NCJ Number
84627
Date Published
1982
Length
94 pages
Annotation
A 1980 investigation into the court system in Delhi, India revealed many functional problems, including inordinate delays in criminal case processing, excessive court caseloads, and nonappearance of witnesses. The paper also outlines remedial strategies to reduce delays.
Abstract
Information for this study was collected from observations of 25 courts representing various judicial levels, a review of 111 decided court cases, and questionnaires completed by many academicians, judges, and other court personnel. The report initially surveys the literature on the problem of delay, describes India's court system, and documents the amount of delay occurring at various stages of a case in the courts of session and the lower courts in Delhi. All court buildings were very congested and had inadequate facilities for the visiting public. The majority of presiding officers were not punctual, while lower court officials may have a proclivity to corruption and malpractice. Public prosecutors displayed a casual attitude toward their work, with only 11 percent using their entire working time. Adjournments and delays in processing criminal cases represented a cumulative process. While all stages exhibited some delays, the prosecution evidence stage was notably time-consuming. Major bottlenecks in the system were large caseloads, adjournments, and poor court management. Common reasons for adjournment were failure of the accused to appear, requests of defense lawyers that they were not prepared, and the reluctance of public witnesses to appear because of harassing cross-examinations and inadequate financial compensation. While there were many defense lawyers in Delhi, the work was very unevenly distributed among them. Suggested corrective measures include introducing modern recordkeeping techniques, developing a court calendar, simplifying procedural laws, increasing court officials' salaries, and enlisting public cooperation. Tables and 34 references are provided.