What Is the Criminal Justice System?
The criminal justice system maintains social order by punishing offenders and ensuring justice for victims. Unlike religious or educational institutions, which guide society through moral values, this system enforces laws. Key legal codes include the Indian Penal Code of 1860, the Code of Civil Procedure of 1908, and the Code of Criminal Procedure of 1974. From July 1, 2024, these will transition to the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. These new laws blend ancient Indian principles with modern legal frameworks, aiming to reform justice delivery.
Phases of the Criminal Justice System
The system operates in three phases: law enforcement, courts, and corrections. Law enforcement agencies, like state and central police, investigate crimes. Courts resolve disputes and deliver justice. Corrections, including prisons, focus on rehabilitation. Each phase upholds the rule of law to ensure fairness.
Historical Context
India’s earliest legal code, the Garuda Purana, outlined punishments for crimes. In medieval India, rulers like Emperor Ashoka and Krishna Devaraya enforced unwritten laws. For example, a cheater repaid multiples of the cheated amount, and intentional murderers faced equivalent punishment. Unique rules existed, such as a man touching an unmarried woman becoming her husband instantly. British colonial rule introduced written laws, followed by India’s Constitution post-independence. The upcoming 2024 legal reforms will modernize this framework.
Law Enforcement
Law enforcement agencies, including state, central, and international police, initiate criminal cases. After arresting a suspect, they investigate and interrogate. If evidence supports guilt, the suspect moves to court. The Bharatiya Nagarik Suraksha Sanhita (effective July 1, 2024) allows courts to appoint private detectives to assist in arrests under sections 32 to 62. However, this provision risks misuse due to cultural tendencies to bypass legal norms.
The Role of Courts
Courts resolve disputes and deliver justice. They consist of prosecutors, defense attorneys, and judges. Prosecutors present charges against the accused, supported by evidence. Defense attorneys represent the accused, challenging prosecution claims and ensuring fair trials. Judges, appointed or elected, oversee proceedings and deliver verdicts. In India, jury trials were discontinued in the 1960s and 1970s due to concerns over bribery and corruption.
Correctional System Challenges
India reports over one million criminal cases annually. With only 1,309 prisons holding 573,220 inmates—far exceeding the 320,450 capacity—overcrowding is a major issue. Tihar Jail, for instance, holds 14,059 inmates against a 5,200 capacity. Despite accessible bail, 77% of inmates remain undertrial. Parole allows temporary release for medical or behavioral reasons. Building new prisons is essential to address overcrowding.
Conclusion
India’s criminal justice system relieves citizens from seeking personal vengeance through law enforcement, courts, and corrections. However, delays, lack of evidence, and out-of-court settlements often hinder justice. Rising corruption and nepotism in law enforcement, influenced by political ties, fuel crime rates. While justice is a choice, adapting to upcoming legal reforms is crucial for a fair and effective system.
