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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 10, 20242024-05-10T15:41:08+05:30 2024-05-10T15:41:08+05:30In: Social Work and Criminal Justice System

Trace the historical evolution of criminal justice system in India.

Trace the historical evolution of criminal justice system in India.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-10T15:42:14+05:30Added an answer on May 10, 2024 at 3:42 pm

      The historical evolution of the criminal justice system in India reflects the country's socio-political changes, legal developments, and cultural influences over the centuries. From ancient times to the present day, India's approach to criminal justice has evolved through various stages, influenced by indigenous practices, colonial rule, and post-independence reforms. Let's trace this evolution through key historical periods:

      Ancient and Medieval Periods:

      1. Indigenous Legal Systems: In ancient India, indigenous legal systems such as Dharmashastra and Manusmriti provided guidelines for administering justice, including criminal matters. These texts prescribed punishments for offenses based on societal norms, caste hierarchy, and religious principles.
      2. Kingdoms and Empires: During the medieval period, various kingdoms and empires in India, such as the Mauryas, Guptas, and Mughals, developed their own systems of justice and law enforcement. Local administrators and rulers appointed judges, magistrates, and law enforcement officials to adjudicate disputes and maintain order.

      Colonial Rule:

      1. British East India Company: With the advent of British colonial rule in the 17th century, India's legal system underwent significant transformation. The British East India Company introduced English common law principles, codified statutes, and established colonial courts to administer justice.
      2. Regulation and Codification: The British colonial administration enacted various regulations and codified laws to govern criminal offenses, such as the Indian Penal Code (IPC) in 1860 and the Code of Criminal Procedure (CrPC) in 1861. These legal instruments standardized criminal offenses, procedures, and punishments across the Indian subcontinent.
      3. Adversarial System: The British colonial legal system adopted an adversarial approach to criminal justice, emphasizing the role of prosecutors, defense lawyers, and impartial judges in adjudicating criminal cases. Trials were conducted in open courts, with an emphasis on evidence, cross-examination, and legal representation for accused persons.

      Post-Independence Period:

      1. Constitutional Framework: Following India's independence in 1947, the newly formed republic adopted a democratic constitution that enshrined fundamental rights, due process, and the rule of law. The Constitution of India established a federal system of governance, with separate legislative, executive, and judicial branches at the central and state levels.
      2. Legal Reforms: Post-independence India witnessed significant legal reforms aimed at modernizing the criminal justice system and promoting social justice. Reforms included amendments to existing laws, the establishment of specialized courts, and the introduction of alternative dispute resolution mechanisms.
      3. Judicial Activism: India's judiciary, particularly the Supreme Court, played a pivotal role in shaping criminal justice through judicial activism and landmark judgments. The judiciary asserted its independence, safeguarded constitutional rights, and issued directives to improve the administration of justice, protect human rights, and combat corruption and impunity.

      Contemporary Period:

      1. Technological Advancements: In recent decades, advancements in technology have transformed various aspects of the criminal justice system, including investigation, forensic analysis, and court proceedings. Digital technologies, such as e-filing, video conferencing, and electronic evidence management, have enhanced efficiency, transparency, and accessibility in the justice system.
      2. Social Justice Movements: Civil society movements and advocacy efforts have brought attention to issues of social justice, human rights, and accountability within the criminal justice system. These movements have called for reforms to address systemic inequalities, discrimination, and injustices, particularly concerning marginalized communities and vulnerable groups.

      In summary, the historical evolution of the criminal justice system in India reflects a dynamic interplay of indigenous practices, colonial influences, legal reforms, and socio-political changes. From ancient legal codes to modern constitutional principles, India's approach to criminal justice has evolved to uphold the rule of law, protect human rights, and promote fairness and accountability in the administration of justice.

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