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The Criminal Practice & Justice System in India

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The Criminal Practice & Justice System in India
Research Methodology: THE CRIMINAL PRACTICE & JUSTICE SYSTEM IN INDIA

THE CRIMINAL PRACTICE & JUSTICE SYSTEM IN INDIA

CONTENTS

Introduction and organisational context
The Department
The history of Bombay High Court
The History of Supreme court New Delhi

The Department’s of Indin Criminal law
3.1. The Indian Penal Code
3.2. The Code of Criminal Procedure(CrPC) in India.
3.3. The Indian Evidence Act.

The debate issues in bombay high court - case laws

Aim, objectives and outputs
1.AIM - Murder; sec 300 to sec 307
2.Objectives - Bail; sec 436 to sec 450 2.1. Bailable offence 2.2. Non-bailable offence

Literature Review
3.1.Successes of Practice in Criminal Justice system.
3.2. The Failures of Practice in criminal Justice in India.
3.3 Malimath Committee recommendations
3.4 LAW, COURTS AND THE CONSTITUTION

3.5 SOURCES OF LAW

.
Research methodology

Research method
The Criminal Justice System; The Way forward and Reform

Bibliography
(1)Introduction and organisational context
1. The department
The constitution of India in its current form consists of a preamble, 22 parts containing 395 articles, 12 schedules, 2 appendices and 94 amendments to date. Although it is federal in nature with strong unitary bias, in case of emergencies it take unitary structure.

India has one of the oldest legal system in the world. Its law and jurisprudence stretches back in to the centuries, forming a living tradition which has grown and evolved with the lives of its diverse people. The judical system of India dates back to the time immemorial but its written history starts with the 'Artha Sastra' of Kautilya. But the modern judicial system in india laid its foundation stone with the beginning of the british rule in india. The present judicial system in India is relatively independent and its legal system in based on English common law. The judiicial concepts and procedures in India resemble thoes of Anglo-Saxon countries. The supreme



Bibliography: Criminal Justice India Series (2002),Allied Publishers, New Delhi. Constitution of India, (2005), Allahabad Law Agency, Allahabad, India Criminal Procedure Code, (1974), Ministry of Law and Home Affairs, Government of India, New Delhi. Epp, Chrles. 1998. The Rights Revolution; Lawers, Activists and Supreme Court in Comparative Perspective, Chicago; University of Chicago Press. Gandhi, B.M.(1996), Indian Penal Code, Eastern Nagpur. Gaur, K.D. (1998), A Text Book on the Indian Penal Code, Universal, Delhi. Indian Penal Code,(1993), Ministry of Law and Home Affairs, Government of India. New Delhi. Mukherjee, Dr. A.P. (2004), Police and the criminal Justice System in India, Dialogue July-September, 2004, Volume 6 No.1. Malimath Committee (2003) Report on Reforms of the Criminal Justice System, the Ministry of Home Affairs, Government of India, New Delhi. Pillai, P.S. Achuthan. (1995), Criminal Law,Eastern Lucknow. Sathe, S.P.(2002), Judicial Activism in India: Transgressing Borders and Enforcing Limits, oxford University Press, New Delhi. Shankar Gopalkrishnan (2003), Recommendations of the Malimath Committee on reforms of the Criminal Justice System, PUCL May,2003. Ratanlal-Dhirajlal,(1993), The Law of Evidence, 19th Edition , Wadhwa & Co, Nagpur. Ratanlal-dhirajlal,(1993), Indian Penal Code, 28th Edition, Wadhwa & Co, Nagpur. Rao Venugopal. (1991), Criminal Justice, Konark Publishers, Pvt. Ltd.,New Delhi. Raghavan R.K.(2006), World Factbook of Criminal Justice System, in the following webpage, http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjind.txt(accessed date 18/04/2006).

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