摘要:本文是一篇印度宪法中审查刑事法律制度的法律留学生论文,印度宪法保证公平对待所有印度公民都能够获得同等的生命权和人身自由。法治的设想是所有的人在法律面前一律平等,享有同等权利,但遗憾的是不能享受平等执法的权利,这必须通过法院和司法程序特别是在刑事系统是非常复杂而昂贵的,从而把普通人拉开一定距离。
tions 378, 380 and 381 i.e. theft with respect to, in dwelling, or by servant
Sections 405, 408 and 409 IPC that is criminal breach of trust, by clerk servant, by banker merchant or agent.
Section 499 IPC i.e. defamation
Section 509 and 510 i.e. act intended to insult modesty of women & misconduct in public by a drunken person.
OBJECTIVES OF STUDY
Since the current criminal justice system is a gift of the colonial era and is being followed since time immemorial the procedure for dispensation of most of the crimes cannot be changed and bought under the purview of ADR techniques and moreover the point that the whole system cannot be changed as it would prove to be cumbersome and complex. However in contrast there also exist certain situations and issues which can be dealt and solved via the means of ADR techniques hence,
The researcher sought to examine and analyse:-
The evolution of ADR techniques, its legal position in India and statues dealing with it and to study the recent developing ADR techniques like V.o.m (victim offender mediation) and F.G.C (family group conferencing) etc which have not been introduced in our country yet.
The working and functioning of the present criminal justice system in India and how as to the procedure for trail and investigation are carried out with respect to the scope of the
dissertation.
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The drawbacks which exist in our criminal justice system and the legitimate need and expediency for introducing ADR techniques in the criminal justice system.
The various areas where effectiveness of functioning can be improved by bringing in ADR techniques in the current criminal system.
The ADR techniques are most suited to our system and which ADR techniques cannot be used for accessing criminal justice.
Whether introduction of such techniques will solve the problems of the current adversarial criminal system and also cause the reposition of trust back in the criminal justice system.
Further the researcher shall attempt to give practical suggestions on the basis of research which he believes to be germane for improved operation of criminal justice system to protect without necessarily changing the whole infrastructure.
Research methodology
The researcher proposes to utilize part-doctrinal and part empirical method to compile the research undertaken. Aid will be sought from relevant international law journals, books, statutes governing this field prevailing in different nations, precedents and reports of various expert committees / commissions to conduct the in-depth study in the proposed field of research.
Empirical research is proposed to be conducted from a sample of forty interviewees largely from the legal fraternity-lawyers and judges, professors and lectures, teachers and law students having knowledge of the research field and members of the criminal administration system, personally and telephonically, with a view to seek opinion upon the prevailing policy and framework of the current criminal justice system and how introduction of ADR techniques would prove to be. The suggestions and recommendations formulated by the researcher are intended to be duly put before the interviewees with an objective to elicit their opinion on the viability of such changes to th
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