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CRIMINAL‌ ‌LAW‌

 “A crime is an unlawful act punishable by a state or other authority”.

Criminal law and criminal procedure fall under the Concurrent List while matters relating to Police and Prisons fall under the State List. The laws that govern criminal law in India are the Indian Penal Code, 1860 (IPC) and the Criminal Procedure Code, 1974 (CrPC). The IPC provides for the substantive law to be followed in case a crime has been committed. The CrPC provides for the procedures to be followed during investigation and trial by the police and courts.

There exist specific courts for criminal trials to held called Sessions Courts at the District level. India has adopted the adversarial system of legal procedure wherein the judge acts as a neutral party and the case is argued by the prosecutor suing the plaintiff and defense attorney who defends their plaintiff. One major distinction between India and other common law countries is that it does not follow the jury system.

Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.


Principles Of Criminal Law


The traditional approach to criminal law has been that a crime is an act that is morally wrong. The purpose of criminal sanctions was to make the offender give retribution for harm done and expiate his moral guilt; punishment was to be meted out in proportion to the guilt of the accused. In modern times more rationalistic and pragmatic views have predominated. Writers of the Enlightenment such as Cesare Beccaria in Italy, Montesquieu and Voltaire in France, Jeremy Bentham in Britain, and P.J.A. von Feuerbach in Germany considered the main purpose of criminal law to be the prevention of crime. With the development of the social sciences, there arose new concepts, such as those of the protection of the public and the reform of the offender. Such a purpose can be seen in the German criminal code of 1998, which admonished the courts that the “effects which the punishment will be expected to have on the perpetrator’s future life in society shall be considered.” In the United States a Model Penal Code proposed by the American Law Institute in 1962 states that an objective of criminal law should be “to give fair warning of the nature of the conduct declared to constitute an offense” and “to promote the correction and rehabilitation of offenders.” Since that time there has been renewed interest in the concept of general prevention, including both the deterrence of possible offenders and the stabilization and strengthening of social norms.


FAIR PROCEDURE


A fair procedure is the bedrock of the criminal justice system. The object of the criminal justice system is to render public justice, to punish the criminal and to see that the trial is concluded expeditiously before the memory of the witness fades out . However, it is matter of the serious concern that administration of the criminal justice system in India is deteriorating day by day. Therefore, there is urgent need of fresh look to review the entire criminal justice system. Specially, in the field of the investigation of the crime by police and court proceedings. Hence, the courts should always try to maintain the public faith of the people in administration of the justice by ensuring the concept of the human rights in administration of the Criminal justice.Therefore, the thrust of the Paper is to understand the administration of criminal justice system and its reformation, because this is the only way in which the faith of the people in the rule of law can be enforced. Keywords: Criminal Justice System, Human rights, Police, Court etc.


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