Reimagining Justice: Reforming the Indian Criminal Justice System with special reference to Police in India

Authors

  • Dr. Manisha Madhav Assistant Professor (SS), School of Law, UPES
  • Mr. Aditya Kumar Tomar Assistant Professor, ICFAI Law School, The ICFAI University, Dehradun
  • Mr. Abhinav Mishra Assistant Professor of Law, Institute of Legal Studies, SRMU Lucknow
  • Mr. Rajat Saxena Assistant Professor of Law, Institute of Legal Studies, SRMU Lucknow

Keywords:

Criminal, Justice, Judiciary, Prison, Police, deficiencies

Abstract

The Indian criminal justice system, despite its constitutional guarantees and statutory provisions, grapples with profound inadequacies that compromise its efficacy and fairness. This research paper undertakes a comprehensive examination of the systemic flaws plaguing India's criminal justice apparatus, encompassing the police force, judiciary and the prison system. Through an interdisciplinary lens, it elucidates the root causes of these deficiencies and proffers pragmatic solutions to rectify them, thereby fostering a more equitable and accountable framework for justice in India.

References

It states that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police-officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

The Constitution of India 1949, Article 21.

(2011) 7 SCC 45

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment <https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel- inhuman-or-degrading > accessed 23 January 2023.

‘Supreme Court guidelines in D.K. Basu vs. State of West Bengal Arrest and Detention’,

<https://districts.ecourts.gov.in/sites/default/files/circular16092015.pdf > accessed 26 January 2023.

id

AIR 1579

AIR 1980 SC 1087

AIR 1977 SC 1579.

AIR 185.

"Twelfth United Nations Congress on Crime Prevention and Criminal Justice, p. 19" (PDF). Archived from the original (PDF) on 11 February 2014.

(2011) 7 SCC 45

(1997 (1) SCC 416)

(2006) 8 SCC 1

Umang Poddar, ‘In India, five people die in official custody every day. How does the law deal with these?’ The Scroll (14 November 2021) < https://scroll.in/article/1010500/in-india-five-people-die-in-police-custody-every-

day-how-does-the-law-deal-with-these-deaths> accessed 24 January 2023.

AIR 1975 SC 164.

< https://nhrc.nic.in/sites/default/files/2022-3-23.pdf> accessed 22 January 2023.

AIR 513.

Downloads

Published

17-06-2024

How to Cite

Dr. Manisha Madhav, Mr. Aditya Kumar Tomar, Mr. Abhinav Mishra, & Mr. Rajat Saxena. (2024). Reimagining Justice: Reforming the Indian Criminal Justice System with special reference to Police in India. Well Testing Journal, 33, 57–71. Retrieved from https://welltestingjournal.com/index.php/WT/article/view/76

Issue

Vol. 33 (2024): Special Issue 2024

Section

Research Articles

License

Copyright (c) 2024 Well Testing

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

This license requires that re-users give credit to the creator. It allows re-users to distribute, remix, adapt, and build upon the material in any medium or format, for noncommercial purposes only.