Justice on Trial: Examining the Legal Pitfalls of the Criminal Justice Administration System in India

  • Rakhi Tewari
  • Show Author Details
  • Rakhi Tewari

    PhD. Scholar at Faculty of Law, SGT University Gurugram, India

  • img Download Full Paper

Abstract

Criminal justice administration in India is based on three foundational principles, namely the principle of fairness, the principle of due process as well the presumption of innocence until the accused is proven to be guilty. Ideally, the Criminal law is as comprehensive in its drafting and noble in its intentions as the best systems across the world. Its implementation, however, has been severely limited due to a lack of proper implementation and procedural delays. Even after the introduction of cutting-edge technologies like AI and Machines learning, the legal framework of our country is struggling with a huge backlog of cases largely due to clerical and logistical delays. Instances of custodial torture and coerced confessions have undermined the principles of ‘innocent until proven guilty’. The lack of infrastructure to ensure access of justice to the marginalized groups of the society further exacerbates the problem. Legislative inconsistencies and outdated penal provisions further impede progressive criminal jurisprudence. This paper critically examines these pitfalls, juxtaposing statutory frameworks with judicial precedents, and advocates for structural reforms to realign the Indian criminal justice system with constitutional and human rights imperatives.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2353 - 2370

DOI: https://doij.org/10.10000/IJLMH.119281

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021