Bottlenecks in Criminal Justice System

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Through ‘administration of justice’ society gets a hold on ‘criminal justice’ & ‘civil justice’. Criminal justice is dispensed for public wrongs---public wrong is breach of right of community; civil justice is dispensed for private wrongs---private wrong is a breach of right of individual. Crime committed against an individual is considered a wrongful action against the whole society e.g. murdering an individual is considered murdering the whole society. Criminals are brought to justice through a particular system of justice based upon legislative principles; in-fact the system disfavor arbitrary powers of officials engaged in dispensation of justice. System does not come in to existence itself but human beings made it to achieve certain purposes. Our criminal justice system is chiefly consists of Pakistan Penal Code & Code of Criminal Procedure; the former is the substantive law & the later is procedural law. Generally speaking no system is bad , it is the human beings who make it functionally good or bad; following are some social bottlenecks in our criminal justice system: (1) Uneducated & uncivilized society. (2) Capitalistic society. (3) Scarcity of dynamic Judges & Lawyers adept in legal knowledge & linguistic skills required to understand the system. (4) Restricted application of modern technology. (5) Custom to file frivolous FIRs against rivals. (6) Control of politicians on Police stations. (7) Irrational attitude of Police officers. (8) Rishwat or impersonation (9) Extra judicial killings (10) Procedure of trial consumes lots of time (11) Police officials disobey Court’s order for filing an FIR (12) Multiplicity of cases in a court cause delay in disposing the cases.

(13) Delaying tactics of advocates. From the above facts, it may be deduced that it is the people who create bottlenecks in the effectiveness of the system; social engineering through education can bring transformation in the behavior of the society and thereby criminal justice system can be made fully effective with in next 50 years. The pace of change in the evolution of society is very slow; in-fact 90 percent of our society live by emotions not by philosophy. Living by philosophy can only make the system effective. Transformation from living by emotions to living by philosophy will bring radical change in all the systems of our society.

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