Principles of

Criminal Litigation
 Introduction
• The fundamental purpose of criminal law and criminal justice system is
to control crime, punish the offenders, prevent crimes, protect
innocents, and to maintain a fair degree of cohesion and stability in
society. While criminal law is broadly seen as a tool of social control,
criminal justice system is an institutional framework to enforce
criminal laws. In general, criminal law refers to the following points:
substantive norms for defining crime as well as prescribing
punishment for offences; general principles upon which norms and
practices of criminal law develop; rules of evidence and procedures
through which criminal laws are applied.
• The goals and purposes of the criminal justice system are often
articulated in two predominant but competing models-‘due process
model’ and ‘crime control model’-which should also be highlighted
in order to have an in-depth understanding of the issues in hand. 1
The ‘Due process model’ puts emphasis on the right of the
individuals in the process of criminal adjudication, while the ‘Crime
Control model’ sees the regulation of criminal conduct as the most
important function of the judicial system. Thus, these models
represent two separate value system in the operation of the criminal
process- the protection of individual liberty in criminal proceedings
and the goal of efficient and expedient enforcement of criminal law.
Innocence of the Accused/Presumption of Innocence
•In a criminal case, the
complainant/prosecution is to prove the
charge against the accused. The accused is
entitled to take any plea he likes, even
inconsistent pleas may be taken.
 Defence taken by the accused

In a criminal case, the accused may take any

plea as defence. If the accused takes the plea
of any general exceptions as contained in
chapter IV of the Penal Code.
•A charge against an accused, in order to convict
him, must be proved beyond any reasonable
doubt. If any reasonable doubt is created as to
the involvement of the accuse in the offence
alleged, he will be entitled to get the benefit of
doubt and shall be acquitted.
Mens rea or
motive
• Another principle is that the prosecution shall prove
that the accused had the mens rea or a motive for
commission of the offence. However, in the latest
decisions of the superior courts, it has been held that
when an occurrence is proved and involvement of the
accused is proved by eye-witnesses, there is no
necessity of proving the motive.