoodlums who are
at fault for engine vehicle accidents and other disputes which are concise in nature such as
matrimonial disputes , recovery etc to save time and money invested in it resulting in saving
of resources which is the dire need of the judicial system . The Legal Services Authorities
Act of 1987 give a certification and backing of some sort to acknowledge a speedy justice
system outside of court room called Lok Adalat3. Lok Adalat's are presently taking on another
measurement to help the lower areas of society manage their legitimate troubles. It offers
defendants with a legal discussion to settle their issues through arranged settlements before
Lok Adalat judges4.

To ease the burden, the Legal Services Authorities Act, 1987 introduced Lok Adalat through
2002 amendment, for the settlement of disputes related with public utility organizations
using an ADR method5.

1
https://madhavuniversity.edu.in/critical-study-on-adr.html
2
https://www.lawctopus.com/academike/criminal-cases-adr/
3
https://madhavuniversity.edu.in/critical-study-on-adr.html
4
https://heinonline.org/HOL/LandingPage?handle=hein.journals/ijlj7&div=26&id=&page=
5
https://www.lawctopus.com/academike/criminal-cases-adr/
In the criminal setting, ADR represents a pattern toward 'helpful' equity, which considers a
wrongdoing as an infringement of one individual's right by another, with equity zeroing in on
repairing the casualty's aggravation.

In the criminal setting, ADR remembers an idea of restitution for the setting of temporary
equity, which might possibly be available in civil intercession. In the civil setting, repayment
alludes to an act on a wrongdoer to accomplish something advantageous in the interest of the
person in question and society, which might incorporate remuneration, local area
administration, etc, and is essentially a piece of the court settlement6.

In criminal instances, ADR entails a final settlement that must be declared in court under
varied rules, however in civil situations, the same is confidential and solely between the
parties.

On the other hand the judiciary, was not open to the idea of including mediation as an option,
as evidenced by the landmark case of Afcons Infrastructure v. C V Construction and Ors 7.,
which held ADR is not the most judicially sound method for Criminal Trial.

The 154th Report of the Law Commission was quick to propose the incorporation of the idea
of supplication bartering in Indian criminal law to decongest courts introduced a method of
outside dispute resolution with the Criminal Amendment Act, 2005 ready for it in Chapter
XXIA, Sections 265 A to 265Lof Code of Criminal Procedure 8. It considers supplication
haggling in situations where the most extreme sentence is seven years, the wrongdoing no
affects the country's financial circumstance, and the wrongdoing was not carried out against a
lady or a kid younger than fourteen.

Sections relevant to ADR:

 Section 265C comes as a remedy adopted by courts when arriving at a commonly

satisfactory resolution. The court serves notice to the intrigued public investigator, the
researching official of the case, the survivor of the case, and the blamed to go to a
gathering to work out an OK resolution of the case for a situation started on a police
report. The Court just serves notice to the blamed and the casualty in an objection
case9.
6
https://shodhganga.inflibnet.ac.in/bitstream/10603/111472/11/11%20chapter%2002.pdf
7
2010 (8) SCC 24
8
https://madhavuniversity.edu.in/critical-study-on-adr.html
9
https://blog.ipleaders.in/alternate-dispute-resolution-criminal-jurisprudence/
  Section 265D establishes the method for preparing and submitting a report of
mutually agreeable disposition. While doing so, two situations may emerge, as stated
in the provision itself:
 On the off chance that the court composes a report of the satisfactory demeanor,
assuming any, at a gathering under area 265-C, it should be endorsed by the directing
official of the Courts and any remaining people who went to the gathering.10.
 In the event that no resolution has been reached, the court will proceed with the
blamed's preliminary; under the necessities of the CrPC, 265-B has been documented
in such a case, in the wake of recording the perceptions of disappointment of the
resolution11.

International perspective

UNITED STATES OF AMERICA: The person in question and the guilty party of the
wrongdoing are united to meet vis-à-vis under the coordinated administration of a go between
in the United States. Intervention can occur anytime during the legitimate interaction, yet it
almost consistently occurs after the court has been involved. As indicated by a public review
performed by the US Department of Justice, almost 33% of interventions happen before to
any conventional judgment of culpability 12, while the greater part happens from there on. In
the United States, even the most genuine vicious offenses, like genuine attack and murder,
have been effectively intervened.

Conclusion 

The Indian Criminal Jurisprudence has progressed for not recognizing ADR to assessing the
possibilities of it by reviewing other states and republics and what is the sense of the general
population and the Policy’s social impact.13. Alternative Dispute Resolution (ADR) is a
special case for average court systems that ought to be utilized all the more often and totally.
Accordingly, such out-of-court settlements are basic for diminishing the courts' exorbitant
responsibility, and they ought to likewise turn into the "new ordinary."

RESEARCH METHODOLOGY

Generally, there are three ways in which the research study is carried out. They are:

10
https://shodhganga.inflibnet.ac.in/bitstream/10603/111472/11/11%20chapter%2002.pdf
11
http://www.questjournals.org/jrhss/papers/vol5-issue7/F574350.pdf
12
https://www.lawctopus.com/academike/criminal-cases-adr/
13
https://blog.ipleaders.in/alternate-dispute-resolution-criminal-jurisprudence/
 ● Doctrinal Research

● Non- Doctrinal Research

● Empirical Research

This study has been carried out by following Doctrinal Research Methodology. It has further
helped in analysing the Sections related to the alteration or Amendment of the Object Clause
of the Memorandum with legal concepts and case laws and statutes. The research adopted
closely assesses the impact it has on both the government and the citizens of the state by
closely reviewing intricate cases and accumulating the data to form an opinion. Doctrinal
method is normally a two-part process, because it involves:
● First part of doctrinal methodology:

Locate the Sources of Law and to Frame the Research Questions

● Second Part of the Methodology:

RESEARCH QUESTIONS

 WHAT IS THE SCOPE OF ADR IN A CRIMINAL TRIAL?

 WHETHER THE PROVISONS FROM THE CIVIL PROCEDUREC BE ADAPTED
AND ADJUSTED FOR INCLUSION OF ALTERNATE SETTLEMENTS IN
CRIMINAL TRIALS?
 WHETHER THE SCOPE OF ADR IN CRIMINAL TRIALS IN DIFFERENT
COUNTRIES CAN BE ADOPTED I TH EINDIAN JUDICIAL SYSTEM?

STATEMENT OF RESEARCH OBJECTIVE

There are roughly 59,867 criminal cases waiting before the Supreme Court of India,
according to a well-known idea in the Indian judicial system: "justice delayed is justice
denied." The situation is significantly worse in the subordinate legal system, with 44.75 lakh
cases pending before India's high courts and 3.14 crore cases pending before district and
subordinate courts. In the recent decade, the number of cases pending in Indian courts has
grown. Around 25% of the cases in the High Courts have been outstanding for more than ten
years. The backlog of cases before the courts has become a challenge for our country's legal
system. As a result, there is an urgent need for an ALTERNATE method of resolving
criminal disputes in order to provide correct and timely justice.

The following is the objective of this paper

 To conclude on a definite way of alternate settlement which is judicially sound.

  To take instances for different case laws and Provisions to observe and comment on
their efficiency in criminal matters if possible.
 To review ADR policy in criminal matters of other States and Republics so that there
can be a fair opinion on the functioning of the same.

SCOURCES

 https://madhavuniversity.edu.in/critical-study-on-adr.html
 https://blog.ipleaders.in/alternate-dispute-resolution-criminal-jurisprudence/
 http://www.questjournals.org/jrhss/papers/vol5-issue7/F574350.pdf
 https://shodhganga.inflibnet.ac.in/bitstream/10603/111472/11/11%20chapter
%2002.pdf
 https://www.lawctopus.com/academike/criminal-cases-adr/
 https://heinonline.org/HOL/LandingPage?handle=hein.journals/
ijlj7&div=26&id=&page