Q # 06: Define administration of justice.

How would you

distinguished between civil and criminal justice?
1) Introduction
 Administration of justice is the solid pillar of the Government.it cannot be violated with force
.The most essential functions of a state are two, war and administration of justice and if a state is
not capable of performing either or both of these functions. It cannot be called a state. Current
system of administration of justice is very powerful which is protecting the lives , properties, and
others rights from criminal. The object of administration of justice to give punishment to criminal
and keep them away from violation of others rights. Broad objective of administration of justice
is to compensation to wronged from wrong doer. The purpose of the law is to achieve the justice
and justice can be achieved through administration

2) Definition of administration of justice

 The administration of justice is meant the maintenance of rights of the political community by
means of physical force of the state”

3) Necessity of administration of justice

 In old age, might was the sole right. Every man was his own judge. A person wronged would seek
revenge by his own hands. To stop this negativity ,it felt that some strong tribunal should hold
administration and now a state is performing administration and without a common power to
keep them all in awe (Drr).it was not possible to live in a society”

4) Reasons for need of administration of justice

Following are the reason for the necessity of the administration of justice

1. Man is fighting animal

 Man is by nature a fighting animal who always uses the force in order to seek justice and
from stone age, men are fighting with one another upon different social matters

2. Man is a social animal

 The social nature of the man demands that he must live in a society
 While living together, man has experienced the conflict of interests
 Such kind of conflictions, created the necessity for providing the administration of
justice

3. To stop criminal activities

 Without physical force it was not possible to stop criminal activities and keep criminals
away from gaining unfair advantages for better development of society
 4. Check on justice
 Without physical force, administration of justice was not possible and without justice
the life of people is poor, and short

5) Origin of administration of justice

 The origin (Ibtada) and growth of administration of justice is same as the origin and
growth of man. The social nature of the man demands that he must live in a society.
While living together, man has experienced the conflict of interests. Such kind of
conflictions, created the necessity for providing the administration of justice. The origin
and growth of administration of justice is divided into three stages

1. First stage
 At the first stage, might was the sole right at that time, every man was a judge in his
own .Person wronged seeks revenge by his own hands each and every man spent his life
on his own style

2. Second stage
 The second stage started with the development of political states and those states
which were not strong enough to control crimes and impose punishments to criminals .
These states developed the concept “a tooth for a tooth” and “an eye for an eye” and “a
life for a life” but furthermore, state provided that a life shall not be taken for a tooth or
for an eye

3. Third stage
 With the growth of the power of the state. State began to act as a judge to analyses the
liability and imposition of penalty due to which punishments were given against crime
the civil law and administration of civil justice helped the wronged against violation of
his rights in the shape of compensation. At present administration of justice, no one can
release himself from judicial decisions and punishments providing according to the law

6) Classification of administration of justice

Administration of justice in divided into two parts:
1) Administration of civil justice
2) Administration of criminal justice

1. Administration of civil justice

 Administration of civil justice is dealt with in civil proceedings. The object of civil justice
is to enforce rights
  Kinds of rights
There are two kinds of rights connected with civil justice.

I. Primary rights
 The Fundamental rights are defined as basic human freedoms
 Every citizen has the right to enjoy his life with all rights
 These rights universally apply to all citizens, irrespective of race, place of birth, religion,
caste or gender.

II. Secondary rights

 Secondary rights are those rights which come into existence after the violation of
primary rights.
 Secondary rights are:

 The right to the compensation of damages by the wrong doer

 Imposition of penalty on the wrong doer by penal action

 Explanation
 If A enters into a contract, performing a contract is his primary right
 If that contract breaches, he is compensated against the loss of contract which is his
secondary right

2. Administration of criminal justice

 Administration of criminal justice is dealt with in the criminal proceedings
 The object of the criminal justice is to punish the wrong doer
 From very ancient time, a number of theories have been given related to giving of
punishments which have been divided into two classes
 According to first class, the object of the criminal justice is to protection of the state and
society
 According to second class, the purpose of punishment is retribution (Badla)

I. Aims of criminal justice

Following are the aims of criminal justice.

1) Enforcement of criminal law

2) Protecting society through maintaining law and order
3) Helping victims
4) Punishment to criminal
7) Distinction between civil and criminal justice
The difference between criminal justice and civil justice cannot be measured in terms of physical
concerns of the act. Following are the differences between civil and criminal justice.

1. As to administration
 Civil justice is administered according to one set of form
 Criminal justice is administered according to another set of form

2. Place of administration
 Civil justice is administered in one set of courts i.e. civil courts
 Criminal justice is administered in different set of courts i.e. criminal courts

3. As to object
 Object of civil justice is to enforce rights
 Object of criminal justice is to punish the criminals

4. Dealing
 Civil justice deals with private wrongs
 Criminal justice deals with public wrongs i.e. crimes against society
5. Proceedings
 Civil justice deals with in civil proceedings
 Criminal justice deals with in criminal proceedings

6. As to parties
 In civil proceedings, private individual are parties e.g. plaintiff vs defendant
 In criminal proceedings, state represent itself as a part i.e. state vs accused
7. As to Crime
 Civil wrongs are less harmful
 Criminal wrongs are more harmful
8. As to outcome
 Civil proceedings result in judgment of damages etc
 Criminal proceedings result in one or number of punishments

9. As to institution of proceedings
 In a civil wrong, injured person can prevent the wrong doer from civil proceedings
 In criminal wrong , injured person cannot prevent the wrong doer IS being taken the
punish
8) Conclusion
 The administration of justice is needed always in all societies. Current system of
administration of justice is very powerful which is protecting the lives, properties, and
others rights from criminal. The object of administration of justice to give punishment to
criminal and keep them away from violation of others rights. Broad objective of
administration of justice is to compensation to wronged from wrong doer . The purpose
of the law is to achieve the justice and justice can be achieved through administration