NATIONAL LAW UNIVERSITY

ODISHA

ADVANCED VOCATIONAL DIPLOMA

IN
PARALEGAL STUDIES

SUBJECT- INTERDUCTION TO LAW AND GOVERNANCE

Submit to
Dr. Rangin Pallav Tripathy
Mr.Pramoda Kishore Acharya
Submit by
Manasa Ranjan Dash
Student-16AVDPS
Roll_no-009
Email_id – Manasd78@gmail.com
Email_id – 16avdps009@nluo.ac.in

NO-6 Explain The Structure Of The Panchyat Raj System In

Odisha .Discuss The Power And Function Of Gram Panchayat ?
Ans-

Panchaya means an institution of self-government constituted

under Article- 243-B for the rural areas.there shall be constituted in

every state,Panchayats at the village intermediate and district levels

in accordance with the provisions of notwithstanding anything in

panchayats at the intermediate level may be not be constituted in a

state having a population not exceeding 20laks .

A gram panchayat is the cornerstone of a local self-

government organisation in India of the panchayati raj system at the

village or small town level and has a sarpanch as its elected head.

The failed attempts to deal with local matters at the national level

caused, in 1992, the reintroduction of panchayats for their previously

used purpose as an organisation for local self-governance.

The Structure Of The Panchyat Raj System In Odisha -

 The 73rd constitutional amendment was a formal instrument
introduced by the Central Government in 1992 and was blessed by
the State Assemblies, to introduce a minimum level of rural
decentralization uniformly across the states.

The constitution Amendment mandates political empowerment of the

Panchayati Raj Institutions leaving issues of design and
Implementation on sectoral, administrative and fiscal aspects of
decentralization to the states.

In Orissa, the State Assembly passed the required conformity

Acts in 1994, 1995 and 1997 to set in place the present form of (lie
three-tier system of Panchayati Raj consisting of Zilla Parishad at the
district level, Panchayat Samiti at the block level and Gram
Panchayat at the village level.

Panchayati Raj institutions are directly under the general

supervision and control of the state. The first state Finance
Commission was set up in 1996 to make recommendations as
regards (lie financial powers of the Panchayats.

Functions of Panchayats

The panchayats have two types of functions:

1. Mandatory

2. Discretionary

1. Mandatory Functions : Sanitation, conservancy and drainage,

prevention of public nuisances, drinking water, construction and
maintenance of village roads, construction and repair of public
buildings, registration of births and deaths, opening and maintenance
of cremation and burial grounds, rural electrification,
poverty alleviation programme, preparation of annual budget and
development plans, construction and maintenance of cattle sheds,
ponds etc. social farm forestry, fuel and fodder, slaughter houses,
public parks and playgrounds, agriculture, poultry and fisheries etc.

2. Discretionary Functions: Agriculture, animal husbandry and dairy

development, minor irrigation, small scale industries, housing,
electricity and non-conventional energy, rural development
programmes, education cultural affairs and heritage, public health
etc. In additional, the village panchayats may be assigned additional
functions by the state governments and Zila Parishads.

The powers and functions of the Gram Panchayat

 A gram panchayat fund has been created on the pattern of the

consolidated fund of the state. All money received by the Gram

Panchayat like contribution or grants made by the State Government,

Union Government, Zila Parishad and all sums received by the

panchayat in the form of taxes, rates, duties, fees, loans, fines and

penalties, compensation, court decree, sale proceeds and income

from panchayat property etc. go into that fund.

Village Panchayats have been empowered to levy taxes or fees

on subjects like houses and buildings, professions, trades, callings

and employments, fees on registration of vehicles, fairs and melas,

sanitary arrangements, water tax, lighting tax, tax on sale of firewood,

tax on slaughter houses, private fisheries, license fee on tea stalls,

hotels or restaurants, carts, carriages, boats, rickshaws etc.

NO- 4 Explain justice system in India. Describe the basic features of

the criminal justice system ?
● Judicial System in India

There is a single integrated judicial system in India. It is organized on

pyramidal form. At the apex of the entire judicial system stands the
Supreme Court of India.

Immediately below the Supreme Court are the various High Courts
and below them are be subordinate courts in each state.

All the courts in the Union of India are under the control of the
Supreme Court. And the decisions of the Supreme Court are binding
on all other courts within the territory of India.

Courts

►Supreme Court of India

Main article: Supreme Court of India

The Supreme Court of India is the highest court of the land as

established by Part V, Chapter IV of the Constitution of India.
According to it, the Supreme Court is a federal court, guardian of the
Constitution and the highest court of appeal. Articles 124 to 147 of the
Constitution lay down the composition and jurisdiction of the Court.
Primarily, it is an appellate court which takes up appeals against
judgments of the High Courts of the states and territories. However, it
also takes writ petitions in cases of serious human rights violations or
any petition filed under Article 32 which is the right to constitutional
remedies or if a case involves a serious issue that needs immediate
resolution. It had its inaugural sitting on 28 January 1950, the day
India's constitution came into force,

The Supreme Court comprises the Chief Justice and 30 other

Judges.

►High courts

Main article: High courts of India

There are 24 High Courts at the State level. Article 141 of the
Constitution of India mandates that they are bound by the judgments
and orders of the Supreme Court of India by precedence. These
courts have jurisdiction over a state, a union territory or a group of
states and union territories. Below the High Courts are a hierarchy of
subordinate courts such as the civil courts, family courts, criminal
courts and various other district courts. High courts are instituted
as constitutional courts underPart VI, Chapter V, Article 214 of
the Indian Constitution.

The High Courts are the principal civil courts of original

jurisdiction in the state along with District Courts which are
subordinate to the High courts. However, High courts exercise their
original civil and criminal jurisdiction only if the courts subordinate to
the high court in the state are not competent (not authorised by law)
to try such matters for lack of pecuniary, territorial jurisdiction. High
courts may also enjoy original jurisdiction in certain matters if so
designated specifically in a state or Federal law. e.g.: Company law
cases are instituted only in a high court.

However, primarily the work of most High Courts consists of

Appeals from lower courts and writ petitions in terms of Article 226 of
the Constitution of India. Writ Jurisdiction is also original jurisdiction of
High Court. The precise territorial jurisdiction of each High Court
varies.

Judges in a high court are appointed by the President after

consultation with the Chief Justice of India, Chief Justice of High
Court and the governor of the state. The number of judges in a court
is decided by dividing the average institution of main cases during the
last five years by the national average, or the average rate of disposal
of main cases per judge per year in that High Court, whichever is
higher.

The Calcutta High Court is the oldest High Court in the country,
established on 2 July 1862, whereas the Allahabad High Court is the
largest, having a sanctioned strength of judges at 160.

High courts which handle a large number of cases of a particular

region, have permanent benches (or a branch of the court)
established there. For litigants of remote regions, 'circuit benches' are
set up, which work for those days in a month when judges visit.
►District courts

Main article: District Courts of India

The District Courts of India are established by the State

governments in India for every district or for one or more districts
together taking into account the number of cases, population
distribution in the district. They administer justice in India at
a district level. These courts are under administrative control of
the High Court of theState to which the district concerned belongs.
The decisions of District court are subject to the appellate jurisdiction
of the concerned High court.

The district court is presided over by one District Judge

appointed by the state Government. In addition to the district judge
there may be number of Additional District Judges and Assistant
District Judges depending on the workload. The Additional District
Judge and the court presided have equivalent jurisdiction as the
District Judge and his district court.

The district judge is also called "Metropolitan session judge"

when he is presiding over a district court in a city which is designated
"Metropolitan area" by the state Government. The district court has
appellate jurisdiction over all subordinate courts situated in the district
on both civil and criminal matters. Subordinate courts, on the civil
side (in ascending order) are, Junior Civil Judge Court, Principal
Junior Civil Judge Court, Senior Civil Judge Court (also called sub-
court). Subordinate courts, on the criminal side (in ascending order)
are, Second Class Judicial Magistrate Court, First Class Judicial
Magistrate Court, Chief Judicial Magistrate Court.In addition 'Family
Courts" are established to deal with matrimonial disputes alone. The
Principal judge of family court is equivalent to District Judge.

►Village courts

Village courts, called Lok Adalat (people's court) or Nyaya

Panchayat (justice of the villages), compose a system of alternative
dispute resolution. They were recognized through the 1888 Madras
Village Court Act, then developed (after 1935) in various provinces
and (after 1947) Indian states. The model from the Gujarat State (with
a judge and two assessors) was used from the 1970s onwards.

In 1984 the Law Commission recommended to create Nyaya

Panchayats in rural areas with laymen ("having educational
attainments"). The 2008 Gram Nyayalayas Act have foreseen 5,000
mobile courts in the country for judging petty civil (property cases)
and criminal (up to 2 years of prison) cases. However, the Act has not
been enforced properly, with only 151 functional Gram Nyayalayas in
the country (as of May 2012) against a target of 5000 such
courts. The major reasons behind the non-enforcement includes
financial constraints, reluctance of lawyers, police and other
government officials
The Structure of Criminal Justice

The essential object of criminal law is to protect society against

criminals and law-breakers. For this purpose the law holds out threats
of punishments to prospective lawbreakers as well as attempts to
make the actual offenders suffer the prescribed punishments for their
crimes. Therefore, criminal law, in its wider sense, consists of both
the substantive criminal law and the procedural (or adjective) criminal
law. Substantive criminal law defines offences and prescribes
punishments for the same, while the procedural law administers the
substantive law.

Therefore the two main statues which deals with administration of

criminal cases in our country are criminal procedure code i.e. Crpc
and Indian penal code i.e. Ipc being procedural and substantive
respectively. However with the changing times the societal norms
also change and people who are part of this society have to accept
this change either by way of compromise or any other way in order to
adjust and make them still the part of the very same society. In earlier
days there was no criminal law in uncivilized society.

Every man was liable to be attacked in his person or property at

any time by any one. The person attacked either succumbed or over-
powered his opponent. "A tooth for a tooth, an eye for an eye, a life
for a life" was the forerunner of criminal justice . As time advanced,
the injured person agreed to accept compensation, instead of killing
his adversary.

Subsequently, a sliding scale came into existence for satisfying

ordinary offences. Such a system gave birth to archaic criminal law.

For a long time, the application of these principles remained

with the parties themselves, but gradually this function came to be
performed by the State. The germs of criminal jurisprudence came
into existence in India from the time of Manu.

In the category of crimes Manu has recognized assault, theft,

robbery, false evidence, slander, criminal breach of trust, cheating,
adultery and rape. The king protected his subjects and the subjects in
return owed him allegiance and paid him revenue. The king
administered justice himself, and, if busy, the matter was entrusted to
a Judge. If a criminal was fined, the fine went to the king's treasury,
and was not given as compensation to the injured party.

Later with the advent of western jurisprudence and passing of

various charters and commissions and the advent of British rule the
Indian society succumbed or we can probably say adjusted or
adapted and aligned itself to the adversarial system of justice
dispensation which prevails even today but with a lot of changes
which have been time and again being made to it to suit to the needs
of the changing times.

In today’s world one needs to have a receptive, broad and

open mind in order to solve various problems which are discussed in
chapter one being faced by our justice system. Since it is evident that
a change is required in our criminal justice system and there is a
need to adhere to recourse to alternative methods of dispute
resolution even in criminal cases instead of making a major change
we firstly have to see the common features of a trial and the
procedure which is followed by our courts or system for the
administration of criminal justice and its flaws which is discussed as
further.

At the outset of this chapter the researcher would like to state

that owing to paucity of time and nature of topic selected the
researcher has limited his scope of study to a certain specific
offences only and would be dealing with them and the lacuna which
exists in the administration procedure followed and which particular
technique of ADR can be used to curb the said problems and side by
side would result in a fair and expeditious trial.

Procedure Of Criminal Justice]

The procedure of administration of criminal justice in our

country is divided into three stages namely investigation, inquiry and
trial. The Criminal procedure code 1973 provides for the procedure to
be followed in investigation, inquiry and trial, for every offence under
the Indian Penal Code or under any other law. Now before discussing
the procedure of administration there are certain basic terms one
should be aware of these being;
Cognizable offences.
Non cognizable offences.
Inquiry.
Investigation.
Section 2(c) of the Code defines ‘Cognizable Offence’ and
‘Cognizable case’ as follows: -
“Cognizable Offence" means an offence means an offence for which,
and “Cognizable case" means a case in which, a police officer may, in
accordance with the First Schedule or under any other law for the
time being in force, arrest without warrant".

Whereas section 2(l) defines “Non-cognizable offence" means

an offence for which, and “non-cognizable case" means a case in
which, a police officer has no authority to arrest without warrant"
Section 2 (g) defines “Inquiry" means every inquiry, other than a trial,
conducted under this Code by a Magistrate or court; and section 2 (h)
defines "Investigation" includes all the proceedings under this Code
for the collection of evidence conducted by a police officer or by any
person (other than a Magistrate) who is authorized by a Magistrate in
this behalf,
Therefore for a dispute to be resolved the said case has to go
through the three stages i.e. inquiry investigation and trial and after
this process is completed the judgement of the court is passed by the
judge who decides the case and its outcome. Although the said
process appears to simple and plain on paper but in practicality is
cumbersome and time consuming which is defeating the main
essence of a criminal system i.e. fair and expeditious justice and
hence warrants a change now.
 The three stages: namely investigation, inquiry and trial are as
follows Investigation is a preliminary stage conducted by the police
and usually starts after the recording of a First Information Report
(FIR) in the police station. Section 154 [4] provides that any
information received in the police station in respect of a cognizable
offence shall be reduced into writing, got signed by the informant and
entered in the concerned register. Section 156(1) requires the
concerned officer to investigate the facts and circumstances of such a
case without any order from the Magistrate in this behalf.
If Magistrate receives information about commission of a
cognizable offence he can order an investigation. In such cases
citizen is spared the trouble and expense of investigating and
prosecuting the case.

Section 157 [5] of the code provides for the procedure for
investigation which is as; if the officer-in-charge of a police station
suspects the commission of an offence, from statement of FIR or
when the magistrate directs or otherwise, the officer or any
subordinate officer is duty-bound to proceed to the spot to investigate
facts and circumstances of the case and if necessary, takes
measures for the discovery and arrest of the offender.
It primarily consists of ascertaining facts and circumstances of
the case, includes all the efforts of a police officer for collection of
evidence: proceeding to the spot; ascertaining facts and
circumstances; discovery and arrest of the suspected offender;
collection of evidence relating to the commission of offence, which
may consist of the examination of various persons including the
accused [6] and taking of their statements in writing and the search of
places or seizure of things considered necessary for the investigation
and to be produced at the trial; formation of opinion as to whether on
the basis of the material collected there is a case to place the
accused before a magistrate for trial and if so, taking the necessary
steps for filing the charge-sheet.
The investigation procedure ends with a submission of a police
report to the magistrate under section 173 of the code this report is
basically a conclusion which an investigation officer draws on the
basis of evidence collected.
Now the second phase is, Inquiry dealt under sections 177-189
of the code which consists of a magistrate, either on receiving a
police report or upon a complaint by any other person, being satisfied
of the facts. Lastly, the third stage is trial. Trial is the judicial
adjudication of a person’s guilt or innocence. Under the Crpc, criminal
trials have been categorized into three divisions having different
procedures, called warrant, summons and summary trials. Section
2(x) of the Crpc defines Warrant-case i.e. “Warrant-case" means a
case relating to an offence punishable with death, imprisonment for
life or imprisonment for a term exceeding two years;

A warrant case relates to offences punishable with death,

imprisonment for life or imprisonment for a term exceeding two years.
Trial of warrant cases is dealt under sections 238-250 of the code.
 The Crpc provides for two types of procedure for the trial of
warrant cases i.e. By a magistrate, triable by a magistrate, viz., those
instituted upon a police report and those instituted upon complaint.
In respect of cases instituted on police report, it provides for the
magistrate to discharge the accused upon consideration of the police
report and documents sent with it. In respect of the cases instituted
otherwise than on police report, the magistrate hears the prosecution
and takes the evidence.
If there is no case, the accused is discharged. If the accused is
not discharged, the magistrate holds regular trial after framing the
charge, etc.
In respect of offences punishable with death, life imprisonment
or imprisonment for a term exceeding seven years, the trial is
conducted in a session’s court after being committed or forwarded to
the court by a magistrate.
A summons case means a case relating to an offence not being
a warrant case, implying all cases relating to offences punishable with
imprisonment not exceeding two years. In respect of summons
cases, there is no need to frame a charge.
The court gives substance of the accusation, which is called “notice",
to the accused when the person appears in pursuance to the
summons.
The court has the power to convert a summons case into a
warrant case, if the magistrate thinks that it is in the interest of justice.
The provisions regarding the procedure to be followed in summons
case is dealt under section 251-259 of the Crpc.
 Summary trials are dealt under section 260 – 265 of the Crpc
the procedure is as provided; the high court may empower
magistrates of first class to try certain offences in a summary way
where as second class magistrates can summarily try an offence only
if it is punishable only with a fine or imprisonment for a term not
exceeding six months.
In a summary trial no sentence of imprisonment for a term
exceeding three months can be passed in any conviction. The
particulars of the summary trial are entered in the record of the court
and in every case which is tried summarily in which the accused does
not plead guilty the magistrate records the substance of the evidence
and a judgment containing a brief statement of the reasons for the
finding.

The common features of the trials in all three of the aforementioned

procedures may be roughly broken into the following distinct stages:

1. Framing of charge or giving of notice.

This is the beginning of a trial. At this stage, the judge is
required to weigh the evidence for the purpose of finding out whether
or not a prima facie case against the accused has been made out. In
case the material placed before the court discloses grave suspicion
against the accused that has not been properly explained, the court
frames the charge and proceeds with the trial.
If, on the contrary, upon consideration of the record of the case
and documents submitted and after hearing the accused person and
the prosecution in this behalf, the judge considers that there is not
sufficient ground for proceeding, the judge discharges the accused
and records reasons for doing so.
The words “not sufficient ground for proceeding against the
accused" mean that the judge is required to apply a judicial mind in
order to determine whether a case for trial has been made out by the
prosecution. It may be better understood by the proposition that
whereas a strong suspicion may not take the place of proof at the trial
stage, yet it may be sufficient for the satisfaction of the court in order
to frame a charge against the accused person.
The charge is read over and explained to the accused. If
pleading guilty, the judge shall record the plea and may, with
discretion convict him however if the accused pleads not guilty and
claims trial, then trial begins. Trial starts after the charge has been
framed and the stage preceding it is called inquiry. After the inquiry,
the charge is prepared and after the formulation of the charge the trial
of the accused starts. A charge is nothing but formulation of the
accusation made against a person who is to face trial for a specified
offence. It sets out the offence that was allegedly committed.

2. Recording of prosecution evidence

After the charge is framed, the prosecution is asked to examine
its witnesses before the court. The statement of witnesses is on oath.
This is called examination-in-chief. The accused has a right to cross-
examine all the witnesses presented by the prosecution [8] .
Section 309 of the Crpc further provides that the proceeding shall be
held as expeditiously as possible and in particular, when the
examination of witnesses has once begun, the same shall be
continued day-to-day until all the witnesses in attendance have been
examined.

3. Statement of accused
The court has powers to examine the accused at any stage of
inquiry or trial for the purpose of eliciting any explanation against
incriminating circumstances appearing before it. However, it is
mandatory for the court to question the accused after examining the
evidence of the prosecution if it incriminates the accused. This
examination is without oath and before the accused enters a defence.
The purpose of this examination is to give the accused a reasonable
opportunity to explain incriminating facts and circumstances in the
case.

4. Defence evidence
If after taking the evidence for the prosecution, examining the
accused and hearing the prosecution and defence, the judge
considers that there is no evidence that the accused has committed
the offence, the judge is required to record the order of
acquittal [9] .However, when the accused is not acquitted for absence
of evidence, a defence must be entered and evidence adduced in its
support. The accused may produce witnesses who may be willing to
depose in support of the defence. The accused person is also a
competent witness under the law. The accused may apply for the
issue of process for compelling attendance of any witness or the
production of any document or thing. The witnesses produced by him
are cross-examined by the prosecution [10] .
The accused person is entitled to present evidence in case he so
desires after recording of his statement. The witnesses produced by
him are cross-examined by the prosecution. Most accused persons
do not lead defence evidence. One of the major reasons for this is
that India follows the common law system where the burden of proof
is on the prosecution, and the degree of proof required in a criminal
trial is beyond reasonable doubt.

5. Final arguments
This is the final stage of the trial. The provisions of the Crpc
provide that when examination of the witnesses for the defence, if
any, is complete, the prosecutor shall sum up the prosecution case
and the accused is entitled to reply. The same is provided for under
section 234 of the code [11] .

6. Judgment
After conclusion of arguments by the prosecutor and defence,
the judge pronounces his judgment in the trial [12] . Here it is relevant
to mention that the Crpc also contains detailed provisions for
compounding of offences. It lists various compoundable offences
under table 1 of the Indian Penal Code which may be compounded
by the specified aggrieved party without the permission of the court
and certain offences under table 2 that can be compounded only after
securing the permission of the court compounding of offences also
brings a trial to an end [13] .
Under the Crpc an accused can also be withdrawn from prosecution
at any stage of trial with the permission of the court. If the accused is
allowed to be withdrawn from prosecution prior to framing of charge,
this is a discharge, while in cases where such withdrawal is allowed
after framing of charge, it is acquittal [14] .
The above described is the process how a trial takes place for
dispensation of a criminal case although this six stepped procedure
looks plain and simple it suffers from many inherent lacunas which
become the reasons for delay and hampers an expeditious trial and
not to forget the option of appeal is again there
where the state or the criminal has option to appeal to appellate
court and as well as seek a permission to file a special leave petition
to the supreme court
where in again all this process is repeated except for the fact
that the supreme court only deals with cases where there is a
question of law involved.
The following are some of the problems of our trial procedure which
pose as hurdles to speedy dispensation of cases;
Investigation though is the foundation of the Criminal Justice
System but is unfortunate that it is not trusted by the laws and the
courts themselves the same can be explained by a perusal of
sections 161 and 162 of the Criminal Procedure Code which provides
that the statements of the witnesses examined during investigation
are not admissible and that they can only be used by the defence to
contradict the maker of the statement, the confession made by
accused is also not admissible in evidence.
The statements recorded at the earliest stage normally have
greater probative value but can't be used in evidence.
It is common knowledge that police often use third degree methods
during investigation and there are also allegations that in some cases
they try to suppress truth and put forward falsehood before court for
reasons such as corruption or extraneous influences political or
otherwise.
Unless the basic problem of strengthening the foundation is
solved the guilty continue to escape conviction and sometimes even
innocent persons may get implicated and punished.

Secondly the police officers face excessive work load due to

lack of manpower and the public at large is non co-operative because
of the public image of the police officers and there is lack of
coordination with other sub-system of the Criminal Justice System in
crime prevention to add to the agony there is a lot of misuse of bail
and anticipatory bail provisions, more over due to Political and
executive interference police is directed for other tasks which are not
a part of police functions. It may be apt to point out that the rank of
the IO investigating a case also has a bearing on the quality of
investigation.
The minimum rank of a station house officer (SHO) in the
country is sub inspector (SI). However, some of the important police
stations are headed by the officers of the rank of Inspector. It has
been observed that investigations are mostly handled by lower level
officers, namely, HC and ASI etc.

The senior officers of the police stations, particularly the SHOs

generally do not conduct any investigations themselves. This results
in deterioration of quality of investigations. It is therefore necessary to
address ourselves to the problems and strengthen the investigation
agency.
Furthermore the common citizen is not aware of the distinction
between cognizable and non-cognizable offences. There is a general
feeling that if anyone is a victim of an offence the place he has to go
for relief is the police station. It is very unreasonable and awkward if
the police were to tell him that it is a non-cognizable offence and
therefore he should approach the Magistrate as he cannot entertain
such complaint.
Thirdly, the investigation of a criminal case, however good and
painstaking it may be, will be rendered fruitless, if the prosecution
machinery is indifferent or inefficient.
One of the well-known causes for the failure of a large number
of prosecutions is the poor performance of the prosecution. In
practice, the accused on whom the burden is little engages a very
competent lawyer, while, the prosecution, on whom the burden is
heavy to prove the case beyond reasonable doubt, is very often
represented by persons of poor competence, and the natural
outcome is that the defence succeeds in creating the reasonable
doubt on the mind of the court.
 Fourthly, the most notorious problem in the functioning of the
courts, particularly in the trial courts is the granting of frequent
adjournments on most flimsy grounds. This malady has considerably
eroded the confidence of the people in the judiciary. Adjournments
contribute to delays in the disposal of cases.
They also contribute to hardship, inconvenience and expense
to the parties and the witnesses. The witness has no stake in the
case and comes to assist the court to dispense justice. He sacrifices
his time and convenience for this. If the case is adjourned he is
required to go to the court repeatedly. He is bound to feel unhappy
and frustrated. This also gives an opportunity to the opposite party to
threaten or induce him not to speak the truth therefore the right to
speedy trial is thwarted by repeated adjournments.
Fifthly, one of the major causes for delay even in the
commencement of trial of a criminal case is service of summons on
the accused. The Code of Criminal Procedure provides for various
modes of service. Section 62 of the Code provides that summons
shall be served by a Police Officer, or subject to such rules being
framed by the State Government, by any officer of the Court or other
public servant. Unfortunately rules have not been framed by many
State Governments to enable service otherwise than through police
officers. Since the Criminal Procedure Code itself provides for other
means of service namely through registered post in the case of
witnesses, it should also provide for service on accused through
facilities of courier service, fax where available.
Lastly our country suffers from low judge population ratio
because of which the pendency of work increases therefore the
judges take a long time in delivering judgments this again adds to
enlargement of the time frame of a case to be decided from its
intuition point because of which the litigants feel that litigation is a
time consuming and lengthy procedure the two areas which need
special attention for improving the quality of justice are prescribing
required qualifications for the judges and the quality of training being
imparted in the judicial academics.
Since the above problems curb the speedy dispensation of

cases the researcher in order to provide or seek a solution for

remedying and trying to move away from the old colonial shackles

has undertaken to research upon this topic where the main research

ground would be whether introduction ADR techniques in certain

criminal cases would lead to speedy dispensation of cases without

calling in for a major infrastructural change for this very same

purpose the researcher has chosen six particular sections which

would be dealt further where each section would be explained along

with a its classification and which method of trial is followed and by

using a certain technique of ADR in trial of that particular offence

would lead to expeditious and fair trial as when compared to the

traditional litigation method ,

 The researcher owing to paucity of time and since compulsory
compromise is not possible all criminal cases the researcher has
undertaken to propose the following;
Adding more offences under section 320(1) table from the table under
section 320(2) i.e. offence which are to be compounded with the
permission of the court should now be allowed to be compounded
without eh permission of the court where both the parties agree to
settle the matter and refer the said matters for mediation instead of
normal trial procedure.
Sending all maintenance and family discord matters under
section 125 Crpc for mediation using family group conferencing
method instead of normal court trial.
Using victim offender mediation method for cases under section 323
IPC i.e. HURT.
Using victim offender mediation method for cases under section 379
IPC i.e. Theft.
Using victim offender mediation method or early neutral evaluation
method for cases of Criminal breach of trust dealt under section 405-
408 IPC.
Sending cases of defamation dealt under section 499 IPC for
mediation.
For the sake of brevity the researcher would divide the scope of

introducing ADR techniques into two chapters being scope of ADR in

Code of Criminal procedure where in section 320 and section 125

would be dealt with and the next following chapter would be

discussing about introducing ADR techniques in the substantive

criminal law i.e. IPC and would deal each section as a sub part of the

next chapters where in the following would be its sub –sub parts;

Content of the section and its explanation.

Which technique of ADR to be used for resolution of that

dispute and matching the dispute resolution process which would
lead fair and expeditious trial.
`A case law showing delay caused due to following of normal
trial procedure with reference to that particular section and how
usage of a particular technique of ADR would resolve the said
problem or where already such changes are being incorporated or
have been recommended by the Courts.