International Journal of Social Impact

ISSN: 2455-670X
Volume 8, Issue 3, DIP: 18.02.006/20230803
DOI: 10.25215/2455/0803006
www.ijsi.in |July-September, 2023

Criminal Justice System in India: Emerging Dimensions

Adv. Chandni Gangadharan1*

ABSTRACT
The research paper explores the topic of victimology to criminology, examining the challenges
faced by individuals seeking justice in India's criminal justice system. The study emphasises the
need to restore victims' rights and highlights the historic evolution of victimology from a focus
on retributive justice to prioritising perpetrators over victims. It delves into the adversarial and
inquisitorial systems, comparing their functions in different legal frameworks. The adversarial
system promotes open competition between opposing parties, while the inquisitorial system
actively involves the court in the investigation and gathering of evidence. The paper highlights
the plight of male victims in the criminal justice system, where power, money, and influence can
sway outcomes. It discusses various laws implemented to protect vulnerable victim groups, such
as women, children, and the elderly. The paper provides suggestions for improving the judicial
system in India. These include abolishing court and advocate fees, avoiding systemic delays,
setting up SC benches across the country, and shifting the burden of proof to the state in
constitutional challenges. Overall, the research paper highlights the need for a more victim-
centric approach in the criminal justice system and suggests reforms to ensure timely and fair
justice for all.

Keywords: Criminal Justice System, India, Emerging Dimensions

• “Victimology to criminology.
• Adversarial and inquisitorial system.
• Victimology through the six M’S of criminal justice system.”

T
he current study examines people's attempts to access the criminal justice system in
India. This study focuses on situations where the person seeking redress ultimately
became the victim of the system and suffered great suffering as a result. The main goal
of the current study is to restore the victim's right to justice, which is frequently overlooked and
mistakenly thought to result in judgment. However, obtaining justice is ultimately the victim's
1
B.A.L.L.B., LLM and Assistant Professor of Law
*Corresponding Author
Received: August 03, 2023; Revision Received: August 23, 2023; Accepted: August 25, 2023
© 2023 I Gangadharan, C.; licensee IJSI. This is an Open Access Research distributed under the terms of the
Creative Commons Attribution License (http://creativecommons.org/licenses/by/2.0), which permits unrestricted
use, distribution, and reproduction in any Medium, provided the original work is properly cited.
 Criminal Justice System in India: Emerging Dimensions

responsibility. The State is responsible with ensuring the sustainability of justice, while the
courts are in charge of upholding its integrity.

Historic Evolution in Victimology

The following presentation will provide an examination of the historical evolution of the
adversarial system. In ancient criminal law, victims were accorded preferential treatment due to
the system's focus on retributive justice. In the event that an individual is found to have engaged
in the act of felling a tree that has been bound or taking the life of an animal that has been bound,
they would be subject to severe punitive measures and a substantial amount of restitution. The
term “Golden Age of Victims” has been coined by Schafer to describe this phenomenon. During
the golden period, priority was given to victims, despite a gradual decrease in their numbers over
the centuries.

The 1600s and 1700s marked a significant shift in societal and economic structures due to the
advent of the industrial revolution, the renaissance, and the French Revolution. Therefore, the
development of the 'Adversarial System' occurred. According to Schafer, there was a decline
in the prominence of victims in the criminal justice system during this time. The criminal justice
system underwent a shift in its approach, prioritizing the perpetrator over the victim. This
resulted in the victim's suffering, which is often immeasurable, being largely overlooked due to a
misguided sense of empathy towards the offender. The current criminal justice system is
observed to be neglecting men. The waning period subsequent to the golden age served as a
catalyst for the development of the adversarial model.

In the aftermath of World War II, certain criminologists advocated for the examination of the
interplay between perpetrators and their targets as a means of comprehensively understanding the
nature of criminal activity and its ramifications. The efforts of the researchers led to the adoption
of a charter for victims' rights by the United Nations and a convention on the compensation of
victims of violent crime by the European Union, both of which were founded on the same
principles. In response, some European and American nations passed legislation requiring
victim's compensation within the criminal court system. Despite taking many different forms, the
victim movement has garnered support all across the world. The United Nations was made aware
of the growing importance of the victim-offender connection.

The Man as Victim of the Criminal Justice System

Individuals with a background in the criminal justice system, whether as students or
professionals, possess a heightened understanding of the phenomenon whereby victims of
criminal offenses are often subjected to further victimization within the justice system.
Moreover, it has been observed that victims often encounter setbacks, postponements, and other
forms of inconvenience when they report their victimization to law enforcement, which marks
the initial stage of the criminal justice system. The implication that the system fails to uphold its
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 Criminal Justice System in India: Emerging Dimensions

principles and neglects its constituents in favor of self-interest is evident from the incurred costs
such as lost wages, expended time, and transportation expenses. There is a school of thought that
posits that the victim is the individual within the criminal justice system who is afforded the least
amount of attention. In practical terms, following the victim's disclosure of victimization and
provision of all pertinent information to law enforcement, it is common for the victim to
experience prolonged periods of silence from the police or prosecuting officer, and in some
cases, no communication at all. It has been observed that in certain instances, cases are resolved
without the active participation of the victim. Subsequently, when the victim is summoned to
provide testimony during the trial, they are often treated as a witness for the state and may
encounter protracted delays, adjournments, and other vexing circumstances. The central focus of
this essay pertains to the unacknowledged suffering experienced by the victim. The individual
who has experienced harm has made an appeal for aid, but has been met with a biased reaction
that prioritizes the safety of the victim over that of the accused. The aforementioned statement
denotes a significant affront to our societal framework, as it assesses culpability and diminishes
the suffering of the affected individual.

INDIAN SCENARIO
Overview of the Indian Criminal Justice System
The present study centers on the stark actuality that exists in society under the guise of justice,
with a particular emphasis on the Three Pillars of justice and their shortcomings in fulfilling their
respective obligations. The criminal justice system of India was derived from the British legal
model. A crucial consideration pertains to the division of roles, powers, and responsibilities
among the legislative assembly, executive branch, and judicial branch. India's penal philosophy
has embraced the notion of crime prevention, as well as the treatment and rehabilitation of
offenders, which has been validated by several SC rulings. Under the current criminal justice
system, victims are not afforded any inherent rights and are instead relegated to the role of
witnesses in their own cases. The state assumes full responsibility for prosecuting and punishing
offenders, with little regard for the impact of the crime on the victim.

The Indian judicial system is characterized by its unified and integrated structure, with the SC of
India serving as the highest court in the land. The judiciary is a crucial component of the
government's structure and serves a significant function. The judiciary serves several crucial
functions, including but not limited to resolving conflicts, providing legal interpretations,
safeguarding fundamental liberties, and serving as custodians of the Constitution. The Indian
judicial system boasts a rich history dating back to the pre-British era. In 1937, the Federal Court
was established to serve as a platform for hearing appeals from the HC. During the 18th Century,
a standardized pattern for the judiciary became apparent. Since India gained independence, the
government has prioritized the establishment of a structured judiciary system.

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 Criminal Justice System in India: Emerging Dimensions

Components of the Criminal Justice System

Police
The police are in the fore of India's criminal justice system, according to Art. 246 of the Indian
Constitution. They are necessary for the execution of justice. Police are not held accountable
despite playing a big role. The Indian police do not put up enough effort to keep the peace and
order. The phrase "insufficiently" is a general term that covers a variety of problems, including
but not limited to corruption and late completion of work.

The case of D.K. Basu v. State of West Bengal serves as an example of the legal perspective on
arbitrary arrest and detention. The court accelerated the apprehension's legal proceedings in this
case. The case's main goal was to get rid of any and all instances of unfair treatment of the
prisoners by staff at the correctional facility.

Prisoners
In India, the treatment of prisoners' rights is characterized by a relatively lenient approach.
According to popular belief in India, individuals who have been incarcerated forfeit their
entitlement to lead a conventional existence. The alleged mistreatment of incarcerated
individuals by correctional officers during their period of confinement may potentially infringe
upon their constitutional rights. Art. 21 serves as a safeguard for the fundamental rights of the
individuals in question.

The SC of the United States, in the case of Manna v. People of Illinois, rendered a decision that
affirms the notion that life encompasses more than mere animal existence. The aforementioned
statement cannot be refuted in regards to the individuals operating in the vicinity of the bar. The
rights enshrined in Art. 21 are considered universal and inalienable, and are not subject to
objection or infringement by any entity, including the state. Prisoners are entitled to certain rights
that are akin to those of free individuals, albeit with certain restrictions. The preservation of
fundamental rights is not negated by an individual's incarceration.

Money and Criminal Justice System in India

Corrupt justice sector institutions pose a significant obstacle to the effectiveness of anti-
corruption endeavors. The presence of compromised justice sector institutions can impede the
effectiveness of legal and institutional measures aimed at combating corruption, regardless of
their precision, efficacy, or integrity.

Furthermore, the broader implications of corrupt practices on the establishment of a just and
sustainable society are not only detrimental, but also devastating, particularly when the judicial
system, which is expected to uphold the values of autonomy, fairness, honesty, and parity, is
compromised.

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 Criminal Justice System in India: Emerging Dimensions

Several instances can be cited as illustrations, including:

• The occurrence of a corrupt act at any stage of the criminal justice system can have a
detrimental impact on the entire process, potentially rendering it ineffective and eroding
public confidence in the legal system.
• Legal uncertainty can result from difficulties in enforcing contractual obligations and
claiming legal rights through judicial processes, which discourages company activity,
entrepreneurship, and investment.
• The legitimacy of public institutions is weakened and a culture of impunity is fostered by
failing to uphold the concept of equal application of the law.

Given that corruption can affect any sector, it is imperative for States parties to recognize the
unique susceptibility and responsibility of justice sector institutions with respect to corruption.
Therefore, it is crucial to undertake ongoing endeavors to establish justice sector institutions that
are independent, ethical, and accountable. In order to aid States parties in addressing the issue,
the United Nations is implementing a range of strategies. The study is conducting a
comprehensive analysis of corruption within the judiciary and other justice sector
institutions. The organizational level, which includes the division of authority, objectives, and
procedures, is also examined in this analysis. The study is also investigating the individual level,
which covers training, interference protection, and professional ethics. Through its study, the UN
seeks to pinpoint practical measures and methods for reducing corruption risks and fostering
integrity among all institutions related to the justice system.

The conduct of CBI officers in a judicial dispute was recently reviewed by a two-judge bench of
the Bombay HC. The present study has revealed that the law enforcement officers
have contravened Sec. 46 (4) of the CrPC by detaining a female individual beyond the hours of
sundown. As per this provision, it is stipulated that a female individual may not be subject to
arrest during the hours of dusk and sunrise, except in cases of exceptional circumstances. The
court strongly disapproved of this breach.

The CBI detained the petitioner at 8:00 p.m. She then filed a petition with the court asking for a
declaration that her detention was unlawful under Sec. 46 (4) of the CrPC. The individual in
question has submitted a request to initiate an inquiry into the law enforcement officials who
apprehended her in contravention of legal statutes.

The Bombay HC made the following remarks:

The introduction of the procedure was recommended by the “Law Commission in its 135th
Report on Women in Custody”. The report was formulated with the objective of preventing the
occurrence of harassment and exploitation of women, as well as ensuring that women who are
accused are treated with respect and dignity. As per the recommendations outlined in the Report,

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 Criminal Justice System in India: Emerging Dimensions

the initial measure proposed for implementation through legislative means is the prohibition of
the arrest of any woman accused during the hours between sunset and sunrise.

The principle of “Life and Liberty” as enshrined in Art. 21 of the Constitution is applicable to all
citizens, including convicts, accused individuals in custody, and suspects who are being
investigated and may later become accused and convicts through the trial process. Denying this
principle to any of these individuals would be a violation of their constitutional rights.

In light of the aforementioned, the HC has determined that the relevant officials of the CBI are
responsible for remitting a sum of INR 50,000 as costs to the petitioner.

The Horror Storm of Sec 66A of it Act 2000 Still Continues

Sec 66A has Life after Judicial Death
Bengaluru, situated in the southern state of Karnataka—Basedon an examination of news articles
and academic research, it has been observed that despite the Supreme Court's decision in 2015
to revoke Sec. 66A of the IT Act 2000, law enforcement agencies throughout the nation persist in
detaining and prosecuting civilians under its strict provisions.

Sending “any electronic mail or electronic mail message” with the intent to irritate or
inconvenience the recipient or to deceive or mislead the addressee or receiver as to the source of
the communication was prohibited prior to the change to Sec. 66A.

In a recent incident in Guntur, Andhra Pradesh, an individual was apprehended by law

enforcement officials for impersonating a female persona on the Locanto dating application and
soliciting contributions. The accused, Veeramreddy SumanReddy (29), is purported to have
committed fraud against 507 individuals, amounting to a sum of 21.58 lakh. It is alleged that
Reddy was initially deceived on the Locanto platform, but subsequently employed the same
application and techniques to solicit funds from others. Reddy was apprehended on charges of
fraudulent activity under Sec. 420. Additionally, the authorities have initiated legal proceedings
against Reddy for disseminating false information through electronic communication channels,
as per the provisions of Sec. 66A of the IT Act.

The arrests made by senior police officers have been defended on the basis of inadequate
training. However, the continued detentions of civilians without a warrant is indicative of a
deprivation of their liberty.

Although the practice of capital punishment has been abolished, Sec. 66A of the law continues to
exist. According to Apar Gupta, the Executive Director of the Internet Freedom Foundation,
despite the legal ruling in the case of Shreya Singhal that declared it unlawful, there are still
ongoing and newly initiated prosecutions. The existing legal framework in India, comprising the
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Indian Penal Code and the IT Act, encompasses sufficient provisions to impose penalties for
diverse manifestations of online abuse and harassment, notwithstanding the absence of Sec. 66A.

The Main Problem is no Training

Officer training receives a relatively modest part of police spending. The “Bureau of Police
Research and Development” reported that training costs made up 1.03% of all police
expenditures in India in 2016, according to Radhika Jha's research findings in the Status of
Policing in India 2018 report, which was published on Huff Post India.
However, it's unclear exactly how this will be accomplished.

Men as a Victim of Morality and Myth

In the Sabrimala Temple Case, the issue of women being prohibited from entering
Lord Ayyappa's temple was brought to light. The dissenting opinion of Justice Indu Malhotra,
who is a woman, was noteworthy as it reflected a patriarchal perspective that exacerbated the
plight of women. This case highlights the influence of patriarchal attitudes on the judicial
system's decision-making process. The notion that women were impure and could sexually
attract people and Lord Ayappa was responsible for the most severe heresy.

As observed in the cases of Naz, Nalsa, and Navtej, the individuals in question were subjected to
the consequences of their own criminal actions, resulting in them becoming victims of the very
system they had transgressed.

For a considerable duration, Muslim women were disproportionately affected by the practice of
"Triple Talaq," commonly referred to as the "Evil of Triple Talaq." This is due to the fact that
unlike their Hindu counterparts, Muslim women were not afforded the ability to initiate divorce
proceedings.

Man as a Victim of Money and Power

Male victims have long suffered from the issue of power and money being used against them,
which is a pervasive and often overlooked problem. In the case of Vijay Malya, a person of
considerable influence, it appears that he was granted a loan without undergoing the same level
of scrutiny and investigation as an average individual. This loan was provided with full support,
whereas a middle-class individual may have been subjected to a more rigorous process involving
inquiries, investigations, and the presentation of evidence.

The high-profile cases involving Salman Khan, namely the hit-and-run and Black Buck cases,
have garnered significant attention. It is worth noting that if an average citizen had been found
guilty of committing such crimes, they would likely have been incarcerated in Tihar prison,
rather than being able to leverage their influence and engage in corrupt practices to amass
unlimited wealth.
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Comparable to the case of Sanjay Dutt, who was found in possession of an AK-47, it appears
that factors such as financial resources, social influence, and public image played a significant
role in determining the outcome of the situation.

Following the implementation of stricter rape laws in the aftermath of the Nirbhaya case,
Aasharam Baapu has reportedly continued to engage in sexual assault against numerous female
victims while leading an otherwise ordinary lifestyle that includes consuming four daily meals.

An analysis is being conducted to evaluate the status of crime victims in India throughout every
phase of the criminal justice system in relation to global benchmarks.

The United Nations' involvement in safeguarding our system against this peril is now under
consideration. It is generally agreed upon that the “Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power”, which was approved by the “United Nations General
Assembly in 1985”, is a foundational document in the subject of victims' rights. It has been the
subject of much debate and has been invoked by numerous developed nations as a framework for
establishing the rights of victims over the past two decades. The document is often referred to as
the "magna carta" for victims due to its foundational nature and its influence on the development
of victims' rights. The UN's publication on Justice for Victims is meticulous in outlining the
global norms that countries are required to adhere to with regards to the handling of victims by
criminal justice system entities throughout the different stages of the legal process. As the
primary point of contact for victims following a criminal incident, law enforcement agencies
assume a crucial role in providing victim assistance. Local law enforcement officers, who
frequently interact with crime victims, may not be fully aware of the advancements in
victimology and the heightened expectations for victim support within police departments on a
global scale. The continued existence of Sec. 25 of the Indian Evidence Act, which precludes the
admissibility of confessions made to police officers as evidence against an accused individual,
has been criticized as a source of derision for the legal system. What is the rationale behind the
government and police academies' decision to implement a policy aimed at educating law
enforcement officers on how to improve their treatment of victims? As per the citation provided
in the book, it is evident that the victims hold a significant interest in the prosecution of the case
and are entitled to participate in all stages of the proceedings. Throughout the legal process, the
interests and rights of the accused are safeguarded, often at the cost of the interests of the
victims.

Laws to Care for and Protect Special Categories of Victims

The focus of this essay is to prioritize the protection of victim groups by providing them with a
range of solutions across all sectors and ensuring they receive specialized care through newly
implemented protective legislation. Noteworthy progress has been made in the realm of
regulatory measures aimed at providing assistance to victims and mitigating the suffering of
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susceptible groups such as women, children, and the elderly, who warrant primary consideration.
As an example: The Act of 2005 was enacted with the aim of safeguarding women from
domestic violence. As per the provisions of the aforementioned act, in the event of non-
performance of duties by the protection officer, the prescribed penalty includes imprisonment for
a term of one year, a monetary fine of INR 20,000, or both.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
In the event that the individuals responsible for the care of an adult fail to fulfill their obligations,
the court may intervene by issuing an order mandating the adult's children or legal heirs to
establish a monthly allowance for the adult's maintenance. This allowance must be established
with due diligence and in accordance with legal requirements.

Prevention of Child Abuse and Victim Protection

According to legal requirements, it is the State's duty to make sure that every kid between the
ages of 6 and 14 obtains a compulsory, no-cost education. By passing the necessary laws, the
State has the power to choose how to carry out this provision. Aanganwadi is available for
children aged 0 to 6 as well.

The National Commission for protection of child Rights (NCPCR)

India's ratification of the “United Nations Convention on the Rights of the Child in 1992” was a
significant step towards safeguarding the rights of children.

The “SC and the ST (Prevention of Atrocities) Act, 1989” is a legislative measure that aims to
prevent instances of victimization based on caste and to safeguard the interests of the affected
parties.

Types of Criminal Justice System

The adversarial system and the inquisitorial system are the two most common types of criminal
justice systems. The adversary system is a legal framework where a judge preside over a case
that is presented by an advocate representing the plaintiff and the defense counsel representing
the defendant, according to the definition given in Black's Law Dictionary. The inquisitorial
system, as described by Black's Law Dictionary, is a procedure for gathering evidence in civil
law. In this system, the judge is in charge of presiding over the trial and is also responsible for
setting parameters for the scope and depth of the investigation. The adversarial system, which is
the dominant model, is based on judges making decisions based on the arguments given by the
attorneys representing for the different parties, whereas the inquisitorial system is characterized
by a significant level of judicial intervention.

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Principles of Criminal Law in France and Comparison with our System

The Main principles of criminal law are as follows:
• In the context of French law, it is important to note that the presumption of innocence is
upheld. This means that any individual who is suspected of committing a criminal offense
is considered innocent until proven guilty by a court of law. Consequently, the individual
suspected of committing an act of terrorism is frequently deprived of their liberty during
the entirety of the legal process, provided that certain criteria are satisfied. Typically,
suspects are released from custody, with detention being reserved for exceptional
circumstances. Contrary to some other countries, in India, individuals may be placed in
custody and detained.
• In the trial, the prosecutor is required to provide evidence of guilt beyond a reasonable
doubt. Currently, any testimony that is requested to be provided is of utmost importance.
• Public access is a common feature of court proceedings. In certain instances, related to
sexual offenses, the court may opt to conduct proceedings in the absence of the public.
• The suspect's ability to assert their own defense is not guaranteed.

A notable distinction exists between our system and the one under consideration. Specifically,
the involvement of an examining or investigating judge is the primary difference, as they play a
crucial role in ensuring that justice is served.

Adversarial and inquisitorial system

A legal procedure known as an adversarial system uses the court to mediate disputes between the
parties in a fair manner. In this arrangement, the court plays an impartial, nonpartisan function
while taking the arguments put out by the advocates.

A court that actively participates in a case's investigation and the gathering of evidence is what
defines the inquisitorial system.

The adversarial system is designed to elicit the truth through a process of open competition
between opposing parties engaged in a struggle.

In the context of adversarial legal systems, lower courts are bound by the precedent rule, which
dictates that prior decisions made by higher courts must be followed.

In inquisitorial systems, the scope of judicial precedent is limited. This implies that judges
possess the discretion to render decisions on a case-by-case basis, irrespective of prior
circumstances.

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 Criminal Justice System in India: Emerging Dimensions

Within an adversarial legal system, the hearing, presentation of evidence, and cross-examination
conducted by legal representatives are afforded precedence. The ultimate ruling is then based
solely on the arguments put forth by the advocates.

In the context of an inquisitorial legal system, there is a prioritization of legal documents and
factual knowledge over examinations.

It is a common practice for lawyers to file repeated time petitions during the continuance of a
case in order to extend the timeline. The disposal of cases is subject to delay. This rule presents a
significant obstacle.

The primary objective of this approach is to reduce the duration required for resolving a legal
matter and to ensure prompt dispensation of justice. The role of a judge is crucial in determining
the outcome of a time petition, which can either be granted or rejected. This decision-making
process by the judge contributes significantly to the expeditious resolution of cases.

CONCLUSION AND SUGGESTIONS

The present study is centered on exploring potential enhancements that can be introduced to
mitigate the negative consequences associated with the adversarial legal system. The static
nature of the adversarial system can be attributed to its absence of a lofty goal to strive towards.
Finding the truth within the inquisitorial system has not been given a positive obligation. The
findings of the investigation were deemed insufficient and cursory on a previous occasion. It has
been observed that judicial authorities exhibit a tendency to refrain from taking measures to
address a given issue. During the trial, the judges maintain a passive role and do not express any
concern if the required evidence is not presented, as they are not bound by any obligation to do
so. The legal system operates in such a way that the burden of proof lies with the prosecution,
requiring them to establish their case beyond a reasonable doubt. As a result, it may appear that
the defendant is favored by the system. Thus, it is imperative to enhance the adversarial system
by incorporating several effective and feasible measures of the inquisitorial system with
appropriate modifications.

How to improve the judicial system?

1. Court fees to be abolished
The state's responsibility is to defend the promise of law and justice, which is the aim of
justice. However, paying for justice is similar to visiting a business to make a purchase.
2. Advocate fees to be abolished
The Advocates Act makes it abundantly obvious that attorneys serve as the court's
principal officers. Everyone should have access to public advocates, who may be
compensated by the state.

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 Criminal Justice System in India: Emerging Dimensions

3. The Limitation Act should be struck down

The Limitation Act should be declared unconstitutional because it violates Art. 14. As
everyone has a right that they can exercise by showing up at the door of justice.
4. Delays should be avoided
It is best to avoid systemic delays, and these days, many of us use processes as a
convenient way to delay taking appropriate legal action and to thwart the goals of justice.
5. SC to have Benches throughout the country
According to Art. 130 of the Constitution, the SC may hold its sessions in Delhi or at any
additional locations the CJI deems appropriate with the President's
consent. periodically appoint. To lessen the burden on litigants, however, this approach
needs to be used more widely and in ways that are favourable to litigants.
6. No presumption should be raised in favor of anyone
It causes the balance to be unfairly tipped and leads to the assumption of the
preponderance of power in favor of a party. This completely upset the balance of power
that is maintained by the provision of "equal protection of laws" under Art. 14 and,
correspondingly, Art.s 13 (2) and (3) of the Constitution. The state, not the party who
questions the law's constitutionality, shall have the full burden of demonstrating the
statute's constitutionality as well as the crucial fact that the official activity was in
conformity with the law. The promise of equal protection of the law was undermined
when the injured party was required to demonstrate the wrongdoing or injury sustained.
Such a view of the judicial system places it at the very bottom of the power spectrum in
terms of ethics.
7. When making decisions, judges should take an active rather than a passive role.
In accordance with Art. 14 of the Indian Constitution, the state is required to deliver
complete justice to everyone or any individual at their doorstep. Thus, the inquisitorial
form is essentially what the Indian Constitution envisions. But doing so does not involve
active engagement.
8. Reluctant approach of SC to accept petition under Art. 32
The statement "the SC shall" in Art. 32 of the Indian Constitution makes it clear that this
is the SC's primary and principal responsibility. The SC seems hesitant to carry out its
duties, nevertheless.

My last observations are that the procedural laws system should be as simple and straightforward
as possible, as well as being litigator-friendly. Since it is the State's responsibility, not
the litigate's, to serve the summons, the requirement that the litigator pay the cost of doing so is
frequently another gap in the law and a procedural barrier.

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Acknowledgements
The authors profoundly appreciate all the people who have successfully contributed to ensuring
this paper in place. Their contributions are acknowledged however their names cannot be
mentioned.

Conflict of Interest
The author(s) declared no conflict of interest with respect to the research, authorship, and
publication of this article.
© International Journal of Social Impact | ISSN: 2455-670X | 59
 Criminal Justice System in India: Emerging Dimensions

How to cite this article: Gangadharan, C. (2023). Criminal Justice System in India: Emerging
Dimensions. International Journal of Social Impact, 8(3), 047-060. DIP: 18.02.006/20230803,
DOI: 10.25215/2455/0803006

© International Journal of Social Impact | ISSN: 2455-670X | 60