Jury System in India

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Jury system
And
Its relevance in India.

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Abstract
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This research article attempts to explain what exactly is jury system and the objective behind having jury trials. Also, we talk about its relevance in India and Indian judiciary. Tracing right from the period after independence when jury system prevailed in India, later when it was abolished and the present times where it is nowhere to be seen in our judiciary system, I have tried to gauge its suitability and feasibility in India and find whether the decision of abolition of jury system really a right decision or should we have jury system back incorporated in our judicial system like before. -------------------------------------------------

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Chapter - 1In order to find about the feasibility, pros and cons and relevance of jury system we first need to understand what exactly do we mean when we say jury system.According to Black’s law dictionary:“ Jury is a group of persons selected according to law and given the power to decide questions of fact and return a verdict in the case submitted to them.”This definition gives us some basic characteristics of a jury, let us examine them. * Group of people – it refers to a group of a few adult citizen picked from voter list. * Selected according law- after being selected from the voters list, a panel is formed and assigned to a courtroom where they are made to sit randomly. They are then questioned by the judge and/ or by the attorneys.Attorneys can then raise challenge for cause if they someone is felt to be unfit for jury on panel.In common law countries, both the prosecution and defense may object to a juror, this principle is known as VOIR DIRE. * Decide questions of fact and return a verdict – it may be noted that the role of jury is to listen to trial and thereby decide and reach a verdict guilty or not guilty to judge while exercising reason according to jury instructions and rules of law as informed by the judge. The penalty is then decided by the judge.Although in Russia after judicial reform of Alexander II, another option of “Guilty, but not to be punished” was given to them.The "petit jury" (or "trial jury") hears the evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing the evidence and often jury instructions from the judge, the group retires for deliberation, to consider a verdict. The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury that is unable to come to a verdict is referred to as a hung jury.Civil juries are available in theory in the United States and Canada in almost all cases where the only remedy sought is money damages, although in practice...
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