The criminal justice system in India comprises government agencies responsible for enforcing laws, maintaining peace, and ensuring justice for victims of criminal conduct. The primary goal of this system is to allow individuals who have suffered injury or loss to present their case and seek justice.
According to Hobbes, human beings are naturally selfish and can go to any extent for pleasure. Bentham also stated that a person seeks pleasure while avoiding pain. To regulate human conduct, a structured system was necessary to monitor and control actions. The evolution of the criminal justice system has paralleled the development of human civilization.
Types of Criminal Justice Systems
1. Adversarial System
- Followed in common law countries, including former British colonies like India.
- Involves a prosecution advocate and a defense advocate arguing before the court.
- The judge decides based on arguments and evidence presented.
- The accused is presumed innocent until proven guilty beyond a reasonable doubt.
- India follows this system as a former British colony and a common law country.
2. Inquisitorial System
- Followed in civil law countries.
- Judges actively investigate the matter and make decisions based on their inquiries.
- Legal counsels are present, but there is no cross-examination of witnesses.
- The trial process is much faster in this system.
Overview of the Criminal Justice System in India
The primary aim of the Indian criminal justice system is to punish criminals and prevent future crimes, ensuring a peaceful society. Criminal law in India is governed by:
- Indian Penal Code (IPC), 1860 – Defines various offenses and their punishments.
- Criminal Procedure Code (CrPC), 1973 – Lays down the procedure for criminal trials.
- Indian Evidence Act, 1872 – Governs the admissibility of evidence in criminal proceedings.
Indian criminal law is also influenced by religious and philosophical principles, emphasizing human rights and fairness. The system operates on the maxim:
“Let a hundred guilty people be acquitted, but one innocent person should never be convicted.”
This principle ensures that justice is served while protecting the rights of individuals.