TYPES OF CRIMINAL JUSTICE SYSTEM

Common law countries- Adversarial system- e.g.: United Kingdom

Civil law countries French model- Inquisitorial system- e.g.: France

Common law countries- Burden of proof is on the prosecution

Civil Law countries- Burden of proof is on the accused to prove his innocence

Dilemma- Whether the laws should become victim/accused centric?

KEY CHARACTERISTICS

ADVERSARIAL INQUISITORIAL

1.Accused rights given preference 1.Accused right is secondary to

2. Victim has no role during the mission of truth
investigation or during the 2.Victim has role in every stage.
prosecution.
3.There is an effort to find out
3.Fairness of trial is maintained by
the truth.
judge maintaining a position of
neutrality 4.France
4.United Kingdom, India
STATUS OF VICTIMS UNDER THE INDIAN ADVERSARIAL SYSTEM
Victims can not participate in the trial except as a prosecution witness
Victims cannot engage an efficient lawyer of her choice
Appointment of prosecution is not on the basis of merit
Vics int are not well protection during investigation and trial
No scheme/legislation for victim protection
Laid back attitude in the implementation of even the existing laws
No information regarding the status of case will be provided to the concerned parties
No fair treatment of the parties
Secondary victimisation at the hands of the agencies of the CJS
CONTINUED..

No right to effectively coordinate with the prosecution

No say in the matter of sentencing (Victim Impact Statement)
Victims are not being given adequate compensation
The word Victim has been defined in Cr.P.C only in 2008
TOPICS TO DISCUSS
Krishna Iyers quote
Malimath quote
English laws underwent reforms
Children oppressed groups rights after 2000
Victim rights right of appeal
Through special legislations DV Act, POCSO, SC/ST Act
DEVELOPMENT AND POSITION OF VICTIMS RIGHTS

1. THROUGH AMMENDMENTS AND LEGISLATIONS

United Nations Convention of Child rights of (CRC) in 1992

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,2000
The Commission for Protection of Child Rights Act, 2005
PROHIBITION OF CHILD MARRIAGE ACT 2006
2. THROUGH JUDGE MADE LAWS

State of Punjab v. Gurmit Singh

M.Veersamy vs. State of Tamil Nadu

Vishaka vs.State of Rajasthan

3.SPECIAL LEGISLATIONS
Apart from the existing laws 3 special legislations were enacted targeting specific groups

DV Act

POCSO Act

SC/ST Act
A. DOMESTIC VIOLENCE ACT
Definition of domestic violence covers all forms of physical, sexual, verbal, emotional and economic abuse that can harm,

cause injury to, and endanger the health, safety, life, limb or well-being either mental or physical of the aggrieved person.

Complaint can be given against any male, adult person who is, or has been, in a domestic relationship with the aggrieved

person. A complaint can also be filed against relatives of the husband or the male partner namely respondents mother, sister

and other relatives

Many States have not implemented the Act fully.

B.POCSO

SAKSHI v. UOI

The Act for the first time has introduced a gender neutral law which is applicable to

sexual offences committed against a male child also

C.SC/ST ACT

Article 17 of the Indian Constitution

State Of M.P. & Anr vs Ram Krishna Balothia & Anr

Justice K Ramaswamy The caste system is a curse on the nation and the sooner it is

destroyed the better. In fact, it is dividing the nation at a time when we have to be united to

face the challenges before the nation unitedly. Hence, inter- caste marriages are in fact in

the national interest as they will result in destroying the caste system
NEED FOR COMPREHENSIVE LEGISLATION

Not just 3 groups are victims

Example USA Victim rights Act for all victims of crime

JENITA , ANURADHA
KRISHNAGIRI
UTHAPURAM