The judicial branch consists of all of the national courts and is responsible for interpreting the laws, punishing criminals and settling disputes between the states. The judicial branch also reviews lower court decisions. These three branches of government are a checks and balance system for each
The principal problems arising in that part of the criminal process which governs events before trial relate to the nature of police powers and procedure in the investigation of offences. The Code of Criminal Procedure 1973 confers wide powers upon our police of making arrests. In addition to the power of arrest, the code bestows upon the police powers parallel to the magistrate to release and arrest person on bail. I. When Police may arrest without warrant U/s 41 Cr.PC.
Question 1 Generally, the legal system can be divided into two categories that being civil and criminal law. Distinguish between the role of criminal law in relation to the Malaysian legal system and analyze the purpose of the law. What is law? Law is a structure of rule whereby it is enforceable by the State. In society, law carries out functions, such as controlling or maintaining relations between citizens and state, or relations among individuals.
INTERNAL ACCOUNTABILITY MECHANISM The internal mechanism for holding particular police officers accountable for their actions are determined in the police act of 1861, the state governments police acts and in rules and regulations which are laid down in state police manuals. The police act 1861, authorities which are senior police officers of the rank of superintendent of police, they are appointed to impose one or more of the other punishments, including (a) fine not exceeding one month’s pay (b) confinement to quarter not exceeding 15 days, (c) deprivation of good conduct payment, and (d) removal from any rank of distinction or special emolument. Giving major punishments to suspected police personnel is tough task and takes time because the procedure of conducting, departmental inquiry is highly explained, and time consuming, even if the charges have been proved, the guilty police officer can and generally go to the court against the finding and punishment imposed. Unfortunately, the authority of police agencies in India had destroyed time by political interference, result in loss of discipline in the force and the progress of a tendency at differentlevels within the police to acquire outside patronage for rewards and to be covered against punishment. This is one of the major reasons for the
Laws set out standards, procedures and principles that must be followed. A law is enforceable by the judicial system, i.e. those responsible for breaking them can be prosecuted in court. There are various types of laws framed like criminal laws, civil laws, and international laws. Breaking a law is a punishable crime and has drastic consequences such as hefty fines, jail time and community service
Introduction Military law is a system of rules established for the government of persons in the armed forces.It is the law which governs the Members of the Armed Forces and regulates the Conduct of officers and soldier as such, in peace and war, at home and abroad. Its object is to maintain discipline as well as to deal with matters of administration in the armed forces. As distinguished from the ordinary civil law, it is administered by military commanders, military courts and is chiefly concerned with the trial and punishment of offences committed against its enactments; but on becoming subject to military law the soldier does not cease to be subject to the ordinary criminal and civil law (Halsbury, 2nd Ed. 1938, Vol.28, n. 1217). Furthermore, military law is to be distinguished from martial law.
If seen as guilty they then have the responsibility to impose a sentence that must not exceed thirty years or life imprisonment. This chamber must also order the convicted person to pay any compensation, retribution towards the victim and or join rehabilitation facilities. Lastly, the third chamber consists of the Appeals division. Within this chamber the judges hold the authority to uphold, reverse or even request a new trial in front of a different Trial chamber (Understanding the International Criminal Court). Therefore, the Chambers unlike the Presidency deal the cases being seen by the International Criminal Court.
4. The issue of responsibility of commanders and other superiors is defined in Article 28 of the Rome Statute and was further developed in the Prosecutor v. Jean-Pierre Bemba Gombo case. 5. According to Article 28 of the Rome Statute, there are four elements to the superior responsibility and read as follows: I. The accused was either military commander (de jure commander) or a person effectively acting as such (de facto commander) and had effective command and control (or effective authority and control in case of de facto commander) over the subordinates who committed the crimes .
It is the power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution. Judicial review has two important functions, like, of legitimizing government action and the protection of constitution against any undue encroachment by the gov¬ernment. The power of Judicial Review is incorporated in Articles 226 and 227 of the Constitution insofar as the High Courts are concerned. In regard to the Supreme Court Articles 32 and 136 of the Constitution, the judiciary in India has come to control by judicial review every aspect of governmental and public
In reference to this,the armed forces have time and again maintained that the human rights violations are in fact aberrations and in continuation of the standards of discipline in the Army, all cases so far have been investigated. More than 90% cases of alleged human rights violations have been found to be motivated to embroil security forces in long legal battles and put them on the back foot. This notwithstanding, the underlining strategically relevant aspects in support of AFSPA need holistic introspection. The foundation of the AFSPA is based on article 355 of the Constitution which lays down the responsibility upon the Union to protect every State against external aggression and internal disturbance. The act was also granted legitimacy by the Supreme Court in the Naga Peoples’ Movement for HR vs. UOI, 1997.