NCJ Number
87313
Date Published
1978
Length
53 pages
Annotation
This discussion of criminal procedure in India considers processes designed to prevent offenses and those bearing upon investigation, charges, and trials.
Abstract
India's code of criminal procedure enacted in 1973 revised criminal procedure according to the following principles of procedural law: a fair trial for the accused according to accepted principles of natural justice, a speedy trial, and simplified procedures to enhance the probability of justice for lower socioeconomic groups. Changes achieved through the 1973 code are outlined, followed by a listing of the responsibilities and powers entrusted to citizens in aiding magistrates and the police, such as giving information on the commission or intention to commit an offense. Legal parameters for making arrests are also described, along with those for examining the accused by a medical practitioner, detention after arrest, and the compelling of an appearance and the production of items. The code first specifies the machinery for the prevention of offenses before indicating the procedure for the punishment of offenses. These include security proceedings, which are for persons considered a danger to the public because of the commission of certain offenses; dispersal of unlawful assembly; removal of public nuisance; police preventive action; and the financial maintenance of wives, children, and parents. The discussion of procedures for investigation and inquiry includes consideration of information to the police and their powers to investigate cases, the recording of confessions and statements, police searches, conditions required for the initiation of proceedings, and the territorial jurisdiction of criminal courts in inquiries and trials. The discussion of procedures for charging covers the nature of a charge and the alteration of a charge. Consideration of trial criminal procedures focuses on the court of session, trial of warrant cases by magistrates, the trial of summons cases, and summary trials. Other general procedures in inquiries and trials deal with evidence, double jeopardy, legal aid, pardon of an accomplice, compounding of offenses, accused persons of unsound mind, dispositions, and bail. Nine suggested readings are listed.