INTRODUCTION
The criminal justice system exists to defend the innocent and punish the wicked. The basic guidelines of the criminal justice system can be deduced from a variety of legislation, including the Constitution and court rulings, even if they are rarely codified. This article will cover the system’s development and history, its institutions, different viewpoints on the constitutional element of citizens’ rights, reform initiatives, and the administration of justice.
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INDIAN CRIMINAL JUSTICE SYSTEM- CONSTITUTIONAL PROVISION
The 7th Schedule’s concurrent list has items 1 and 2, respectively, for criminal law and criminal process, which encompass all topics covered by the Indian Penal Code and the Code of Criminal Process. Under this category, for instance, offenses against the law about subjects listed in Lists I or II of the 7th Schedule to the Constitution, except using the armed forces—air, naval, or military—come under no circumstances.
INDIAN CRIMINAL JUSTICE DURING MEDIEVAL TIMES
From the eighth century A.D. until the fifteenth century, India experienced a string of invasions that ended with the establishment of Mughal Rule.
adhered to a criminal code that categorized all crimes according to the appropriate punishment, which included blood for blood reprisal, special punishments for theft and robbery, and optional penalties.
CRIMINAL JUSTICE SYSTEM IN IT’S PRESENT FORM
India’s criminal justice system adheres to the pre-independence legal protocols set by the British.
The first Law Commission of India produced the Indian Penal Code (IPC), which defined crime and specified suitable penalties. The IPC was enacted in 1860.
It was created in compliance with English criminal legislation.
The Code of Criminal Procedure was enacted in 1861 and set forth the guidelines that had to be adhered to at all times. In 1973, this was changed.
The 1993-established NN Vohra Committee noted the growing criminalization of politics and discussed the unholy link.
It was an attempt to further the criminal justice system’s changes.
The Justice Malimath Committee produced a report in 2003 that contained 158 recommendations.
The Committee believed that the current system “did not adequately focus on justice to the victims of crime and weighed in favor of the accused.”
WHAT WAS THE NEED FOR REFORMS?
Based on regulations enacted centuries ago, the distribution system has somewhat lost its ability to accomplish its intended goals.
growing judicial pressure and a large backlog that delays the administration of justice.
In certain ways, the delay and length of time needed to administer justice have not prevented criminal offenses or their recurrence.
Their offense is to be established and prosecuted in a court of law since a significant portion of those who are under trial languish in jails as a result of a lack of coordination.
CONCLUSION
A law-abiding society cannot exist at all unless the criminal justice system is robust and effectively operating. The domestic legal system must adapt to the needs of the modern world and the complexity of crimes. For effective provisions to serve justice and serve it right—that is, to ensure that no innocent person faces discrimination or exclusion that might result in a miscarriage of justice—a wider discourse including all stakeholders is necessary.