lOMoARcPSD|33322891

A
PROJECT REPORT
ON
“ARNESH KUMAR v. STATE OF BIHAR & Anr.”
AIR (2014)8 SCC 273

FOR SUBJECT OF ‘CODE OF CRIMINAL PROCEDURE”

FIFTH SEMESTER B.A. LL.B. PROJECT WORK

PANJAB UNIVERSITY

UNIVERSITY INSTITUTE OF LEGAL STUDIES

SUBMITTED TO: SUBMITTED BY:

SANJEEV KUMAR JYOTI
PROFESSOR 3RD YEAR (5 SEMESTER)
TH

UILS, PANJAB UNIVERSITY B.A. LL.B.

SECTION-B
ROLL NO. 80/21
 ACKNOWLEDGEMENT
I express my sincere thanks to Sanjeev Sir, my Alternative
Dispute Resolution subject teacher who guided me throughout
the project. I am thankful for the aspiring guidance, constructive
criticism and friendly advice during my project work. I am
sincerely grateful to her for sharing the truthful and illuminating
views on a number of issues related to any problem of my project.
My project has been successfully completed only because of her
guidance.

JYOTI
B.A. LL.B.
3rd YEAR (5 SEMESTER)
th

SECTION B
ROLL NO. 80/21
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TABLE OF CONTENTS
S.NO. TOPIC PAGE
1. Introduction 04

2. Fcats of the case 05

3. Issues raised 06

4. Legal Provisions addressed 06

5. Judgement 07

6. Arnesh Kumar Guidelines 08-09

7. Section 498A of Indian Penal Code 09

8. Bibliography 10

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CHAPTER 1: INTRODUCTION

Lok Adalat, also known as "People's Court" is an alternative dispute resolution mechanism in
India. It is a form of informal and decentralized justice delivery system that aims to provide a
speedy, inexpensive and amicable settlement of disputes outside the formal judicial system.
Lok Adalats were established in India in 1987 under the Legal Services Authorities Act, 1987.
Lok Adalats are usually presided over by a retired judge, social activists, or a lawyer. The
Lok Adalat can take up cases that are pending in regular courts as well as pre-litigation cases.
The cases referred to Lok Adalat can be civil or criminal in nature, including matrimonial
disputes, motor accident claims, cheque bouncing cases, and other such disputes.

The idea of Lok-Adalat was mainly advocated by Justice P.N. Bhagwati, a former Chief
Justice of India. Lok Adalats, also known as people's courts, are a form of Alternative
Dispute Resolution (ADR) mechanism in India1. They were established by the Legal Services
Authorities Act, 1987, to provide a speedy and cost-effective resolution of disputes,
especially for those belonging to economically weaker sections of society. Lok Adalats
encourage the parties to settle the dispute through negotiation, conciliation, and compromise.
The decision of the Lok Adalat is final and binding on the parties, and it has the same legal
validity as a decree of a court2. The Lok Adalat also has the power to award compensation or
settlement to the parties involved in the dispute.

The Lok Adalat is a significant step towards providing access to justice for all and reducing
the burden on the traditional court system. It is a simple and effective way of resolving
disputes and is gaining popularity in India.

1
National Legal Services Authority: https://nalsa.gov.in/
2 The Legal Services Authorities Act, 1987: https://indiacode.nic.in/handle/123456789/1454

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LOK-ADALAT IN INDIA

Lok Adalat, meaning "people's court" in Hindi, is a form of alternative dispute resolution
system in India. It was first introduced in India in 1982 as a part of the Legal Services
Authorities Act, 19873. The concept of Lok Adalat is based on the principles of restorative
justice, where the parties to a dispute come together to resolve their issues with the help of a
neutral third party or panel of experts. The Lok Adalat system aims to provide a speedy and
inexpensive resolution to disputes, particularly those involving small claims and family
matters.

The first Lok Adalat was held in Gujarat in 1982, and the success of the initiative led to its
adoption by other states. In 1987, the Legal Services Authorities Act was enacted, which
provided a statutory basis for the establishment of Lok Adalats in India. The Act also created
the National Legal Services Authority and state-level Legal Services Authorities to promote
and organize Lok Adalats across the country. Over the years, Lok Adalats have become an
important part of the Indian legal system. They are now held regularly in various courts and
tribunals across the country, including the Supreme Court of India. The Lok Adalat system
has helped to reduce the backlog of cases in the Indian courts and has provided access to
justice for many who may not have been able to afford traditional legal proceedings4.

In addition to resolving disputes through mediation and conciliation, Lok Adalats have also been
used to promote legal awareness and education. They have been instrumental in increasing
awareness among the public about their legal rights and in promoting legal literacy.

Overall, Lok Adalat has been a successful and popular initiative in India, providing an
efficient and accessible means of dispute resolution for the people of India.

3"Lok Adalats - A Viable Alternative Dispute Resolution Mechanism" by Abhishikta Mukherjee and Gaurav
Kumar Singh. International Journal of Advanced Research in Management and Social Sciences, vol. 8, no. 10,
2019, pp. 154-163. https://www.researchgate.net/publication/330630566_Lok_Adalats_-
4"Lok Adalat: A Study on Its Working and Effectiveness in Resolving Disputes" by Shubhada Apte.
International Journal of Legal Sciences and Research, vol. 5, no. 3, 2019, pp. 105-117.
https://www.ijlsi.com/docs/Volume%205/Issue%203/ijlsi-20197032106.pdf

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SCOPE AND LIMITATION OF LOKADALAT

The scope of Lok Adalat is quite broad, and it can be used to resolve a wide range of disputes.
Here are some examples:

1. Civil disputes: Lok Adalat can be used to resolve civil disputes, such as property
disputes, partition suits, and recovery of money.
2. Criminal cases: Lok Adalat can be used to resolve criminal cases that are
compoundable, i.e., cases in which the victim and the accused can reach a settlement.
3. Family disputes: Lok Adalat can be used to resolve family disputes, such as divorce,
maintenance, and child custody.
4. Motor Accident Claims: Lok Adalat can be used to resolve motor accident claims,
where the parties involved can reach a settlement5.

Despite its broad scope, Lok Adalat has some limitations:

1. Limited jurisdiction: Lok Adalat has limited jurisdiction and cannot be used to resolve
cases that are not covered under its scope, such as cases involving complex legal issues.

2. Resistance from lawyers and litigants: Lawyers and litigants may resist the use of
Lok Adalat because it does not provide the same level of legal recourse as the
traditional judicial system.
3. Inadequate training of Lok Adalat members: Lok Adalat members may lack the
necessary training to handle complex disputes and may not have the same level of
expertise as judges in the traditional judicial system6.
4. Difficulty in enforcing the settlement: Even if the parties reach a settlement in Lok
Adalat, there may be difficulties in enforcing the settlement if one of the parties does
not comply.

Despite these limitations, Lok Adalat remains an important mechanism for dispute resolution
in India due to its speed, cost-effectiveness, and informal approach.

5Role of Lok Adalats in Access to Justice, Indian Bar Review, Vol. 40, Issue 1, January-March 2013:
https://www.indianbarassociation.org/wp-content/uploads/2016/10/Role-of-Lok-Adalats-in-Access-to-
Justice.pdf

6 The Role of Lok Adalats in Achieving Justice, Indian Bar Review, Vol. 38, Issue 4, October-December 2011:
https://www.indianbarassociation.org/wp-content/uploads/2016/10/The-Role-of-Lok-Adalats-in-Achieving-
Justice.pdf

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JURISDICTION OF LOK-ADALAT

A Lok Adalat, also known as a People's Court, is a forum for alternative dispute resolution in
India. Its jurisdiction extends to civil disputes and certain criminal cases, primarily those that
are compoundable offenses. In civil disputes, Lok Adalats can hear cases that are pending in
regular courts or those that have not yet been filed. They have the power to settle disputes
through conciliation or compromise, and their decisions are binding on the parties involved.
The Lok Adalat can also issue an award, which is a written agreement between the parties to
abide by the settlement reached7.

The jurisdiction of a Lok Adalat in dispute resolution is limited to cases where both parties
agree to participate in the process voluntarily. The Lok Adalat cannot hear cases where the
parties are not willing to participate or where the dispute is not capable of being settled
through compromise or conciliation.

TYPES OF CASES AT LOK-ADALAT

The following are the types of cases that can be referred to Lok Adalats:

1. Civil Cases: Lok Adalats have jurisdiction over all civil cases, including disputes
relating to property, contract, and commercial matters.
2. Criminal Cases: Lok Adalats can take up criminal cases which are compoundable in
nature, i.e., those cases where the parties can reach a compromise.
3. Matrimonial Cases: Lok Adalats also have jurisdiction over matrimonial disputes,
including divorce, custody of children, and maintenance8.
4. Motor Accident Claims: Lok Adalats can take up motor accident claims cases,
including claims for compensation for personal injury or property damage.
5. Revenue Cases: Lok Adalats also have jurisdiction over revenue cases, including
disputes related to land acquisition and compensation. It is important to note that the

7 "Lok Adalats in India: A Step towards Accessible Justice" by Arpan Banerjee and Anupama Roy. International
Journal of Legal Studies and Research, vol. 3, no. 3, 2017, pp. 60-64.
https://www.researchgate.net/publication/318595555_Lok_Adalats_in_India_A_Step_towards_Accessible_Justi ce

8The Role of Lok Adalats in Achieving Justice, Indian Bar Review, Vol. 38, Issue 4, October-December 2011:
https://www.indianbarassociation.org/wp-content/uploads/2016/10/The-Role-of-Lok-Adalats-in-Achieving-
Justice.pdf

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jurisdiction of the Lok Adalat is limited to cases where the parties agree to settle the dispute
through this mechanism. The Lok Adalat's decision is final and binding on the parties, and
there is no provision for appeal9.

DEGREES AND COMPOSITION OF LOK-ADALAT

As per the Legal Services Authorities Act, 1987, Lok Adalats can be constituted at the national,
state, district, and taluka levels. The composition of Lok Adalat varies based on its level.

National Lok Adalat: A sitting or retired judge of the Supreme Court or a sitting or retired
High Court judge as its Chairman Other members are nominated by the Central Government,
including eminent personalities in the field of law, social work, and public administration.

State Lok Adalat: A sitting or retired High Court judge as its Chairman other members are
nominated by the State Government, including eminent personalities in the field of law,
social work, and public administration.

District Lok Adalat: A serving or retired judicial officer, such as District Judge, as its
Chairman other members are nominated by the District Legal Services Authority, including
social workers and advocates.

Taluka Lok Adalat: A serving or retired judicial officer, such as a Civil Judge (Senior
Division), as its Chairman other members are nominated by the Taluka Legal Services
Committee, including social workers and advocates.

The degree requirements to become a member of a Lok Adalat vary depending on the level.
However, in general, members should have a good understanding of the law, experience in
alternative dispute resolution, and a commitment to resolving disputes in an amicable manner10.

9"Lok Adalat: The Indian Experience" by S.P. Sathe. The American Journal of Comparative Law, vol. 43, no. 1,
1995, pp. 91-120. https://www.jstor.org/stable/4395081

10
"Lok Adalat: A Study on Its Working and Effectiveness in Resolving Disputes" by Shubhada Apte.
International Journal of Legal Sciences and Research, vol. 5, no. 3, 2019, pp. 105-117.
https://www.ijlsi.com/docs/Volume%205/Issue%203/ijlsi-20197032106.pdf

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PROCEDURE AT LOK-ADALAT

Lok Adalat is an alternative dispute resolution mechanism in India. It is a forum where disputes
are resolved through conciliation and compromise. The procedure at Lok Adalat is as follows:

1. Filing of petition: The parties file a petition before the Lok Adalat, requesting that their
dispute be settled through conciliation.

2. Selection of cases: The Lok Adalat selects the cases that are suitable for resolution
through conciliation. Generally, cases that are of a civil nature, compoundable, and not
pending before a court of law are selected.

3. Summons: The Lok Adalat issues summons to the parties, directing them to appear
before it on a specified date.

4. Hearing: The Lok Adalat hears the parties and attempts to resolve the dispute through
conciliation. The parties are given an opportunity to present their case and discuss the
matter with each other.

5. Settlement: If the parties reach a settlement through conciliation, the terms of the
settlement are recorded in writing and signed by the parties. The settlement is then
binding and enforceable as a decree of a court of law.

6. Failure to reach a settlement: If the parties are unable to reach a settlement through
conciliation, the matter is referred back to the court of law where it was pending.

Overall, the procedure at Lok Adalat is designed to be simple and expeditious, with a focus
on resolving disputes through conciliation and compromise11.

11 "Lok Adalats: An Appraisal of Their Functioning" by Anil K. Rai. The Indian Journal of Political
Science, vol. 62, no. 1, 2001, pp. 81-96. https://www.jstor.org/stable/4414910

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AWARD OF LOK-ADALAT

Section 21 of the legal services authorities act 198712 discuses about the awards given by
Lok Adalat are decisions made by the members of the panel, which are binding on the parties
involved in the dispute.

When a case is referred to the Lok Adalat, the parties involved have the option to settle the
matter through negotiation or mediation. If a settlement is reached, the Lok Adalat records
the agreement, and it becomes binding on the parties as a decree of the court. This process is
faster, less formal, and less expensive than traditional court proceedings.

The award of Lok Adalat is therefore the decision or settlement made by the Lok Adalat
panel members, and it carries the same legal force as a court judgment. These awards are
final and cannot be challenged in a court of law.

POWERS OF LOK ADALAT

Section 22 of legal services authorities act of 198713 given the powers of Lok Adalat its says
that Lok Adalat have same powers as are given with the civil court under the code of civil
procedure,1908.

Here are some of the powers of Lok Adalats in India:

1. The Lok Adalat can resolve both civil and criminal cases, including compoundable
offenses.
2. The decision of the Lok Adalat is final and binding on the parties to the dispute.
3. The Lok Adalat can settle the disputes through conciliation or compromise between
the parties involved.
4. The Lok Adalat has the power to pass an award, which is deemed to be a decree of a
civil court.
5. The Lok Adalat can reduce the sentence of a convicted person in a criminal case,
provided both the victim and the offender agree to it.
6. The Lok Adalat can order the payment of compensation or damages to the victim of a
crime or a civil wrong.

12
Section 21 of legal services authorities act 1987
13 Section 22 of legal services authorities act 1987

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7. The Lok Adalat can issue directions for the performance of a specific act or cessation
of a specific act14.

All proceedings that take place before Lok Adalat are to be regarded as judicial proceedings
as per Sections 193, 219 and 228 of the Indian Penal Code, 1860 and Lok Adalat are same as
civil court. Every award that is passed by the Lok Adalat is to be deemed as a decree of a
civil court or other courts and binds the parties to the dispute.

It is important to note that the decisions of the Lok Adalat are based on mutual agreement
and voluntary acceptance by the parties involved. If any party does not agree with the
decision, they can still approach the regular court for further legal action.

IMPORTANT CASES

State of Punjab & Anr. v. Jalour Singh and Ors. (2008) 2 SCC 660 15

Supreme court held that “Award” of the Lok Adalat does not mean any independent
verdict or opinion arrived at by any decision making process. The making of the award is
merely an administrative act of incorporating the terms of settlement or compromise agreed
by the parties in the presence of the Lok Adalat, in the form of an executable order under the
signature and seal of the Lok Adalat.

Abul Hassan v. Delhi Vidyut Board & Ors. on 15 January, 1999 16

Delhi High Court emphasized on the idea of establishing Permanent Lok Adalat and
observed that there is a serious problem of overcrowding of cases.

High court Bench further said that, “Seekers of justice are in millions and it is becoming rather
difficult for the Courts to cope up with the ever increasing cases with the present infrastructure
and manpower. There is need for decentralization of justice. Permanent and Continuous Lok
Adalats should re-established with the object not only to reduce the pendency in Courts but
also to achieve the end of Article 39A and the object of Act, 1987”.

14"Role and Significance of Lok Adalat in Access to Justice" by Rajesh Kumar Yadav and Ajay Kumar Tripathi,
published in Indian Journal of Public Health Research and Development (2019).

15(2008)2 SCC 660

16
Abdul Hassan v. Delhi Vidyut Board, AIR 1999 DEL 88

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Bench stated that, “Besides, a solitary appearance of parties before a Lok Adalat which is

organized for a day or two may not be adequate for arriving at a compromise or settlement.
The need of the hour is frantically beckoning for setting up Lok Adalats on permanent and
continuous basis”.

The High Court has ordered the establishment of Permanent Lok Adalats in several
government departments and organizations in Delhi, including the Delhi Vidyut Board,
Municipal Corporation of Delhi, New Delhi Municipal Committee, Delhi Development
Authority, Mahanagar Telephone Nigam Limited, General Insurance of India, and other
government departments. This is to ensure the speedy resolution of all types of cases,
particularly those involving the State and its instrumentalities, which have the highest
number of cases filed against them in various courts.

Bench concluded by stating that, “There should also be one or more Permanent Lok Adalats,
depending upon the magnitude of the work, for resolving the disputes between (1) the citizens
and the Government of India, and (2) the Government of India and its employees”.

After this, Parliament amended Legal Services Authorities Act, 1987 in 2002 and introduced
a new chapter VIA with titled as Pre– Litigation Conciliation and Settlement.

The article describes an amendment made to establish a Permanent Lok Adalat (PLA) that
deals with matters concerning Public Utility Services. If disputes cannot be resolved through
conciliation in the PLA, they can be settled based on the merits of the case.

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CONCLUSION

Lok Adalat is an important alternative dispute resolution mechanism that provides a quick,
cost-effective, and informal approach to resolving disputes. It has several advantages over the
traditional judicial system, including its speedy resolution of disputes, cost-effectiveness,
informal approach, high success rate, reduction of burden on the judicial system, and
confidentiality17.

However, there are also some challenges associated with Lok Adalat, including its limited
scope, lack of awareness, limited enforcement mechanism, inadequate training, overburdened
system, and limited jurisdiction. These challenges need to be addressed to ensure that Lok
Adalat can effectively resolve disputes and provide access to justice for all.

Despite its challenges, Lok Adalat remains an important tool in ensuring access to justice and
resolving disputes in a timely and cost-effective manner. It is a valuable alternative to the
traditional judicial system and should be promoted and supported by the government, legal
community, and civil society to enhance its effectiveness and efficiency.

17 Lok Adalat: A Step Towards Accessible Justice, Indian Journal of Socio-Legal Studies, Vol. 3, Issue
3, July-September 2017: http://ijls.in/wp-content/uploads/2017/12/IJLS-18.pdf

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BIBLIOGRAPHY
 The Legal Services Authorities Act, 1987:
https://indiacode.nic.in/handle/123456789/1454
 National Legal Services Authority: https://nalsa.gov.in/

 "Lok Adalats - A Viable Alternative Dispute Resolution Mechanism" by

Abhishikta Mukherjee and Gaurav Kumar Singh:
https://www.researchgate.net/publication/330630566_Lok_Adalats_-
_A_Viable_Alternative_Dispute_Resolution_Mechanism
 "Lok Adalat: A Study on Its Working and Effectiveness in Resolving Disputes" by
o Shubhada Apte:
https://www.ijlsi.com/docs/Volume%205/Issue%203/ijlsi-
20197032106.pdf

 "Lok Adalat: The Indian Experience" by S.P. Sathe:

https://www.jstor.org/stable/4395081

 "Lok Adalats: An Appraisal of Their Functioning" by Anil K. Rai:

https://www.jstor.org/stable/4414910

 "Lok Adalats in India: A Step towards Accessible Justice" by Arpan Banerjee and
Anupama Roy:
https://www.researchgate.net/publication/318595555_Lok_Adalats_in_India_A_Step
towards_Accessible_Justice

14