Stages & Growth Of Administration of Justice


I. Stage – Primitive Society

 

1. In a primitive Society, private violence and violent self-help were used to settle disputes. It was barbaric method of settling disputes.

2. The principle – “might is right” prevailed at that time.

3. A person who suffered any injury or wrong, used to redress the same by taking revenge against his enemy. For that purpose, he had to depend upon his friends and Kinsmen. On account of such circumstances which prevailed then, people formed groups for their own defence, land and security.

4. The circumstances which then existed were extremely bad. There was no security of life and property.

5. The conditions were so hopeless that there was no guarantee of a criminal being punished and, if at all punished, he would be punished in proportion to his crime.

6. In fact, what was a common feature in those days was that one crime was followed by another crime and the chain of crimes continued.

II. Stage

1.In the second stage of Administration of Justice, a man was not allowed to take life for an eye or for tooth.

2.State legalized and enforced the concept of “a tooth for tooth”, “eye for an eye” and “a life for life”.

III. Stage

1. Indian Justice Delivery System is presently in the third stage of admonition of justice.

2. Now the State can no longer act as a silent spectator or just a regulator of private vengeance. In a civilized Society, there should be a sound system of Administration of Justice which would impart Administration of Justice in a real sense. Wrong-doers and offenders must always be properly dealt with so that the law-abiding people are given due protection.

3. To-day the State conducts the enquiry or investigation into the criminal acts or other wrongful acts and determines the liability and administers justice.

4. There are provisions of law which enable the parties to go in appeal.

5. In respect of criminal justice even if the victim happens to be an individual, his act is treated as an offence against the Society at large. Therefore, the entire Society or community is concerned with such an act. It is necessary that the Society should be protected from wrong-doers and offenders.

6. Barring a few cases, prosecution is instituted and conducted by the State against the person concerned. Thus, ultimately, punishment is inflicted on the wrong-doer or offender by or in the name of the State.

ADMINISTRATION OF JUSTICE IN REALITY

1. It is not a news that some of the police and politicians are united with the offenders instead of supporting the helpless victims. However, it is a shocking news that some Courts of law in the subordinate judiciary would turn a blind eye towards their interference in the administration of justice.

2. Dishonest Police officers ordinarily do not register a criminal complaint against the influential offenders either for unlawful consideration or due to political interference. However, even if they happened to register a criminal case against them out of compulsion, they would see to it that the offenders would go scot-free either on technical grounds or on ground of benefit of doubt. Therefore, the victims have to rely upon only the mercy of the Almighty God.1.It is not a news that some of the police and politicians are united with the offenders instead of supporting the helpless victims. However, it is a shocking news that some Courts of law in the subordinate judiciary would turn a blind eye towards their interference in the administration of justice.

3. The dishonest police, disloyal politicians and corrupt judicial officers are the most terrific and dangerous persons than the frustrated people who take retaliatory measures to secure justice out of disappointment in the Justice Delivery System.

4. I regret that the broad minded, honest and selfless Politicians, Judicial as well as Police Officers who are praise worthy are not recognized by our countrymen. I always salute them for their contribution towards the progress of our country in many respects, including the administration of criminal justice.

PRINCIPLE OF "MIGHT IS RIGHT"

1. Administration of criminal justice is presently at the mercy of the State.

2. Bureaucracy, especially Police Department is not free from political interference.

3. In spite of existence of provisions of laws, Courts of justice, Democratic Governments and other Institutions in India, it is very sad to observe that the influential persons are allowed to follow the principle of “might is right” under the guise of the principle of “Rule of Law”.

RELEVENT QUOTE:

“THE LAWS GRIND THE POOR AND RICH MEN RULE THE LAW” – GOLDSMITH.



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