Criminal Justice System

Soorya S -17BLA1014
Vijayshree E.R – 17BLB1044
 An Overview
• (1) community and law enforcement,
• (2) arrest and initial detention including court hearings,
• (3) jails and specialty courts,
• (4) reentry,
• (5) community corrections.
 Introduction
• The aim of the Criminal Justice System (CJS) is to protect the rights and personal
liberty of individuals and the society against its invasion by others.
• The objectives of the criminal justice are prevention and control of crime,
maintenance of public order and peace, protection of the rights of victims as well as
persons in conflict with law, punishment and rehabilitation of those adjudged guilty
of committing of crimes, and generally protection of life and property against crime
and criminality. It is considered the primary obligation of the state under the
constitution of India.
 Evolution of Criminal Justice System of India

• Ancient: the concept of ‘Dharma’

• During the Gupta’s era, the judiciary consisted of the guild, the folk assembly or the
council and the king himself.
• Medieval:
• Series of invasions,  beginning in the 8th Century A.D. and ending in the 15th century,
stabilizing by the time of Mughal Rule
• Present:
• Legal procedures established by the British during the pre-independence era.
• The Government of India formed a panel headed by the former Chief Justice of Kerala
and Karnataka, Justice V.S. Malimath, to suggest an overhaul of the century-old criminal
justice system.
• The Justice Malimath Committee submitted a report with 158 recommendations.
 Malimath Committee Recommendation
• There is a need for more judges in the country.
• Justice to the victims
• Presumption of Innocence
• Central law for organized crime and terrorism
• Offences classification
• Director of Prosecution
• SP in each district
 Judicial Review and Criminal Justice
Administration
• In Sunil Batra vs. Delhi Administration and Others (1980), Mr Justice V.R. Krishna Iyer
pronounced: “prisoners have enforceable liberties, devalued may be but not
demonetized; and under our basic scheme. Prison Power must bow before Judge
Power, if fundamental freedoms are in jeopardy.”

• For the undue arrest and harassment by the police there had been a number of cases
in the Supreme Court. The Supreme Court had laid down guidelines governing arrest
of a person during investigation. This has been done with a view to strike a balance
between the needs of Police on one hand and protection of Human Rights of citizens
from oppression and injustice at the hands of the Law Enforcement Agencies on the
other hand.
 Conclusion
• The current status of the Criminal Justice system throws many challenges to the
government. But the Indian criminal justice system suffers from serious underfunding
and understaffing, and continues to be extremely slow.
• More specifically, the aim is to reduce the level of criminality in society by ensuring
maximum detection of reported crimes, conviction of the accused persons without
delay, awarding of appropriate punishments to the convicted to meet the ends of
justice, and prevention of recidivism.
• Efforts of the superior courts of the country to provide new contents to criminal justice
have also resulted in paradigm shifts in prison reforms, treatment of under-trials, and
rehabilitation of victims.