Criminal Justice and Criminal Law in India | Police | Prosecutor | Victim | Judge | Defendant

Let's learn about criminal justice and criminal law in India In this module you know about characteristics of criminal justice system adopted in India justice means guilty should be detected convicted and sentenced and those who are innocent must be protected criminal laws are the means through which nation state maintain harmony and peace in society criminal law define behaviour that crime and offence such as murder theft Dacoity And They also recognise the acts that are prohibited by State on account of some social policy like abortion Dowry foeticide there are two criminal justice process Crime control model and Due process model Crime control model target criminal conduct in order to preserve public order It is efficient expeditious and reliable in screening and disposition of person suspected of crime On the other hand due process model defines process to be followed to get to the justice It maintain the dignity and autonomy of individual and protect the accused from the coercive abuse of power by State types of criminal justice system Inquisitorial system and Adverserial system In inquisiteorial system extensive investigation and interrogation is done under the control and supervision of court so that an innocent person does not face the trial In inquisitorial system defendant has to prove his innocence In Adverserial system an accused is presumed innocent and the prosecution has to prove the guilt of the accused beyond all reasonable doubt adversarial system belief that contest between the prosecution and defence is the best way to get to the truth. characteristics of crime Any Intentional act or ommission commited in violation of criminal law without defence and justification is considered as crime Seven elements must be present in act or omission to treat it as crime The act must have some harmful impact on social interest. That harm must be Outlawed that is prevented by law harm must be intentional There shall present criminal intention There must be fusion of mens Rea and actus Rea that is guilty mind and action There must present some relationship between Outlawed harm and voluntary act There must be legally prescribed punishment Any moral or reprehensible behaviour is not a crime unless sach behaviour is Outlawed in advance Criminal law is different from other loss in following way Violation of criminal law is treated as crime against society and state protect the interest of society by legally dealing with offender. criminal laws are specific and when there is doubt judge is obliged to decide in favour of defendant Criminal laws are uniform an act described as crime is a crime no matter who commits it There is penal sanction for criminal acts that means state punish the violator criminal justice administration in India is quite similar to British legal system which was introduced in Presidency towns of Bombay Calcutta and Madras and which was latter on applied to all India after India's independence in 1947 and formation republic of India in 1950 the prevailing laws were continued and article 372 of constitution of India give force to prevailing low until they are altered repealed or amended. There are many laws regulating criminal justice in India, The construction of India is primary law to attain whose objective other laws are formulated. Indian penal code 1860 define acts which are punishable and prescribe sentence for them Indian Evidence Act 1872 State the proofs that will be considered as evidence. Code of criminal procedure 1973 is the procedure to get to the justice. The juvenile justice (care and protection of children) act 2000 Are some of primary statute apart from many special legislation governing the administration of criminal justice in India the administration of criminal justice is managed by different Agencies and they are as follows. Police initiated the criminal justice