“There is no greater tyranny than that which is perpetrated under the

shield of the law and in the name of justice.”

― Charles-Louis de Secondat, baron de la Brède et de
Montesquieu, The Spirit of the Laws
PRINCIPLES
Rule of law

Reformative theory Rights based

of punishment approach

Restrictive “Audi alterem

interpretation partem”

Prove beyond
reasonable ground
 CARDINAL
PRINCIPLE OF
INDIAN CRIMINAL
JURISPRUDENCE IS

PRESUMPTION OF
THE ACCUSED
UNTIL PROVEN
GUILTY.

Cardozo rightly
pointed out, “Better
that 10 guilty men go
free than 1 innocent
man go to jail.”
 Theories of Punishment

DETERRENT RETRIBUTIVE PREVENTIVE REFORMATIVE EXPIATORY

THEORY THEORY THEORY THEORY THEORY
DETERRENT THEORY
 The term deterrent theory means to
abstain from doing an act.

 PURPOSE- DETER THE CRIMINALS

FROM DOING ANY ACT.
RETRIBUTIVE THEORY
 IT IS BASED ON THE PRINCIPLE “EYE
FOR AN EYE, TOOTH FOR A TOOTH.”

 RETRIBUTIVE = GIVE IN RETURN

 THIS THEORY IS NOT SUPPORTED BY

CRIMINOLOGISTS, SOCIOLOGISTS AND
PENOLOGISTS BECAUSE OF THE
BRUTALITY AND BARBARIC NATURE.
PREVENTIVE THEORY
 PURPOSE = PREVENT CRIME

 CRIMINAL IS PUNISHED WITH DEATH

OR LIFE IMPRISONMENT.
REFORMATIVE THEORY
 MOST HUMAN OF ALL THEORIES.

 NO ONE IS BORN CRIMINAL.

 CRIMINALS TRAINED AND

EDUCATED.
EXPIATORY THEORY

 IF THE OFFENDER REALISES HIS

MISTAKE, HE MUST BE FORGIVEN.
VIABLE ACCESS TO JUSTICE
COMPLAINANTS

ACCUSED/
UNDER-TRIAL
PRISONERS

INMATES

PRISONERS
International law
DIFFERENT PROVISIONS UNDER
INDIAN LAWS
Rights of a Complainant
 RIGHT TO REGISTER FIR s. 154
 INCASE OF REFUSAL BY THE
POLICE OFFICIALS THEN THE
INFORMANT CAN APPROACH
 SENIOR OFFICER
 SUPERINTENDENT OF POLICE
 COMMISSIONER OF POLICE
RIGHTS OF ACCUSED
 ARREST AFTER EXPIRY PERIOD-
VIOLATION OF ART. 22(2)
 INFORMATION OF RIGHT TO BAIL U/S
50 OF CRPC
 LEGAL ASSISTANCE
 RIGHT OF ACCUSED IN SPEEDY
TRIAL
 SAME DAY BAIL APPLICATION
 RIGHT TO INORMATION ABOUT DETENTION
 ILLEGAL DETENTION
 S.42-OF THE CODE OF CRIMINAL
PROCEDURE
 RIGHT TO BE PRODUCED BEFORE THE
MAGISTRATE WITHOUT DELAY s.56 & S.76.
 RIGHT NOT TO BE DETAINED MORE THAN
24 HOURS
 RIGHT TO CONSULT A LAWYER ART. 22(1)
 RIGHT TO BE EXAMINED BY A MEDICAL
PRACTITIONER s. 54
 BAIL APPLICATION
UNDER-TRIAL PRISONERS
JUDICIAL ACTIVISM IN RIGHTS
BASED APPROACH
• “JUDIATRICS”
• - JUSTICE KRISHNA IYER.

• INCORPORATED DPSP INTO PART III

OF THE CONSTITUTION OF INDIA

• BY WAVE OF PILS FILED BY PUBLIC

SPIRITED CITIZENS
JUDICIAL ACTIVISM VIS-À-VIS
INDIAN CRIMINAL JUSTICE
SYSTEM
CHALLENGES
 Implementation and
execution
 Death, torture in lock-up
 Custodial torture
 Custodial death
 Capital Punishment
SUGGESTIONS
THE MALIMATH COMMITTEE ON
CRIMINAL JUSTICE REFORMS
 Sentencing policy
 Checks and
balances
 THANKYOU 

 ANY SUGGESTIONS, QUESTIONS

AND CLARIFICATIONS ARE
WELCOME 