Essay on Court’s Role in Dispensation of Criminal Justice in India !
It is significant to note that while many of the offences in the Penal Code have lost their import; several new offences have emerged in the flux of change. Organised crimes and white collar criminality are relatively a new phenomenon of modern societies which are multiplying at an alarming pace.
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These crimes have become dominant feature of a powerful section of modern Indian society which either aids or abets the criminal activity or engages in it directly Today, a big smuggler, tax-evader, black marketer through clever advocacy and tell-tab medical certificate, gets away with his crime with no imprisonment, while a poor man rots in a prison cell because he has no tongue to explain his innocence.
Thus, it would appear that administration of criminal justice is cumbersome, expensive and cumulatively disastrous. The poor can never reach the temple of justice because of heavy cost of its access. The hierarchy of courts, with appeals after appeals puts legal justice beyond reach of the poor.
The purpose of criminal trial by court is to dispense fair and impartial justice uninfluenced by extraneous considerations. If it appears to the court that dispensation of criminal justice is not possible impartially and objectively and without any bias, the court may transfer the case to another court where it finds that holding of fair and proper trial is conducive. The convenience of the parties including the witnesses to be produced at the trial is also relevant in disposing of a transfer petition in the interest of justice.
The foregoing account of the criminal justice system makes it clear that the role of court as an agency of justice and criminal law administration is far more vital and significant than that of the police or the prison. The prime function of the court is to impart fair and impartial justice. The Judges have to discharge this arduous task with utmost care and caution so that public confidence in judicial process is not shattered.
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The presiding Judge must be aware that his verdict in the case is going to make a lasting impression upon the accused about justice or injustice depending on his rightful or wrongful acquittal or conviction. His future reformation or continuance of a life of crime depends to a large extent upon his court experiences.
Most countries today have a regular hierarchy of courts for dispensation of criminal justice. A brief account of the criminal law courts operating in U.K., United States of America and India for imparting justice in criminal cases would serve a useful purpose in appreciating the role of courts as an agency of justice.