DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P, INDIA

TOPIC:

CASES WHICH HAVE CHANGED THE CRIMINAL JUSTICE ADMINISTRATION SYSTEM

CODE OF CRIMINAL PROCEDURE

Ms. Soma Battacharjya

SUBMITTED BY
ASHIRBAD SAHOO

2019082

SEMESTER IV

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ACKNOWLEDGEMENT

I have taken efforts in this project. However, it would not have been possible without the kind support and help of many individuals. I would like
to extend my sincere thanks to all of them.

I am highly indebted to Mrs. SOMA Mam for his guidance and constant supervision as well as for providing necessary information regarding the
project & also for their support in completing the project.

I would like to express my gratitude towards my family and friends for their kind co-operation and encouragement, which help me in completion
of this project.

My thanks and appreciations also go to my friends in developing the project and people who have willingly helped me out with their abilities.

Ashirbad Sahoo

20119082

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Abstract
“Administration of justice is the first promise of our Constitution. For achieving this end courts have been established. Since the dawn of
civilisation crime exists in our society. For curbing criminality, criminal law courts have been established. In the administration of justice much
focus has been given to the rights of the accused. It seems trial starts with the accused and ends with the accused. India’s criminal justice
administration system administration system is not perfect. most of the maladies of the system primarily originates from the accusational
philosophy of justice which is the intuitional milieu of a developing society can afford in the present context of democracy. I have tried to
highlight the importance of the criminal justice administration system and tried to understand the system with a few cases.

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Contents
Abstract.......................................................................................................................................................................................................................3
Criminal justice administration in India..............................................................................................................................................................6
Components of criminal justice system in India......................................................................................................................................................6
Cases........................................................................................................................................................................................................................7
Lalita Kumari vs State of Uttar Pradesh.................................................................................................................................................................7
D.K. Basu vs. State of West Bengal...........................................................................................................................................................................9
Conclusion.............................................................................................................................................................................................................10
BIBLIOGRAPHY....................................................................................................................................................................................................10

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Objective of the study

1. To completely understand the criminal justice administration system.

2. To figure out the loopholes in the system and suggest appropriate solutions.

3. To substantiate and elaborate the concept.

4. To know the concept using landmark judgements.

Scope of the study

The study is limited to the criminal justice administration system in India.

Significance of the study

The study helps us to know the criminal justice administration system in India and understand it better with the help of few cases.

Literature review

In this project the student researcher has taken valuable information from various articles, journals, books and web sources.

Books – 1. The Criminal law by S.N. Mishra.

2. Textbook on The Law of criminal

Web sources –1. www.lawctopus.com, - useful for accessing various judgements and statutes

2. www.lawteacher.net – useful for accessing various perspective and knowledge over a single topic

Research methodology

The student researcher has used doctrinal method of research for this project work. This research is a critical and explanatory study of the
concept criminal justice administration.

Sources

Primary sources

Lalita Kumari vs State of U.P

D.K Basu vs State of West Bengal

Secondary sources

The student researcher has collected valuable information from secondary sources like books, web sources, articles and journals.

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Criminal justice administration in India
The essential object of criminal law is to secure society against criminals and law-breakers. “For this reason, the law holds out threats of
punishments to planned lawbreakers as well as attempts to make the actual offenders languish the recommended punishments over their
violations.” Therefore, criminal law, in its more extensive sense, comprises of both the substantive criminal law and the procedural (or adjective)
criminal law. Substantive criminal law characterizes offenses and recommends punishments for the same, while the procedural law administers
the substantive law.” 1

“Therefore, the two main statues which deals with administration of criminal cases in our nation are criminal procedure code for example Crpc
and Indian penal code for example Ipc being procedural and substantive separately.” Anyway, with the changing occasions the societal standards
also change and individuals who are part of this society have to accept this change either via bargain or any alternate way to adjust and make
them still the part of exactly the same society. “In earlier days there was no criminal law in uncouth society. Each man was liable to be attacked
in his individual or property at any time by any one. “The individual attacked either surrendered or over-fuelled his adversary. "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 harmed individual agreed to accept
compensation, instead of killing his adversary. Hence, a sliding scale came into reality for satisfying ordinary offenses. Such a framework gave
birth to archaic criminal law.

“For quite a while, the application of these standards remained with the actual parties, however gradually this capacity came to be performed by
the State. The germs of criminal jurisprudence came into reality in India from the hour of Manu. In the category of violations Manu has
perceived assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, adultery and rape. The lord ensured his subjects and
the subjects consequently owed him allegiance and paid him income. The ruler administered justice himself, and, if occupied, the matter was
entrusted to a Judge. In the event that a criminal was fined, the fine went to the ruler's treasury, and was not given as compensation to the harmed
party.” 2

“Later with the advent of western jurisprudence and passing of various charters and commissions and the advent of British principle the Indian
society surrendered or we can probably say adjusted or adapted and aligned itself to the adversarial arrangement of justice dispensation which
prevails even today however with a ton of changes which have been over and over being made to it to suit to the necessities of the changing
occasions. In today's reality one requirements to have a responsive, broad and receptive outlook to tackle various issues which are talked about in
chapter one being faced by our justice framework. Since it is apparent that a change is needed in our criminal justice framework and there is a
need to adhere to response to alternative techniques for question goal even in criminal cases instead of making a major change we right off the
bat have to see the regular features of a trial and the procedure which is trailed by our courts or framework for the administration of criminal
justice and its flaws which is talked about as further.”

Components of criminal justice system in India

“The criminal justice system is a system, which involves organizational course of action, comprising of various components working mutually or
independently towards a particular objective.' viz., the legislature, the police, the prosecution, the Court and the correctional organization. The
legislative field is vital in criminal justice system of any state. They produce the laws that mention to us what conduct is prohibited and give
punishments to taking part in precluded conduct. These laws empower the courts to choose blame or guiltlessness, and the correctional sub-
systems to rebuff or endeavour to rehabilitate the convict. So, the working of our criminal justice system starts with the institutions of
legislature.”

Next segment of criminal justice system is police or the law enforcement sub-system. To keep harmony, law and order, to forestall wrongdoing,
to secure the law violator these errands are doled out to police. Without law enforcement sub-system, the remainder of criminal justice system
sub-systems can't play out their capacities.3

Another segment of criminal justice system is Prosecution. The prosecutor is the individual, who decides if a supposed violator will be prepared
by the judicial sub-system. In the event that the prosecution feels that the case is proper, then conventional charges are outlined. Yet, he has no
ability to meddle in the investigation.

1
tps://www.thehindu.com/
2
Blog.ipleaders.in

3
https://www.casemine.com
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The following most significant segment of criminal justice system is Judiciary. “The job of court in criminal justice system is more crucial and
huger than that of the police. The great capacity of the court is to give free, reasonable, quick and unbiased justice. The judges need to release
their capacities with most extreme consideration and alert so the public trust in judicial process isn't broken. The directing judge should know
that his verdict for the situation will establish a long-term connection with the denounced and victim about justice or injustice, contingent on
legitimate or improper absolution or conviction of the denounced. An autonomous, fair-minded also, capable judiciary is the main prerequisite of
justice. The judiciary will choose the issue before it, fair-mindedly, based on realities and as per law, with no limitations, ill-advised impacts,
actuations, pressing factors, dangers, or obstructions, immediate or circuitous, from any quarter or under any conditions.”

“The last significant component of criminal justice system is correctional institutions. Correctional subsystem tries to rehabilitate the offender,
with the goal that the individual in question won't abuse the law once more. By rebuffing the offender, it is trusted that other people will be
hindered from abusing the law for even the first run through. There are two fundamental choices in the remedy sub-system: probation and prison,
both includes a few limitations on one's freedom.”

Cases

Lalita Kumari vs State of Uttar Pradesh

Facts- The current writ petition has been recorded in the Supreme Court under Article 32 of the Constitution by Lalita Kumari (minor) through
her father for the issuance of a writ of Habeas Corpus or directions of like nature for the protection of his daughter who has been kidnapped.

“The grievance of the petitioner is that on 11.05.2008, a written report was submitted to the officer in-charge of the police station who didn't take
any action on the same. Afterwards, a FIR was enlisted by the Superintendent of Police and yet, no means were taken for apprehending the
accused or for recuperation of the young woman.”

Issue- Whether a police officer is bound to register a FIR after receiving any information relating to the commission of a cognizable offense
under section 154 of the Code of Criminal Procedure, 1973 or the police officer has the ability to guide a preliminary inquiry in solicitation to
test the veracity of such information preceding registering the same?

Petitioner's Contentions- “The utilization of word 'Shall' in Section 154(1) indicates that there is no attentiveness left to the police officer but to
register the FIR. On the side of the suggestion, reliance was placed on the following decisions, viz., B. Premanand v. Mohan Koikal, M/s Hiralal
Rattanlal v. State of U.P. and Anr., and Govindlal Chhaganlal Patel v. Agricultural Produce Market Committee, Godhra and Ors.”

“Section 154(1) determines the word 'Information' without prefixing the words 'reasonable' or 'credible' which indicates that genuineness or
believability of the information isn't a condition point of reference for registration of case. On the recommendation, reliance was placed on the
following decisions, viz., Ganesh Bhavan Patel and Another v. State of Maharashtra, State of Haryana v. Bhajan Lal, and Aleque Padamsee and
Others v. Union of India and Others.””4

“Respondent's Contentions- States of West Bengal, Uttar Pradesh, Rajasthan and Madhya Pradesh fought that the registration of FIR is
mandatory u/s 154 of the CrPC, if the information reveals a cognizable offense and no preliminary inquiry is allowed in such situations.”

“States of Chhattisgarh and Maharashtra contended that a preliminary inquiry should be conducted before the registration of FIR on the
following basis:

a) The provisions of Section 154(1) ought to be read in the light of Articles 14, 19 and 21 which gives that no citizen shall be presented to
malicious prosecution and an innocent shall not be implicated in a criminal case. The liberty of a citizen would be in jeopardy if a police
officer continues to register a FIR, notwithstanding not being satisfied about the commission of a cognizable offense.
b) No single provision of a statute can be read and interpreted in isolation, but the statute must be read as a whole. Accordingly, the
provisions of Sections 41, 57, 156, 157, 157, 167, 190, 200 and 202 of the Code must be read together.
c) Section 154(3) enables the complainant to approach the Superintendent of Police to register the FIR if the same is dismissed by the
officer in-charge of the police station. This indicates that the police officer isn't bound to register the FIR if he has inquiries regarding the
veracity of the complaint.
d) The recording of FIR under Section 154 in the book is resulting to the passage in the General Diary, maintained in police station.
Therefore, information is a report at the earliest in the General Diary, then if any preliminary inquiry is required, the police officer direct
the same and thereafter, the information is recorded as FIR.5
4
https://www.criminaldefenselawyer.com

5
https://www.indiankanoon.org
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 e) Rule of purposive interpretation has been liked over literal interpretation in Chairman Board of Mining Examination and Chief Inspector
of Mines and Anr. v. Ramjee.”

Observation

1) The FIR is a pertinent archive that helps in setting the criminal law moving and obtaining information about the alleged criminal activity.
2) The main principle of interpretation of a statute is the literal standard of interpretation. The utilization of word 'Shall' in Section 154(1) of
the Code clearly shows the legislative intent that it is mandatory to register a FIR if the information unveils the commission of a
cognizable offense. In this regard, reliance was placed on the observations in M/s Hiralal Rattanlal and B. Premanand.
3) “The word 'complaint' utilized in past Codes of 1861 and 1872 was replaced by the word 'information' as it happens in the current Code
of 1973. Also, it isn't prefixed by the words reasonable' or 'credible' not at all like Section 41(1)(a) or (g). This indicates that the lone
condition which is sine qua non for recording a FIR is that there should be information disclosing a cognizable offense. In this regard,
reliance was placed on Lallan Chaudhary v. State of Bihar.”
4) “A record in the General Diary u/s 44 of the Police Act, 1861 isn't the satisfaction of the prerequisites of Section 154 of the Code. In
Madhu Bala v. Suresh Kumar, it was held that the registration of FIR should be done in FIR Book/Register as General Diary contains just
the substance of each FIR being registered at the police station. It is also noted that in perspective on Article 254(1) of the Constitution, if
there is any inconsistency between the laws made by the Parliament (Code of Criminal Procedure, 1973) and the laws made by the State
Legislatures (The Police Act, 1861), the previous will prevail.”
5) “Registration of FIR u/s 154 and arrest of an accused u/s 41 are various ideas under the law, and several safeguards are available against
arrest along with the provision of anticipatory bail u/s 438 of the Code. In Joginder Kumar v. State of U.P., that no arrest can be made on
a simple allegation of commission of an offense against an individual. Also, police officer can be attempted and rebuffed u/s 166 for
misusing his force of arrest. Therefore, Section 154 of the Code isn't in violation of Article 21 of the Constitution.”
6) “Although, it is mandatory to register a FIR on receipt of information about cognizable offense, yet, there may be instances where
preliminary inquiry may be required, as, in cases related to medical carelessness (Jacob Mathew v. State of Punjab and debasement (P.
Sirajuddin v. State of Madras).”6

Judgement

“In perspective on the aforesaid observations, the hon'ble Supreme Court gave various directions- 1) It is mandatory to register a FIR u/s 154 of
the Code, if the information uncovers the commission of a cognizable offense and no preliminary inquiry is allowable in such a situation. On the
off chance that the information doesn't uncover a cognizable offense however indicates the need for an inquiry, a preliminary inquiry may be led
to ascertain whether information reveals any cognizable offense.” 7

“2) On the off chance that the inquiry unveils a cognizable offense, the FIR should be registered. If not, a duplicate of the passage of conclusion
should be provided to the main informant forthwith and not later than multi week.”

Cases in which preliminary inquiry may be made before the registration of FIR -

1) Matrimonial questions/Family debates

2) Commercial offenses
3) Medical Negligence cases
4) Defilement cases
5) Cases where there is abnormal delay in initiating criminal prosecution.

These are just illustrative and not exhaustive. The fulfilment of preliminary inquiry should not surpass 7 days and all the information related to
the same shall be recorded in the General Diary, maintained in the police station.

D.K. Basu vs. State of West Bengal8

Facts- “DK Basu, Executive Chairman of Legal Aid Services, West Bengal, a non-political organization on 26/08/1986 tended to a letter to the
Supreme Court of India pointing out his specific news distributed in the Telegraph Newspaper about deaths in police custody and custody. He
mentioned that the letter be treated as a Writ Petition inside the "Public Interest Litigation".

6
https://www.thehindu.com/
7
https://www.casemine.com
8
D.K. Basu vs. State of West Bengal
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“Considering the significance of the issues brought up in the letter, it was treated as a written Petition and the Defendants were informed. While
the writ petition was being thought of, Mr. Ashok Kumar Johri tended to a letter to the Chief Justice of the Supreme Court pointing out his the
passing of a Mahesh Bihari from Pilkhana, Aligarh in police custody. A similar letter was additionally treated as a Request for Writing and was
incorporated alongside D.K.Basu's Request for Writing. On 14/08/1987 the Court gave the Order giving notices to all state governments and a
notice was likewise given to the Law Commission mentioning fitting proposals inside a two-month time span.”

” In light of the warning, a few states submitted affidavits, including West Bengal, Orissa, Assam, Himachal Pradesh, Haryana, Tamil Nadu,
Meghalaya, Maharashtra, and Manipur. Also, Dr. A.M.Singh vi, Principal Counsel was named Amicus Curiae to help the Court. The entirety of
the attorneys who showed up gave valuable help to the Court.”

Issues

1) For what reason are wrongdoings against people in lockups or custody expanding day by day?
2) The arbitrariness of Policemen in arresting a person.
3) Is there any need to specify some guidelines to make an arrest?

Arguments Advanced from the side of Petitioner

“The petitioner argued that real pain and mental agony endured by an individual within the four walls of a police station or confinement ought to
be avoided. Regardless of whether it is physical assault or rape in police custody, the extent of trauma encounters is past the domain of the law.
The petitioner further battled that there is a requirement for an enlightened nation and some major advances ought to be taken for its
eradication.”

Arguments advanced from the side of Respondent

“The counsel appearing for changed states and Dr. A.M.Singhvi, introduced the case and placated that "everything was finel" within their
individual states, introduced above their separate convictions and delivered valuable assistance to this Court in examining various facets of the
issue and made certain suggestions for formulation of guidelines by this court to decrease, if not forestall, custodial savagery and relatives of the
individuals who pass on in custody on account of torment.”

Judgement

“Relying on Nilabati Behera versus State of Orrisa (1993), the court stated that any type of torture or cruel, inhuman or degrading treatments
falls within the ambit of article 21, regardless of whether it happens during investigation, interrogation or something else.” The rights guaranteed
by article 21 cannot be denied to undertrials, convicts, detenus and different detainees in custody, besides according to the procedure established
by law by placing such reasonable limitations on the privilege as are allowed by law. 9

“Even after laying down procedural necessities in Joginder Kumar versus State of U.P., it has been seen that the police arrested an individual
without warrant regarding the investigation of an offense and the arrested individual has been exposed to torture to extract information or a
confession.”

“Accordingly court issued a rundown of 12 guidelines in addition to the Constitutional and statutory safeguards which are to be continued in all
cases of arrest and confinement. The guidelines are as per the following:

1) The police officer who caused the arrest should bear accurate visible and clear identification and name tags with their designation.
2) “That the police officer completing the arrest of the arrestee will set up a memo of arrest at the time of arrest a such memo will be
attested by atleast one witness. who might be either an individual from the family of the arrestee or a good individual of the locality from
where the arrest is made. It will likewise be counter signed by the arrestee and will contain the time and date of arrest.”10
3) “An individual who has been arrested or detained and is being held in custody in a police station or interrogation focus or other lock-up,
will be qualified for have one companion or relative or other individual known to him or having interest in his government assistance

9
https://www.thehindu.com/

10
https://www.casemine.com

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 being educated, when practicable, that he has been arrested and is being detained at the specific spot, except if the attesting witness of the
memo of arrest is himself such a companion or a relative of the arrestee.”
4) “The time, spot of arrest and scene of custody of an arrestee should be informed by the police where the following companion or relative
of the arrestee lives outside the district or town through the legal Aid Organization in the District and the police station of the zone
concerned telegraphically inside a time of 8 to 12 hours after the arrest.”
5) “The individual arrested should be made aware of this right to have somebody informed of his arrest or detention as soon he is put under
arrest or is detained.”
6) “An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of he
next friend of the person who has been informed of the arrest the names and particulars of the police officials in whose custody the
arrestee is.”
7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on
his/her body, must be recorded at that time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting
the arrest and its copy provided to the arrestee.
8) “The arrestee should be subjected to medical examination by trained doctor every 48 hours during his detention in custody by a doctor on
the panel of approved doctors appointed by Director, Health Services of the concerned Stare or Union Territory. Director, Health
Services should prepare such a penal for all Tehsils and Districts as well.”
9) “Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record.”
10) “The accused must be permitted to meet his lawyer although not throughout the investigation.”
11) ) “A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of
custody of the arrestee shall be communicated by the officer causing the arrest, within
12) Hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.”

Conclusion
India’s criminal justice administration system is not perfect .it is as flawed as any other country. Most of the maladies of the system primarily
originate for the accusational philosophy of justice which is the institutional milieu of a developing society can afford in the present context of
democracy. Lack of transparency, pendency of cases, cumbersome procedure, lack of co-ordination and systematic approach, corruption, lack of
awareness among individuals has riddled the system with many maladies. While the above-mentioned cases has alleviated the condition and we
hope that such judgements will be passed in the future.

BIBLIOGRAPHY

Books:

1. The Criminal law by S.N.Mishra

2. Criminal Procedure by R.V. Kelkar
3. A Textbook on the Indian Penal Code by K.D. Gaur

Websites:

1. https://www.criminaldefenselawyer.com
2. https://www.thehindu.com/
3. https://www.blog.ipleaders.in
4. https://www.indiankanoon.org
5. https://www.casemine.com
6. Blog.ipleaders.in

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