Вы находитесь на странице: 1из 18


Project Submitted for the partial Fulfillment for the 6th Semester of BA LLB Course

Submitted To: Submitted By:

Mr. J N Singh Sahil Asiwal

Faculty of Law BA LLB (6th Sem)

Batch 2015-2016


I deem it my proud privilege to express my indebtedness and sincere thanks to all those who have
in various ways, helped in the successful completion of the project and without their invaluable
help this project would not have been a reality.

I am also thankful to Mr. J N Singh faculty of political science to take a lot of pain in providing
guidance about project report.

Finally, I express my most sincere gratitude to my Parents and my Family members for supporting
and encouraging me to this challenging project. I deeply acknowledge the support and inspiration
by my academic career.


1. Introduction...4-7

2. Civil Justice....7-9

3. The difference between civil law and criminal law..9-10

4. Criminal justice...10-13

5. Justice system has failed to reduce juvenile crime...13-14

6. Loopholes in criminal justice deliverance in India...14

7. Rectify loopholes in criminal justice system...15

8. Criminal Justice Reform Initiative.16

9. Criminal Injustices: Racial Profiling..16

10. Fairness in the Criminal Justice System.17

11. Bibliography18


Few seconds back on geological clock there were just animals on the earth. The evolution and
genetic mutation lead to evolution of humans beings. Criminal acts in the society are much
ancient before the codification of law or even origin of law. Absolute conformity to rules is
impossible, as no society can be purely rid of crime, even in mythology god has also fought
against god to restore peace and Justice. But the question is what makes a standard difference
between an animal and social animal. What makes a person to do an immoral act, why people
dont set some standard to maintain law and order? If there is law then why crime is still rising.

A person who has committed a crime or relating to crime is a criminal. Crime is the act or
omission which constitutes an offence or usually considered as a evil act and punishable by law.
The word crime is from old French word crimne, which came from Latin. Crimen meaning
Accusation and the latin root meaning I decide but, Etymological Dictionary of the English
Language, suggest that Crimen is basically came from phrase cry of distress. The latin was
derived from Ancient Greek word KRIMA which means a judicial sentence or condemnation.

Any crime has four basic elements that must be proven before someone can be charged. The
elements are

Actus Reus (physical act),

Mens Rea (mental state),
Social Harm.

Basically the State must prove that the accused performed a physical act that caused social harm
with the intent to bring about the harm.

Justice The word justice meaning, the exercise of authority in vindication of right by
assigning reward or punishment is over 860 years old (c. 1140 AD). Justice was once justitia
an Old French word that descended from Latin to mean righteousness and equity. A similar
word from the same Latin root was justus meaning upright, and just. When justitia was
adopted into Old English it was extremely simplified. From the original Old French meanings
that included, uprightness, equity, vindication of right, court of justice, and judge.

The concept of justice is perennial and also absolute justice is unattainable. The society is consist
of group of many people, where people are with different Social economic Political status. The
justice is one of the most controversial topic not even from today, even the problem of partial or
absolute justice cannot be solved by any jurist, king or any other sovereign or even by the law.
The best result which is practically and logically possible is not necessarily the perfect result.
For example, in motor accident cases where one person suffers brain damage due to the
negligence of a drunken driver, it is practically impossible to grant full restitution to the injured
person. He can be compensated for medical expenses. He can be awarded a sum sufficient to
improve his situation. He cannot be restored to his pre-accident condition. His brain damage
cannot be repaired. It can only be ameliorated. It is not easy to determine a just punishment for
the drunken drivers. So if people who face infringement of rights cannot be restored then what is
the real concept of justice?

In other cases, perfect justice is logically (rather than physically) impossible. Such cases arise in
situations where there are legitimate interests on both sides but the interests are in conflict. Only
one can prevail. Someone has to lose. Justice requires that the better interest should prevail but
that does not mean that there is no merit in the inferior interest. The law of adverse possession
provides an illustration where the conflict is between an owner who has abandoned his land and
another, professing to be the owner, sells it to a person who takes possession of it and improves
it. There is merit (and possibly demerit) on both sides. The best that can be done is to develop
rules to help ascertain which side has the better right.

Between persons, justice consists in upholding right behaviour and the courts can adjudicate
between persons. Resort to the courts is only considered when a problem (a conflict) exists. The
role of the judicial process is, therefore, the resolution of conflicts. Perfect justice cannot be
dispensed by the state. The role of the courts is to deal with injustice once it has already occurred.

The idea of fault is the golden thread that runs through the fabric of the legal order

One of the eternal questions is "What is justice?" The dictionary tells us that justice is the set of
principles which assure that individuals get what they are entitled to receive. Incorporated in the
concept is the notion of equality--that all in like circumstances are treated alike. The term also
recognizes personal merit or moral turpitude. Those who offer significant service are rewarded;
those who cause damage are punished.


Almost 2,500 years ago, Thucydides said, "Our laws secure equal justice for all in their private
disputes, and our public opinion welcomes and honors talent in every branch of achievement, not
for any sectional reason but on grounds of excellence alone."

The concept of justice is sometimes divided into subcategories:


Commutative justice means that a person who, in a business transaction, offers value to somebody
else may expect value in return--it is unjust to sell a child an ice cream cone for $500. Distributive
justice signifies that all people who are similarly situated have the right to expect equal benefits.
Retributive justice declares that those who cause harm to others will be punished for their
transgressions. Social justice asseverates that those possessing enormous amounts of property or
power are not permitted to use these to abrogate the basic rights of others. Regardless of the sub-
classification, the idea of justice incorporates fairness, but it also contains the requirement for
timeliness and a dynamic element.

Five objectives are widely accepted for enforcement of the criminal law
by punishments: retribution, deterrence, incapacitation,rehabilitation and restoration. Jurisdictions
differ on the value to be placed on each.

Retribution Criminals ought to suffer in some way. This is the most widely seen goal.
Criminals have taken improper advantage, or inflicted unfair detriment, upon others and
consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance
the scales." People submit to the law to receive the right not to be murdered and if people
contravene these laws, they surrender the rights granted to them by the law. Thus, one who
murders may be executed himself. A related theory includes the idea of "righting the balance."

Deterrence Individual deterrence is aimed toward the specific offender. The aim is to
impose a sufficient penalty to discourage the offender from criminal behavior.
General deterrence aims at society at large. By imposing a penalty on those who commit
offenses, other individuals are discouraged from committing those offenses.

Incapacitation Designed simply to keep criminals away from society so that the public is
protected from their misconduct. This is often achieved through prison sentences today.
The death penalty or banishment have served the same purpose.
Rehabilitation Aims at transforming an offender into a valuable member of society. Its
primary goal is to prevent further offense by convincing the offender that their conduct was
Restoration This is a victim-oriented theory of punishment. The goal is to repair, through
state authority, any injury inflicted upon the victim by the offender. For example, one
who embezzles will be required to repay the amount improperly acquired. Restoration is
commonly combined with other main goals of criminal justice and is closely related to
concepts in the civil law, i.e., returning the victim to his or her original position before the

William Gladstone said, "Justice delayed is justice denied."

Benjamin Disraeli said, "Justice is truth in action."

2 Jurist Hand said, "Justice, I think, is the tolerable accommodation of the conflicting
interests of society, and I don't believe there is any royal road to attain such
accommodations concretely."

However, justice has been at the heart of the society for thousands of years, and much of the time
it has shaped the law. King John, who signed the Magna Carta in 1215, promised in that great
document, "To none will we sell, to none deny or delay, right or justice." Thomas Jefferson
said that "equal and exact justice to all men, of whatever state or persuasion, religious or
political" is one of the elements of our political faith and the touchstone by which we determine
those we trust.

Civil Justice

Have you ever heard the expression 'Show me the money?' Well, with civil justice, that is the
question the court typically seeks to answer. Civil justice is a way for individuals to achieve a
fair solution when they have been injured or harmed due to another person's negligence,
recklessness, or malpractice. The civil justice system allows one to sue for money damages and


obtain recovery for injuries. In other words, the civil justice system allows one to hold others
accountable for their actions. If the court finds that one is liable, that party usually has to 'show
the money' and pay damages to the injured party.

There are few factors through which people can resolve their conflicts peacefully and effectively
through the Civil Justice System. Although we can only found them only in books, not in real life
as likes the system of uniform civil code is like myth. But the factors are :-

People can access and afford civil justice.

Civil Justice is free for Discrimination.
Free from corruption (most controversial).
Free from Improper Government Influence.
Civil Justice is not subject to unreasonable delays.
Civil justice is effectively enforced.
ADRs are accessible, Impartial and effective.

Uniform civil code in India is the proposal to replace the personal laws based on the scriptures
and customs of each major religious community in the country with a common set governing
every citizen. These laws are distinguished from public law and cover marriage, divorce,
inheritance, adoption and maintenance. Article 44 of the Directive Principles in India sets its
implementation as duty of the State. Apart from being an important issue regarding secularism in
India, it became one of the most controversial topics in contemporary politics during the Shah
Bano case in 1985. The debate then focused on the Muslim Personal Law, which is partially based
on the Sharia law and remains unreformed since 1937, permitting unilateral divorce and polygamy
in the country.

Say someone punched you in the nose. This may be a crime and punishable in court under
criminal law. The state would prosecute the assailant on behalf of society, but not on behalf of
you, the victim. Therefore, any fine charged against the offender as a sentence by the court would
not go to the victim but to the government.

Now, given that you have to endure a broken nose for a few weeks, what options are available to
victims? To be sued or to sue someone is called a civil action. The two most common types of
civil claims are tort claims and contract claims. Tort law refers to laws that allow an injured

person to obtain compensation from the person who caused the injury. Tort is most frequently
alleged in motor vehicle accidents, and in personal injury and medical malpractice suits.

That punch in the nose could result in an action under tort law. Under tort law, the victim could
sue the person causing the injury, and the suit could ask the court to order that person to
compensate the victim, asking for an amount, which, approximates the worth of the pain and
inconvenience of a broken nose. Any compensation the court would order that person to pay
would then go to the victim. Tort law is a deterrent by holding people responsible for their actions
and educating them about what conduct is unacceptable. All citizens are expected to conduct
themselves in such a way that they do not injure others. When they do cause injury to others,
either intentionally or by negligence, they can be required by a court to pay money to the injured
party so that, ultimately, they must compensate for any loss or pain caused by their action. The
money paid to an injured person is called damages.

Negligence is a word most people associate with lawsuits. Negligence is classified as an

unintentional tort since the defendant did not consider the potentially harmful consequences of
his or her behaviour. However, the defendant will not usually be successful in defending a civil
suit by merely claiming he or she did not mean to cause the injury. Negligence is a form of
carelessness or disregard for the potential harm ones actions could cause others. Three things
must exist to establish negligence in a court case. First, a duty of care must exist between the
parties. Second, it must be proven that the conduct of the defendant fell short of that duty of care.
Third, it must be proven the defendants negligence resulted in damage or harm.

Tort comes from the Latin word tortus, which means wrong. Compensation is an important part
of tort law as it is the only practical way of restoring injured persons to a position similar to the
one they enjoyed before the injury.

The difference between civil law and criminal law

Civil law Criminal law

Civil cases uphold the rights of individuals. Criminal cases are designed to maintain
law and order and protect society.

Civil law Criminal law

Civil cases are started by an individual or an Criminal law cases are brought by the
organisation to help settle a dispute. state to help protect society.

Cases are generally settled when one party At the end of a case, if the person who
pays compensation or takes some other is alleged to have broken the law is
suitable action, such as correcting their found guilty, they will be punished by
business practice. the State.

Civil cases have to be proven on the balance Criminal cases must be proven beyond
of probabilities, meaning that the most reasonable doubt.
likely version of events is true.

The State plays no role in civil cases unless Criminal law cases are started by the
the Government starts a lawsuit or is the one State.
being sued.3

Criminal justice

Criminal justice is the system of practices and institutions of governments directed at

upholding social control, deterring and mitigating crime, or sanctioning those who
violate laws with criminal penalties and rehabilitation efforts. Those accused of crime
have protections against abuse of investigatory and prosecution powers4.

Criminal justice system is generally consisting of mainly three components.

Court system



the action of legislating is specifically is the exercise of the power and function of making rules
(as laws) that have the force of authority by virtue of their promulgation by an official organ of a
state or other organization or the enactments of a legislator or a legislative body and a matter of
business for or under consideration by a legislative body. The term legislation is derived from
Latin word legis means law and lactum which means to set or make thus, legislation means
making of law.

One of the basic motive of the legislation is to work bring administration of justice by restoring
uniformity, Certainty, Impartiality and Equality. The system which will be rigid, formal and
full of complexity are two facets and which is also enjoyed by defaulters as loopholes. These
problems make our criminal justice system full of problems. Legislation plays crucial role for
governing our society. Like Damini rape case, one of the rapist is juvenile and in the same month,
after facing 3 years imprisonment, he will be free in our society, while in other countries, any
person who commits heinous crime have no remedy other than death penalty and life
imprisonment. Eye for eye, tooth for tooth may be will not appropriate but for crime which can
give deep cut on the sentiments of the society, must be punish with a more hard and with different
mode of punishment.

On its most basic level, there are essentially three branches of the criminal justice system. They

Law enforcement
The court system
These three basic components make up the steps through which a person is arrested, tried and
subsequently punished.

Law Enforcement
Law enforcement involves the detection and investigation of crimes. Careers available within the
law enforcement branch of the criminal justice system include:

Police officers
Detectives and investigators
Dispatchers and duty officers

Forensic science technicians

Law enforcement may also include criminal profilers, special agents and civilian regulatory or
investigative personnel. Once a crime has been detected, law enforcement officers write reports
and collect evidence, and develop probable cause. Once sufficient evidence exists to show a
person has committed a crime, he is arrested and brought to the court system for trial and
adjudication or judgement.
Court System
The court system is where an arrested person has the ability to stand trial, view the evidence
against him and confront his accusers. During the court phase of a criminal case, the person who
was arrested becomes a defendant.

The court process is often a long one, and people may sometimes wait a year or longer before they
are actually brought to trial. In most cases, they are able to go about their business freely, with
some conditions, while they await trial. In extraordinary circumstances, though, defendants are
held in jail until their trial. This typically occurs if they are considered to be flight risks or a
danger to the public.

Careers available within the court system are:

Prosecutors / state or district attorneys


Forensic psychologists
Legal secretaries


Process servers

Jury consultants

There are many options available to a defendant once they enter the court system. In fact, very
few accused people actually go to trial. Many plead guilty or nolo contendre (no contest) before
they get to trial. In these circumstances, the defendant will come to an agreement with the
prosecuting attorney on a more lenient sentence in exchange for waiving their right to trial. After a

judgment is rendered, the defendant is turned over to the corrections system for punishment if he
is found guilty.

Corrections System
In the corrections system, a defendant may go to prison or jail depending on the charge. Prison is
a state or federal-run facility, whereas jail is controlled by local authorities. Prison is reserved for
longer sentences based on more serious crimes. Jail, on the other hand, is designed for shorter
sentences and for defendants awaiting trial.

Careers available for those interested in corrections include:

Corrections officers
Probation and community control officers
Correctional treatment specialists

Prison and forensic psychologists

In many cases, those who have plead or been found guilty of a crime may be sentenced to some
form of probation, or may be placed on parole after completing their prison sentence. In these
instances they are able to go free, but must report to a probation or parole officer while they are
under supervised release.

Justice system has failed to reduce juvenile crime

There is not a single dull day for most of us dabbling in criminal justice (CJ) matters. This is how
it should be in a world where conflict and crime have become intertwined with our lives, and the
whole of CJ system is groaning under the burden of a host of contentious trends and events. The
latest controversy that is hogging public discourse is the bill approved by the Union Cabinet to
amend the Juvenile Justice Act, whereby, juveniles in the age group 16-18 will not any longer
enjoy immunity from facing trial in respect of a heinous crime such as homicide and sexual
assault -- committed by them, and are liable for a prison term of seven years or more, if convicted
of such crime.

There is not a single dull day for most of us dabbling in criminal justice (CJ) matters. This is how
it should be in a world where conflict and crime have become intertwined with our lives, and the
whole of CJ system is groaning under the burden of a host of contentious trends and events. The
latest controversy that is hogging public discourse is the bill approved by the Union Cabinet to
amend the Juvenile Justice Act, whereby, juveniles in the age group 16-18 will not any longer
enjoy immunity from facing trial in respect of a heinous crime such as homicide and sexual
assault -- committed by them, and are liable for a prison term of seven years or more, if convicted
of such crime.

The proposed amendment to our Juvenile Justice Act is not arbitrary. It is not as if peremptory
action will be taken against a juvenile, the moment he is accused of a serious crime. The matter
will be placed before the Juvenile Justice Board concerned, which, in consultation with experts in
the field of child psychology, decides whether the offender should remain with a juvenile court or
be transferred to a normal court meant for adults. Even giving allowance to the fact that such
assessment of the maturity or otherwise of the mind of a juvenile, who is in the docks is an inexact
process, one cannot ask for a more reasonable procedure.

The societys effort here can hardly be overemphasized. Let each one of us pledge to educate and
offer shelter to one street child. Such act of kindness will be more than a drop in the ocean, and
will at least marginally reduce juvenile crime. Charity begins at home and not in public

Loopholes in criminal justice deliverance in india

The basic laws regarding criminal side are Indian Penal Code and criminal procedure code. Both
these acts were enacted during the British rule in India. Both the enactments are virtually full-
fledged. However, in India criminal justice is poor due to the quality of people involved in
the system. The most important role of person is Public prosecutor as regards the successful
conduct of criminal case against the offender.

The public prosecutors who are supposed to conduct the trials against the offenders are appointed
by Government. The responsibility of this appointment vests with law Minister and Home
Minister. As such the post of public prosecutor is a political post. Many a times the public
prosecutor is not honest or experienced and skilled enough to conduct the trial. This picture is
commonplace in India and any lawyer in India shall vouch for it. Of course, there can be some
exceptions to this. Corruption in Public prosecutors again is important factor. There is no any
examination for public prosecutors to pass like collectors and any other cadre in Government. The
only criteria are decision of executive after recommendation of collector. In this regard it can be
suggested that there should be some examination to be conducted of the deserving candidate by
High Court Judge or any other equivalent authority. However, executive would not like to lose
their hold on such appointments by entrusting High Court Judges in the process of such

There is no point in making stricter laws unless they are implementing properly in its spirit. In my
opinion unless there are proper standards set for appointments of Public Prosecutors free from
political interference, there is no hope for improvement in criminal justice deliverance in India.
Let us hope that in future more deserving and honest police officers, Advocates are appointed as
Public prosecutors in India for the betterment of judicial system in India


Rectify loopholes in criminal justice system

I read the editorial, A lifetime in prison (Dec 21) with great interest. The most prominent
feature of the Delhi High Court judgment in the celebrated Jessica Lall murder case is the
suo motu judicial cognizance of perjurers, collaborators in crime and subversion of the system.

The manipulation and subversion of justice by spoil brats, wanton criminals and their relatives,
collaborators in crime and investigation and even judicial incompetence at lower levels will
continue due to abuse of power and pelf and dwindling criminal justice system.The prosecution is
practically ineffective if witnesses can take a U-turn at will. The perjury is, therefore, required to
be urgently taken of seriously and effectively addressed. The justice system shall be better served
when there is an adequate witness protection programme, minimum scope for perjurers and
collaborators in crime to escape, fair, quick and responsible investigations and a sufficiently alert

Even the judges who pass casual and so-called perverse judgments wherein indiscretion and
inadequate appreciation of facts and circumstances of the case is so glaring, as revealed in the
recent judgments, should be taken off judicial work and assigned office jobs.


In the Jessica Lall murder case, the political bigwigs, the high-heeled and the well-connected
circumvented justice for a long time by buying and selling the witnesses and lawyers (Editorial,
Justice at last!, Dec 19). But how long could they derail the Gods will? Manu Sharma and his
two friends were at last convicted and sent to Tihar jail.
Honestly speaking, it is the public outcry that made the media act honestly and come out of its
shell in the Jessica Lall case. Under public glare, when any piece of news becomes breaking
news, the judiciary too comes out of its routine slumber and the long arm of the law finally
catches the culprit.

There are loads of cases in the countryside or outreached areas of the cities or small towns that are
out of the medias watch. Most of the time, the victims are unable to reach the media or the public
for timely help.

Even in the case involving Gagandeep Singh Barnala, a sitting MLA from Dhuri in Punjab and
son of Tamil Nadu Governor Surjeet Singh Barnala, after a few hearings, the victim herself turned
hostile. And the evil won over the truth. Consequently, who is answerable for her uninvited
defeat? Obviously we, the people are.

www.firstpost.com India News

www.thehindu.com Opinion Interview

Criminal Justice Reform Initiative

The criminal justice system, in which lawbreakers are apprehended and punished according to the
law, is one of the pillars of a democracy. For that system to remain viable, the public must be
confident that at every stage of the process, from the initial investigation of a crime to prosecution
and punishment, individuals in like circumstances are treated alike, consistent with the
Constitution's guarantees of equal treatment under law.

Our criminal laws, while facially neutral, are enforced in a manner that is massively and
pervasively biased. The injustices of the criminal justice system threaten to render irrelevant fifty
years of hard-fought civil rights progress. Of particular concern are the following areas:

Racial profiling and other law enforcement practices that single out minorities as objects
of suspicion solely on the basis of the colour of their skin or apparent ethnic heritage.
A federal cocaine sentencing scheme that provides one of the most glaring manifestations
of racial disparity in the criminal justice system.
The disproportionately harsh treatment of minorities in the juvenile justice system, an area
in which especially pronounced disparities pose ominous consequences for minority
Lack of opportunities for prisoners re-entering society in voting, housing, education, and
employment, which, if present, would greatly reduce the rate of recidivism among ex-

Criminal Injustices: Racial Profiling

Racial profiling occurs when law enforcement agents impermissibly use race, religion, ethnicity,
or national origin to identify potential lawbreakers. Racial profiling can occur in any context of
life, including driving, walking, traveling through airports, traveling to and from places of
worship, and at home. Compelling anecdotal and statistical evidence demonstrates that minorities
are disproportionately targeted by law enforcement. A 2004 report from Amnesty International
found that approximately 32 million people have been victimized by racial profiling, and this
number has likely risen due to increased profiling of people of Middle Eastern and South Asian
descent since September 11, 2001. Women and men, the old and young, the poor and rich, and
those from rural, suburban, and urban areas are all affected by racial profiling.

Racial profiling is a major source of controversy in the panoply of race relations problems, and it
must be addressed in order to improve police-community relations and to find more effective
solutions for reductions of crime. When law enforcement officials focus on race instead of hard
leads or individualized suspicion, they overlook relevant factors in an investigation, leaving a
greater possibility that a criminal or terrorist who does not "fit the profile" will go unnoticed.
Because racial profiling creates an adverse "first encounter" with policing, it has a tremendous
domino effect on subsequent law enforcement actions, such as arrest, prosecution, and

Fairness in the Criminal Justice System

Finally, two additional pieces of legislation introduced this year in Congress address the overall
unfairness of the criminal justice system. The National Criminal Justice Commission Act of
2009, introduced by Senator Jim Webb, is a bipartisan bill creating a blue-ribbon commission that
will undertake a comprehensive review of the criminal justice system. The Commission would
consist of 11 members appointed by the President, the Majority and Minority Leaders of the
Senate, the Speaker and Minority Leader of the House, and the Chairs of the Democratic and
Republican Governors Associations. The Commission would be tasked with reviewing, finding,
and making recommendations about incarceration, prison administration, the impact of gang
activity, drug policy, mental illness among prisoners, and the role of the military in crime

The second piece of legislation, the Justice Integrity Act, has been introduced in both the House
and the Senate. Finding a general mistrust of the criminal justice system, the Act creates a pilot
program in ten US Attorneys' districts aided by advisory committees. These committees will
collect racial and ethnic data at every stage in the criminal justice system in these districts and
make findings and recommendations for reducing and eliminating unjustified disparities where

Problems with the criminal justice system cut across all aspects of arrest, prosecution, sentencing,
and incarceration, and these bills provide a way of studying these issues as intertwined rather than
as isolated circumstances. The two pieces of legislation call for bipartisan groups of broad
expertise in all aspects of the criminal justice system, which help to validate the findings and
ensure serious consideration of their recommendations. Both laws would increase the urgency of
fixing the criminal justice system by calling for much needed reforms.