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Criminal Justice System in India UP Study Notes – Download PDF

By BYJU'S Exam Prep

Updated on: September 13th, 2023

Criminal Justice System in India: The criminal justice system is an instrument of social control, criminal justice system refers to those agencies of the government that are engaged in law enforcement, adjudicating criminal cases, and improving criminal conduct, Criminal justice system reforms usually include judicial reform, prison reform, police reform. Recently, the process of amending laws like ‘Indian Penal Code, ‘Criminal Procedure Code’ and ‘Indian Evidence Act’ has been started by the Central Government in consultation with all the stakeholders, with the objective of making comprehensive changes in criminal laws.

The objective of Criminal Justice System

  • Preventing criminal incidents.
  • Punishing criminals and convicts.
  • Rehabilitation of criminals and convicts.
  • Provide compensation to the victims as much as possible.
  • Maintaining law and order in society.
  • To prevent criminals from committing any criminal act in the future.

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Concerns/Challenges

  • Delays in the disposal of cases result in violation of human rights of ‘undertrial prisoners’ and ‘convicts’.
  • Despite the Supreme Court’s directions on police reforms, hardly any change has taken place.
  • It also takes years to execute the orders of the court to convict a person.

Criminal Law System in India

  • Lord Thomas Babington Macaulay is said to be the main architect of the codification of criminal laws in India.
  • The source of criminal law prevalent in India lies in several laws – the Indian Penal Code, 1860, the Civil Rights Act, 1955, the Dowry Prohibition Act, 1961, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • The Indian Penal Code (IPC) is the official criminal code of India. It was prepared in 1860 on the recommendations of the First Law Commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Lord Thomas Babington Macaulay.
  • The Criminal Criminal Procedure Code (CrPC), 1973 is the main law for the implementation of criminal law in India.
  • Criminal law and criminal procedure are included in the Concurrent List of the Seventh Schedule of the Constitution.

Committees on Criminal Law System

  • Madhav Menon Committee (2007)
  • Malimath Committee (2000)
  • A national-level committee has been constituted by the Ministry of Home Affairs (MHA) to reform criminal law. The chairman of this committee is Ranbir Singh (Vice-Chancellor, National Law University Delhi).

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