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Criminal Justice System in India: Emerging Dimensions

Shruti Kakkad , Bhumika Datwani1 , Shruti Kakkad2

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Indian Journal of Law and Human Behavior 5(2(Special Issue)):p 183-190, May - August 2019. | DOI: 10.21088/ijlhb.2454.7107.5219.12

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Bhumika Datwani, Shruti Kakkad. Criminal Justice System in India: Emerging Dimensions. Indian J Law Hum Behav.
2019;5(2):183–190.
 

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Received : N/A         Accepted : N/A          Published : N/A

Abstract

“Law should not sit spiritlessly, while those who break it go free and those who seek its shelter lose hope meanwhile”. “A tooth for a tooth and a life for a life” was the basic structure of the criminal justice in Ancient times. But subsequently, a sliding scale came into existence for satisfying ordinary offences. Such a system gave birth to the archaic criminal law. Criminal justice in India consists of substantive criminal law as it defines the offence and also prescribes the punishment for the same as well as procedural criminal law administers the Substantive law. The role of the criminal law is to protect the society and the people from the criminals and punish the offenders. However the history shows a gradual inclining concern with the treatment of criminal and a virtual blackout for attention to the victims of the crime. Looking for the actual victim of the system and trace the trends of compensatory jurisprudence and need for sensitization of Judiciary. So how the biggest stakeholders of this system who set the criminal law into motion goes to oblivion. They do not have any right, and the state undertakes the responsibility to prosecute the offenders by treating the victims as mere witnesses. This research work solely depends on secondary data and hence will follow doctrinal research and will take into consideration all the precedents, journals, articles and our basic understanding of the topic.

Keywords: Victimology; Adversarial and Inquisitorial system; Compensatory jurisprudence.

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Cite this article

Bhumika Datwani, Shruti Kakkad. Criminal Justice System in India: Emerging Dimensions. Indian J Law Hum Behav.
2019;5(2):183–190.
 

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DOI: 10.21088/ijlhb.2454.7107.5219.12

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