Lacuna Of India Essay

LACUNAES IN THE CRIMINAL JUSTICE –

The criminal justice system in India is facing some challenges, which it must overcome in order to survive by earning the faith of the people for which it exists. The common man has no idea of the inherent lacunas in it and he is surprised when he finds that he does not get the relief or remedy, which he may have justly expected and ultimately he loses faith in the system .

1. Lack of Coordination and System approach -

There is generally a lack of understanding and lack of coordination among various components of criminal justice system that is police, prosecution, judiciary and the correctional organizations . The legislature makes the law, the police is to set the law in motion, to investigate the case and to produce the

The judicial officers must be given extensive training. They should also be given training in forensic sciences.

7. The entire range of offences under cognizable and non-cognizable offences be re-examined in the context of rapid social change. Some of the non-cognizable offences can be made cognizable.

8. Victims of crimes be paid compensation by state, which should be realised from offenders. Presently compensation is only liable to be paid under certain circumstances to the victim under Section 357 of Cr.P.C, 1973.

9. Police forces and investigating agencies be given extensive training and necessary modern equipment and infra-structural facilities for the purpose.

10. Serious offences should invariably be investigated by the senior officers of the police force. As faras possible and practicable, the investigation of a case, should be the responsibility of one officer and separate investigating agency be established.

11. Impartiality of the police in law enforcement must be maintained and thereby basic human rights of citizens must be upheld and protected. Senior police officers should exercise greater control and supervision over subordinate police staff. Political influences should also be