TYPES OF CRIMINAL JUSTICE SYSTEM

• Common law countries- Adversarial system- e.g.: United Kingdom

• Civil law countries – French model- Inquisitorial system- e.g.: France

• Common law countries- Burden of proof is on the prosecution

• Civil Law countries- Burden of proof is on the accused to prove his innocence

• Dilemma- Whether the laws should become victim/accused centric?

KEY CHARACTERISTICS

ADVERSARIAL INQUISITORIAL

1.Accused rights given preference 1.Accused right is secondary to

2. Victim has no role during the mission of truth
investigation or during the 2.Victim has role in every stage.
prosecution.
3.There is an effort to find out
3.Fairness of trial is maintained by
the truth.
judge maintaining a position of
neutrality 4.France
4.United Kingdom, India
STATUS OF VICTIM’S UNDER THE INDIAN ADVERSARIAL SYSTEM
• Victim’s can not participate in the trial except as a prosecution witness
• Victim’s cannot engage an efficient lawyer of her choice
• Appointment of prosecution is not on the basis of merit
• Vic’s int are not well protection during investigation and trial
• No scheme/legislation for victim protection
• Laid back attitude in the implementation of even the existing laws
• No information regarding the status of case will be provided to the concerned parties
• No fair treatment of the parties
• Secondary victimisation at the hands of the agencies of the CJS
CONTINUED..

• No right to effectively coordinate with the prosecution

• No say in the matter of sentencing (Victim Impact Statement)
• Victims are not being given adequate compensation
• The word “Victim” has been defined in Cr.P.C only in 2008
TOPICS TO DISCUSS
• Krishna Iyer’s quote
• Malimath quote
• English laws underwent reforms
• Children – oppressed groups – rights – after 2000
• Victim rights – right of appeal
• Through special legislations – DV Act, POCSO, SC/ST Act
DEVELOPMENT AND POSITION OF VICTIMS RIGHTS

1. THROUGH AMMENDMENTS AND LEGISLATIONS

United Nations Convention of Child rights of (CRC) in 1992

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,2000
The Commission for Protection of Child Rights Act, 2005
PROHIBITION OF CHILD MARRIAGE ACT 2006
2. THROUGH JUDGE MADE LAWS

• State of Punjab v. Gurmit Singh

• M.Veersamy vs. State of Tamil Nadu

• Vishaka vs.State of Rajasthan

•3.SPECIAL LEGISLATIONS
• Apart from the existing laws 3 special legislations were enacted targeting specific groups

• DV Act

• POCSO Act

• SC/ST Act
A. DOMESTIC VIOLENCE ACT
• Definition of domestic violence covers all forms of physical, sexual, verbal, emotional and economic abuse that can harm,

cause injury to, and endanger the health, safety, life, limb or well-being either mental or physical of the aggrieved person.

• Complaint can be given against any male, adult person who is, or has been, in a domestic relationship with the aggrieved

person. A complaint can also be filed against relatives of the husband or the male partner namely respondent’s mother, sister

and other relatives

• Many States have not implemented the Act fully.

B.POCSO

• SAKSHI v. UOI

• The Act for the first time has introduced a gender neutral law which is applicable to

sexual offences committed against a male child also

C.SC/ST ACT

• Article 17 of the Indian Constitution

• State Of M.P. & Anr vs Ram Krishna Balothia & Anr

• Justice K Ramaswamy “The caste system is a curse on the nation and the sooner it is

destroyed the better. In fact, it is dividing the nation at a time when we have to be united to

face the challenges before the nation unitedly. Hence, inter- caste marriages are in fact in

the national interest as they will result in destroying the caste system”
NEED FOR COMPREHENSIVE LEGISLATION

• Not just 3 groups are victims

• Example – USA Victim rights Act – for all victims of crime

JENITA , ANURADHA
KRISHNAGIRI
UTHAPURAM