Salient Features of

Indian Legal System III

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 
 Civil Procedure Code
 Criminal Procedure Code
 Public Interest Litigation
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 On the basis of the remedies sought and the
procedure followed, all laws can be grouped into
two categories, namely, Civil Laws and Criminal
Laws.
 Criminal law is concerned with wrongs against the
community/State as a whole.
 While civil law is related to the rights duties and
obligations of individual members of the
community between themselves.
 Civil Law
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 Civil Law includes a number of aspects which may
be grouped under six or seven major headings such
as family law, the law of property, the law of tort,
the law of contract, the law relating to commerce
and business, labour law, law of taxation etc.
 Criminal Law
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 Criminal law is concerned with public wrongs or
wrongs against the order and well being of the
society in general. The persons guilty of such wrongs
are prosecuted and punished by the State.

 These wrongs are specific and are defined in the

Penal Code and a few other special and local laws.
 Criminal laws insist (apart from a few exceptional
offences) on a particular intent or state of mind as a
necessary ingredient of a criminal offence.
 Criminal Law
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 On a procedural basis they are classified as
cognizable and non-cognizable (cognizable are
those in which the police can investigate or arrest
persons without judicial warrant), bailable and non-
bailable, compoundable or otherwise.
 Procedural Laws
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 Most proceedings in the Supreme Court and the
High Courts are governed by Rules of Procedure
made by the Courts themselves under powers given
by statute. The Civil and Criminal Procedure Codes
and the Evidence Act do apply to judicial
proceedings in these courts as well.
 Procedural Laws
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 The writ procedure under Articles 32 and 226 is
unique to these courts and is intended for the quick
enforcement of Fundamental Rights whenever they
are threatened by the State or its agencies.
 In such situations citizens can approach these courts
even through a letter sent by post as the Supreme
Court has declared that procedure should not be
allowed to come in the way of dispensation of
justice.
 Civil Procedure
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For the enforcement of civil rights and
obligations a suit before a civil court is
usually instituted.
The procedures for trial and appeals
including execution of decrees and orders are
laid down in the Code of Civil Procedure.
Valuation of suits for purposes of jurisdiction
is made according to the Suits Valuation Act.
 
The amount of court fees to be paid on
plaints and appeals is determined by the
Court Fees Act.
The Limitation Act prescribes the periods of
limitation with in which suits can be filed.
The Evidence Act regulates the relevancy,
admissibility and probative value of evidence
led in courts, civil and criminal.
 
 The trial is in the nature of adversary proceedings where
two parties oppose each other in a suit or action between
parties.
 The procedure commences with ‘pleadings’, which set out
the precise question in dispute or the cause of action. The
opposite party (the defendant) may file a written statement
to admit or deny the allegations in the plaint.
 The pleadings may be supplemented by the parties by
making admissions of fact, answers and interrogatories,
oral statements before the court and by admissions and
denials of documents filed by them.
 
 The hearing of a suit commences with the serving of
a copy of the plaint to the defendant.
 A party can appear himself in court for the hearing
or make appearance through an agent or a pleader.
 According to the Advocates Act right to practice law
before courts is given to Advocates only. In the
proceedings, parties have to summon their witnesses
for deposing in court.
 
 The trial involves recording of evidence of witnesses
on a day-to-day basis at the conclusion of which
judgment is to be pronounced in open court. Because
civil proceedings are private matters, they can at any
time be abandoned or compromised and, in fact, in a
number of cases they are settled before trial.
 
 Judgments are enforceable through the authority of
the court.
 Refusal to obey a judgment may lead to penal
consequences; many decrees are open to appeal in
higher courts within the specified period.
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 Criminal proceedings are governed by the provisions
of the Code of Criminal Procedure, the purpose of
which is to determine whether the accused is guilty
of the offence charged and, if so, to decide the
punishment to be awarded therefore.
 It is designed to give every accused a 'fair trial'
consistent with the constitutional commitment to
individual liberty and freedom.
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 A criminal proceeding involves four major stages, namely,
investigation, prosecution, trial and disposition. Crimes being
wrongs against society, the State undertakes the prosecution
on behalf of the victim.
 The police on receiving information of the commission of an
offence proceeds with the investigation.
 They are authorised to interrogate people, arrest the suspects
(with warrant from the Magistrate in non-cognizable cases),
search places for recovery of relevant materials, seize property
connected with the crime and prepare a report on their
findings for necessary action by the prosecuting authorities.
 
 Whenever arrests are made they are obliged to produce the
arrested person before the nearest Magistrate within 24
hours.
 They are not to use 'third degree methods' in interrogation
and confession given to police is not admissible as evidence
in court.
 In all bailable cases they are bound to release the person on
bail.
 The arrested person has right to seek the aid of a lawyer of
his choice and he cannot be compelled to give evidence
against himself.
 
 Under our law every accused is presumed innocent and the
prosecution (the State) has to prove the guilt beyond a
reasonable doubt.
 If there is any doubt in the evidence or the prosecution, the
benefit of doubt is given to the accused and he is acquitted.
 The defendant has the right to cross-examine every
prosecution witness while he cannot himself be questioned
unless he consents to be sworn as a witness in his own
defence.
 In the case of indigent persons there is provision for legal
aid at the State expense.
 
 If at the end of trial, the Judge finds him guilty, he
has a right to be heard on the determination of
sentence.
 The emphasis in modern criminal justice being
reformation and rehabilitation, there is enough scope
for a deserving convict to get correctional treatment
as part of sentence.
Public Interest Litigation
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 Public interest litigation is legal action initiated in a
court of law for the interest of public.
 It is strategic part of the legal aid movement and
which is intended to bring justice within the reach of
the poor masses.
 It is a totally different kind of litigation from the
ordinary traditional litigation which is essentially of
an adversary character where there is a dispute
between two litigating parties, one making claim or
seeking relief against the other and that other
opposing such claim or resisting such relief.
 
 It is intended to ensure that violations of
constitutional or legal rights of large number of
people who are poor, ignorant or in a socially or
economically disadvantaged position should not go
unnoticed and unredressed.
 Otherwise, it would be destructive of the Rule of
Law which forms one of the essential elements of
public interest in any democratic form of
Government.
 
 The State or public authority against whom public
interest litigation is brought are generally interested
and are on same line of argument as the petitioner, in
ensuring basic human rights, constitutional and
legal, to those who are in a socially and economically
disadvantaged position.
 The state here gets an opportunity to rectify a wrong
or to redress an injustice done to the poor and
weaker sections of the community whose welfare
must be the prime concern of the State.
 Characteristics of PIL

 Filed on behalf of group of people by a public spirited
person or Civil Society Organization having bona fide
interest in welfare of the people concerned.
 The group of concerned people, due to their social,
economic and other impediments, are unable to approach
the court for legal remedy.
 Enforcement of fundamental rights of these people who
lack means of access to justice.
 Extending benefit of DPSPs read with FRs to these people
who were denied the same or who need amelioration.
 
 Actions are sought against irresponsible and illegal
acts/omission by the government.
 The Court may issue directions, fill in the gap of
laws, order the government to take required action
or to omit from doing certain lax act.
 There must not be private or vexatious interest
involved.
 Conclusion
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 Except civil, criminal and public interest litigation
cases, there are other type of mechanisms provided
under different laws. These laws have sui generis
system; like Environment Protection Act, Juvenile
Justice Act and Protection of Women from Domestic
Violence Act, which not only have substantive but
distinct procedural legal provisions. Special courts
are established under these laws.
 
 There are a variety of adjudicative procedures
followed in tribunals, quasi judicial administrative
agencies, arbitration councils, nyaya panchayats etc.
where private disputes are processed and settled
through informal procedures. They are found to be
cheap, expeditious and less cumbersome in terms of
adjudication.