COMPARATIVE CRIMINAL JUSTICE SYSTEM

The concept of the Comparative Criminal Justice was originated in 1800s in the
17th century Comparatives Criminal Justice System it is the study of the ways to
keep the crime control system. It evaluates and investigates the national system
of justice. It studies the criminal law and justice system in the other countries. It
studies the other countries culture and pattern of the society, while studying the
nations criminal system we also get to study who the enforcement agencies work
including the police, courts, and correctional institution. It means that while
studying the system its main objective is to bring control on the criminal
activities. The comparative criminal justice discusses the cause and co-relates the
crime in two or more culture and the form of crime in different countries.
Comparative criminal justice is a field of the study of criminal justice that
compares the justice system around the world. This study has descriptive,
historical or political approach
It studies the similarities and difference in structure, goal, punishment and
emphasis on rights as well as the history and political statues of different systems.
It is common to broadly categorize schemes exist.
Comporativist’s study the four different types of societies, their methods of
enforcement and their different types of punishment such as capital punishment
and imprisonment within these societies, they study different types of legal
tradition and analyses the issues they solve and create. They use their information
in order to learn effective way of enforcing law, and to identify and solve
problems that may arise within a system to its methods
Significance of comparative criminal justice
1. It studies the crime control model.
2. It gives the strength to one system.
3. Its focuses on the main target to find out the truth and justice.
4. It will help to become particular and specifics.
5. It shows the way in difficult situation.
6. It will direct the society/authority when situation beyond.
7. According to new methods and technological way, it will be helpful in all such
situation.
8. It gives the new concept for study.
9. While studying new pattern, it helps other for searching the truth.
10. It will be helpful in studying geographical, societal political structure of the
different nation.
11. It will be helpful to study the factors responsible for one crime.
12. It will be helpful how societal structure changes due to responsible factors of one
crime
13. Again, it makes clear the sources of making one law for a crime.
14. And how the source is used to make the effective law
Why one should compare the comparative criminal justice system
Three practical reasons are there for which we should compare criminal justice
1. to get to know and to improve the justice from others
2. to broaden our understanding of different cultures and their approach to the
problems and
3. to help us deal with the many transnational crime problems that are problem
worldwide today
A COMPARATIVE PERSPECTIVE ON CRIMINAL JUSTICE AND ITS
MAIN COMPONENT
a) Criminal justice and its main component in USA
b) Overview of the Indian Criminal Justice system
c) Constitution, criminal law and procedure
The justice system of the United States of America Consists of three
components
1. Law enforcement
2. The courts and
3. Corrections
Deal with offenders at different stages in their criminal history. Each component is
capable of functioning independently or in collaboration to prevent and punish
crime.
1. Law enforcement: law enforcement official is responsible for upholding the law
on the ground one part of their job is to catch people who break the law, but a
greater part is being a presence in the community patrolling the streets and
controlling crime. As such law enforcement officials must possess a good
understanding of both criminal law and citizens rights to ensure they are not
violating these rights when going about their duties. Law enforcement is not just
about policing. Patrol officer, sheriffs, detectives, federal agents, forensic
investigators, game and park ranger and campus law enforcement personnel all fall
under the banner, alongside numerous states and federal agencies that are
responsible for enforcing law
Role of law Enforcement
Responding to complaints from the public, investigating crime, collecting
evidence, asking question to the witness, arresting and detecting the suspected
offenders, liaising (communicate) with prosecutors in criminals’ investigations,
conducting patrols, maintaining public order and safety, preventing and controlling
crime in the community
2. Court systems in USA
The USA court system is a complex network of courts that employees thousands if
individuals un roles such as judges, bailiffs and other court clerk, public prosecutor
are responsible for initiating criminals proceeding against an individual, and it’s
the job of a defense attorney to represent those charge with crime in court. Jury
member are a key part of the court system. Selected from the pool of registered
voters in the court’s jurisdiction, juries are responsible for delivering a verdict on
the defendant’s guilt or innocent in certain types of crime. the court network itself
is broken in broken into municipal and trial courts, courts of appeal and the supreme
court, which is the court of last resort. Each court hears a different type of case.
traffic violation, misdemeanors and other small, non-jury crime cases are typically
heard in a municipal court in the presence of a single judge. Most criminal cases
are resolved in the state trial court. A jury may be present in these cases depending
upon the charge.
Role of court system is to determine the criminal responsibility of the defendant,
ensuring a fair trial is conducted, upholding court rule and procedure, seeking
justice and discovering the truth.
3. corrections: correction deals with criminals who have been tried and found guilty
of crime. Its role is to separate from society carry out sentences given by the courts
and make sure that convicted offenders sere their tie. This takes place within a
network of county and city jails where inmates serve sentences for misdemeanors,
as well as state and federals prison. Often offenders are given community service
or electronic monitoring instead of jail time or are granted early release from
prison. Professional within the correction system also work with these offenders
on probation or parole, helping to rehabilitate them and supervising them in the
community. The ultimate goal is to re-integrate ex-offender into society, so they
will never commit a crime again.
Role of correction:
1. supervising criminals as they serve their sentence
2. Overseeing the day-to-day routine of inmates
3. Supervising offenders through education and employment
4. Rehabilitating offender through education and employment
5. giving recommendations on sentencing and release
6. reporting the progress of detainees and probationers to the courts
Overview of the Indian Criminal Justice System
India derived its criminal justice system from the British model. There is a clear
demarcation of the role and power and function of the legislature, executive and
judiciary. The judiciary is independent and there is a free press. The penal
philosophy India has accepted the concept of prevention of crime and treatment
and rehabilitation of criminals, which have been reiterated by many judgments of
the supreme court.
Victims have no right under the criminal’s justice system, and the state undertakes
the full responsibility to prosecute and punish the offenders by treating the victims
as mere witnesses
Constitutional, criminal law and procedure
The Indian Criminal Justice System is governed by four laws:
1. The constitution of India
2. The Indian Penal Code
3. The code of criminal Procedure of India
4. The Indian Evidence Act
The legislative power is vested with the parliament and the state legislature and
the law-making function are divided into the union list, and concurrent list in
the Indian Constitution. The Union Parliament alone can make laws under the
union list and the state legislature alone can make law under the state list,
whereas both the parliament and the state legislature are empowered to make
law on the subject mentioned in the concurrent list of the constitution
Impact if comparative criminal justice on Indian Criminal Law
Impact of comparative criminal justice on the criminal law is explained below
1. The goal of comparative criminology
2. Indian judiciary system
3. Need to reform in criminal judiciary system
4. Component of the criminal judiciary system
5. Role of the court during the criminal proceeding
6. Structure of judicial system changes and reforms
 7. Conclusion

1. The goal of comparative criminology

There are several goals of comparative research in criminology. Some are
obvious application of the traditional canon of the scientific method and some are
unique to the study of crime in an international setting
Although the comparative criminology attends mainly to understanding criminal
and deviant behaviors it is manifested globally, these studies will inevitably yield
useful insights about the control of antisocial activity. With respect to the
scientific import of comparative work in criminology, a few important goals are
noted here
a. extending theories beyond culture and national boundaries: comparative
research provides an opportunity for criminological theories, which are typically
generated within the context of particular nation-states, to be given a wider
hearing
b. assessing, he performance of national criminal justice systems: another
important goal for comparative work in criminology is the assessment of national
criminal justice system. If the various institution of criminal justice i.e. police,
courts and correction are to work as a system charged with the control of criminal
behavior, there must be some way to assess their performance as an operational
unit.
c. evaluating national criminal justice policy: comparative criminology and
criminal justice also promise to yield insights into the efficacy of various policy
initiatives. For instances, are high level of gun violence in the united states
because it harbors a gun culture. Perhaps there are other countries that have a high
level of gun ownership but a low rate of gun crime. Would the legalization of
drugs lead to an epidemic of drugs use as is often argued?
D coordinating the fight against transnational crime: another response is often
provided to the question of why do comparative criminology maintains that the
globalization of crime, as expressed in the increasingly popular notion of
transnational crime, point to the need for a coordinated or transnational criminal
justice response. Here the benefit of comparative criminology extends beyond the
merely provisional and become more fully universal. Central to the prosecution
coordinated efforts is greater international understanding because the more one
knows about another people, society or culture, the greater the potential to
understand their actions and response to problem and situations.
2. Indian Judiciary
In the Indian judicial system as a long history from the pre-British days in the
years 1937, the appeal of the high court, the federal court was established. In the
18th century the uniform pattern of judiciary emerged, government focuses to
have a systematic judicial system after independence. In one since justice means
a grant of expeditious and in expensive relief to the person who approached to
the court, it is not important that justice work effectively but it is also important
that justice work effectively but is also important that it should work on time so
that the person approaches court get relief. Now a day’s administration of
criminal justice is facing serious problem. The objective of this research paper is
to render public justice, to punish criminal. The criminal trial justice does not
mean only for the accused but also for the victims and also to maintain law and
order. The court should always maintain the public faith of the people in the
administration of the justice.
3. Need to reform in the criminal judiciary system
Changes are constant in the judiciary but the criminal justice system of India is
needed to improve its system. These all are the reason of ineffective enforcement
of the law, accountability and delay in disposal of the cases, poor prison condition
and lack of trained police. These are the problem causes in the criminal justice
system.
4. component of the criminal judiciary system
a. police: Article 246 of the constitution of India Place the police, court, prison,
reformatories and public order. Police is a front line of the criminal judicial
system, which played a vital role in administration of the justice.
Accountability of the police: Indian Government is unwilling to do any changes
in colonial law instead of demanding the national police commission. Police
accountability resulted from the concern of many police maker and police
executive, these characteristics of policing organizational decentralization. Indian
police act is lacking in this aspect of accountability of the police. In India
accountability of police discusses in the tour method of work and lack of public
accountability remain unchanged, the first part describes the police system
established by the British, the second part describe the need to make the police
accountable and the last part describe the suggestion need for police reform is to
important.
Judiciary view of arbitrary arrest and illegal detention: the power of the police is
to arrest and also for the abused; this is analyzed by the case of D.K Basu Vs.
State of west Bengal in the case of the court streamlined the procedure relating to
the arrest courts reiterated the protection from arbitrary arrest is from article and
21 and of the constitution to enforced strictly.
b. judiciary: Judiciary played a vital role in the implementation of the role of law.
The most important duty of the court is to protect human rights and the to give
relief to the victim. In India criminal judiciary system gives more attention to
protect right of the individual and the court should also focus on victim as well
as the witness.
As per the Article 372 (2)(3) is the purpose of bringing the provision of any law
in accordance with the provision the constitution, president make adoption and
modification of the law where the amendment is necessary.
A. limitation on the power of the arrest i.e. the system the procedure of the
arrest is given in the article 21 and article 22 of the Indian constitution. The CRPC
confers the extensive power of the arrest by the police which is given in the
section 41, 42 and 151 of the code. Section 436A of the CRPC says the maximum
period for the trial prisoners can be detained. This section is for the human right
to arrest the person. It is fully depending on the judiciary to realize these right
B. judge should be sensitized: there is need of judges they should keep a more
proactive role in the administrative of justice. There are many judges who
themselves restrict themselves from advancing the criminal justice because of
their old styled thinking and attitude and also, they believe in justice according to
the strict interpretation of the law. Therefore, justice resides in the heart and not
in the judge’s intellect only. Criminals judiciary reforms are a matter of serious
concern which required the effective enforcement of the activeness of the judges.
C. limitation on the adjournment of the cases: in cases granting adjournment
becomes role in place of the exception, delay in disposal of the cases is major fact
of the adjournment. It is the duty of the court to ensure the early disposal of the
case.
D. power to grant the remand: Section 167 of the CRPC empowers to grant the
remand either in judicial custody or in the police custody, which should not
exceed more than fifteen days at the time. It is the duty of the magistrate to
examine the case diary and the material fact before giving an order.
E: Due care and causation in case of the bail application section 436 of the CRPC
provides the law related to the bailable offenses. The case granting of the bail. It
is the duty of the court to take proper care of the person and to decide the
application basis on the fact and there is no fast rule regarding the time of granting
bail.
 MODULE 2: COMPARAITVE POLICING
1. Police and Policing
2. Policing and crime control
a) Community policing
b) Zero tolerance policing
c) Policing corruption
3. rise of private policing
1. Police and Policing
The evolution of the police: the evolution of he police can be traced back to
ancient civilization like china, Greece, India and even in the Roman Empire. Law
enforcement in Ancient china was carried out be prefects. The notion in china has
existed for thousands of years. Prefects were the government officials appointed
by local magistrate, and these prefects usually reported to the local magistrate,
just as modern police report to the judges. Under each prefect there were sub-
prefect who helped the law enforcement agency of the area. Some prefects were
responsible for handling investigations, much like modern police detectives
collectively.
During the period of the roman empire, policing existed in the form of local watch
men, hired by the cities to provide some extra security. These watchmen were
known as vigils. Police, the body of officers representing the civil authority of
government. Police typically are responsible for maintaining public order and
safety, enforcing law and preventing, detecting and investigating criminals’
activities. These functions are known as policing. Police are often also entrusted
with various licensing and regulatory activities.
Police and their functions are very important in criminology. Because it is the
principal duty of the police to arrest criminals and conduct them until the
conclusion of the trial. Police are legally authorized to use force and other means
of coercion to execute public and social order
Basic knowledge of crime and criminology is a must for the police and that’s the
reason almost every country in the world has criminal division for police. And
police are manually trained in the knowledge of criminology. It is true that an
honest, sincere and effective police force can ensure a happy and peaceful society.
Although it is not possible for the police to reduce crime in the society completely
it can be controlled and retained in a satisfactory stage. Otherwise a corrupted,
unlettered and disingenuous police force can give facilities to criminals and make
the life of the general public miserable.
Contribution of police in the criminal justice system
Police have various types of functions in the criminal justice system. A modern
country can’t think about the operation of its judicial without a stable police force
and its functions.
1. police arrest suspect criminals and those who violets the law, to prevent the
crime committed by the criminals. Police take them into the custody and produce
them before the criminal court. Police try to put a bar on criminal activities
through this process.
2. another important function of the police is to investigate criminal activities.
Police can exercise power under section 154 to 176 of the code of criminal
procedure to investigate a criminal case. (information to the police and their
power to investigate) after completion of the investigation, police submit a
charge- sheet for prosecution or a final report for release of the accused.
3. a police officer may examine orally any suspected person who is acquainted
with the facts and circumstances of the case by serving summon under section 61
of CRPC
Police force in India and their statistics
1. civil police and 2. Armed police
Civil police are designated for maintaining law and order, prevention and
detection of crime and law enforcement. Armed police on the other hand are seen
during natural disasters or riots/ civil unrest
The police also manage police station, conduct investigation answer routine
complaint, performs traffic duties and patrol on the street. The armed police on
the other hand are divided into two groups the district armed police force of a
particular area.
State police forces generally have two arms: civil and armed police. The civil
police are responsible for day-to-day law and order and crime control. Armed
police are kept in reserve, till additional support is required in situations like
riots. In this section, we discuss how civil police is organized in the country.
Civil police forces broadly adhere to the hierarchical. Every state is divided into
various field units for the purpose of effective policing: zones, ranges, districts,
sub-divisions or circles, police stations and outposts. For instance, a state will
comprise of two or more zones, each zone will comprise two or more ranges, and
ranges will be sub-divided into the other field units in a similar manner. The key
field units in this setup are the police district and the police station.
The center maintains various central armed police forces and paramilitary forces,
of which four guard India’s borders, and three perform specialized tasks. These
are:
Assam Rifles (AR): Guards India’s borders with Myanmar.
Border Security Force (BSF): Guards India’s borders with Pakistan and
Bangladesh.
Indo Tibetan Border Police Force (ITBP): Guards the border with China.
Sashastra Seema Bal (SSB): Guards India’s borders with Nepal and Bhutan.
Central Industrial Security Force (CISF): Provides security to critical
infrastructure installations, such as airports, atomic power plants, defense
production units and oil fields.
Central Reserve Police Force (CRPF): Deployed for law and order, counter-
insurgency, anti-naxal and communal violence operations.
National Security Guards (NSG): Specialized in carrying out counter-terrorism,
counter-hijacking and hostage-rescue operations. In addition, it provides VIP
security and security for important events.
The district armed police are organized along the line of an army infantry
battalion. They are assigned to police station and perform guard duties
The provincial armed of a particular is an armed reserve maintained at key
location in some states and active only on orders from the deputy inspector
general and higher-level authorities.
Armed police are not usually in contact with the public until they are assigned to
VIP duty or assigned to maintain order during fairs, festivals, athletic events,
election, and natural disasters.
The central armed force is the border security force, central industrial security
force, central reserve police force and Indo-Tibetan border police, national
security guard, and special police group. In addition to the above two categories,
India also has a central investigation and intelligence institutions. These include
the central bureau of investigation and national investigation agency among other.
POLICING AND CRIME CONTROL
A. Community Policing
B. Zero Tolerance Policing
C. Corruption.
A. Community Policing: - community policing is a new philosophy of policing
on the concept that police officer and people work together in creative ways.
The philosophy is predicated on the belief that achieving these goals requires that
police department develops a new relation with the law-abiding people. It shifts
the focus of police work from handling random calls to solving community
problems. Crimes can be prevented by being people-friendly police. People
should be made aware about the preventive methods.
Hurdle in implementing community policing are
1. conservative police culture.
2. resistance to change to community policing by the traditional and rule-bound
rigid organization.
3. rigid paramilitary structure.
4. under paid and under trial staff.
5. multiplicity of police wings.

B. Zero Tolerance Policing

Zero tolerance policing can be defined as strict non-discretionary law
enforcement approach that is thought to be though on crime. Under this approach,
the police enforce every facet of law. Zero tolerance policing provides a powerful
deterrent to criminals. Zero tolerance policing provides a powerful deterrent to
criminals.
Advantages:
1. it create a far greater awareness of police presence because there is more officer
on the ground.
2. strict punishments provide another firm deterrent because they make it clear
that the consequences of direction will not be a minor irritant
3. convicts are less likely to re-offend because zero-tolerance catches them early
on in the escalating cycle of crime and provides the short, sharp, shock. There is
a clear message that crime will not be tolerated. If a law is to exist at all then it
ought to be enforced. Otherwise they will be held in contempt.
Disadvantages:
1. Minor offenders gang members and are extremely unlikely to be aware of the
punishment for the crime which they commit so deterrence doesn’t have much
effect there.
2. many crimes are a product of necessity and cannot be reduced by threatening
punishment
3. the idea of a short sharp shock is unconvincing. Labeling criminals at an early
act actually cause them to perceive themselves as such and give them fewer other
option by placing them outside mainstream of society. This leads to deviance
amplification where convicts increasingly commit more serious crimes as a result
of their contact with law enforcement.
C. Corruptions
Corruption is a form of dishonesty or criminal offence undertaken by a person or
organization entrusted with position of authority, so to gain money which is not
legally permitted and to misuse the power for private gain of the person who is in
the authority.
Corruption may include activities including bribery and white-collar crime
though it may also involve practices that are legal in many countries. Political
corruption when an office holder or other governmental employees acts in an
official capacity for personal gain
Reason for corruption
1. the salary structure, nature and hour of duty, accommodation problem and
certain administrative and organizational problem are the factors responsible for
corruption.
2. the major source of corruption in the police is the vast power vested in a police
officer in a day – to – day working.
Suggestion for controlling corruption
1. local policing should be more responsive and accountable enforcement
2. making transfer and promotion transparent
3. use the correct and appropriate use of information technology
4. performance monitoring of the public servant
5. minimizing political interference
RISE OF PRIVATE POLICING
Definition: private sector police have been described as any individual or group
involved with law enforcement or security but lacking official police authority,
additional, the term can be referred to as an off-duty police officer while working
for private entity, providing security or otherwise law enforcement related
services
The concept of privatizing police services in India is not new, and has been under
discussion for several years. The proponents of this idea argue that privatization
could bring about a much-needed transformation in the way law enforcement is
carried out in the country. According to them, private companies would bring in
innovative technologies and management practices, and could potentially be
more efficient in dealing with crimes and maintaining law and order.

The privatizing police refer to the outsourcing of law enforcement duties to

private security companies or individuals, rather than having those duties
performed by government-employed police officers. Proponents of this idea
argue that private companies can offer more efficient, cost-effective and
innovative services, while opponents argue that privatizing police could lead to a
loss of accountability and an increase in instances of corruption and abuse of
power.

There are a few examples of privatized police in the world, but it is still a
relatively rare phenomenon. Some of the challenges associated with privatizing
police include issues around training, accountability and the potential for conflicts
of interest when private companies are responsible for both protecting the public
and maximizing profits.

History
Before the era of privatized policing, law enforcement in many countries,
including India was provided primarily by the state through public police forces.
The police were responsible for maintaining law and order, preventing and
detecting crime, and investigating and apprehending offenders. The police were
organized hierarchically, with a clear chain of command [1] and a defined set of
powers and responsibilities.

In India, the modern police system was established during the British colonial
period, and was based on the model of the colonial police force in England. The
Indian Police Act of 1861 provided the legal framework for the organization and
functioning of the police, and established a hierarchical structure with a
centralized command structure. The Indian Police Service (IPS) was created in
1948, and is responsible for the administration of the police force in each state.

The public police forces were usually funded by the state, and were accountable
to the state through various mechanisms, such as civilian oversight bodies or
internal disciplinary procedures. The police were also subject to legal and
constitutional constraints, such as the protection of human rights and the rule of
law.

The Growth of Privatized Policing:

The growth of privatized policing has been a significant trend in recent years,
both in developed and developing countries. This trend has been driven by
various factors, including changes in the security landscape, budget constraints
faced by public police forces, and the increasing demand for specialized and
customized security services. Here is some of the brief explanation of major
factors contributing to the growth of privatized policing.
1. One of the main drivers of privatized policing is the changing nature of
security threats. Traditional police forces are often ill-equipped to deal with
new types of crime, such as cybercrime, terrorism, and corporate fraud.
Private security companies, on the other hand, are more nimble and
adaptable, and are able to respond more quickly to emerging threats. They
can also provide specialized services, such as executive protection, risk
assessments, and event security, which are not typically provided by public
police forces.

2. Another factor contributing to the growth of privatized policing is budget

constraints faced by public police forces. Many governments are facing
fiscal pressures and are unable to provide the level of funding required to
maintain adequate levels of public policing. As a result, some governments
are turning to private security companies to supplement or even replace
public police forces. This trend is particularly pronounced in developing
countries, where public police forces may be underfunded or poorly
equipped.

3. The increasing demand for customized security services is also driving the
growth of privatized policing. Private security companies are able to
provide tailored security solutions to meet the specific needs of their
clients, such as businesses, individuals, or government agencies. This can
 include a range of services, from security consulting and risk assessments,
to physical security and surveillance.

International Overview related to Private Police:

There are several examples of privatized policing from around the world. Here
are a few:
1. United States:
In the United States, many cities and towns have contracted private security
firms to provide additional policing services. Private security firms can
provide services such as patrol, investigations, and crime prevention.
Private security officers are required to be licensed, trained and regulated
by state agencies. the largest private police force in the united states are the
rail road police employed by the major class I rail road. The growth of
private policing is a phenomenon that is occurring all over the world. In
Australia private and public police have conventionally been considered
parallel system with private security as very much lesser or junior entity.
Private police in the united states are law enforcement bodies that are
owned and controlled by non-government entities such as security agencies
or private corporations.
Advantages of private police as contractees of contractees of states.
There is evidence that private police can provide services more cheaply
than public police. The cost of private police is at 25-35$ per hour
compared to the 58$ per hour for a public officer. In this way the private
policing help to save money as well as the private police work with great
effort.
All the benefits that characterize highly competitive industry: lower
production costs, prices close to costs, highly innovative, companies
always search for niche markets, flexibility in meeting client demands,
flexibility in hiring/firing and use of part time workers.
Private police have more flexibility in hiring and pay market wages
according to productivity. This allows them to hire both low skilled and
highly skilled workers which results in greater differentiation in wages
compared with public police where only rank and longevity differentiate
wages.
Private police are more accountable to their clients while public police do
not need to compete nor satisfy particular clients.
Disadvantages of private police:
 Problem with the industry include the possibility of criminals sitting up
their own firms misuse of surveillance device and strained relationship
between the public and private.
a) Lack of accountability: private security firms are primarily to their
clients, rather than to the public. This can create a conflict of interest
and make it difficult to hold them accountable for their actions. This
can result in misconduct, abuse of power or other unethical behavior.
b) Inadequate Training and Standards:
Private security officers may not have the same level of training and
qualifications as public police officers. This can lead to a lack of
professionalism and competence, which can undermine public
safety.
c) Human Rights:
Private security officers may not be subject to the same human rights
obligations as public police officers. This can create a risk of human
rights abuses, particularly in countries where human rights
protections are weak.
d) Inequality:
Privatization of police services can create inequality in the justice
system as private security firms are likely to cater to the affluent
sections of society who can pay for their services. This can result in
a situation where there is unequal access to justice
e) Loss of Public Trust:
Privatization of police services can result in the loss of public trust
in the justice system and police force. It can undermine public
confidence in the ability of the government to provide security and
protection to citizens.

2. United Kingdom:
In the United Kingdom, there are a number of private security firms that
provide security services to businesses, private individuals and public
sector organizations. Some private security firms have also been contracted
to provide policing services, such as patrolling shopping centers, railway
stations, and other public places.
3. South Africa:
 In South Africa, private security firms have been hired to provide security
services to private individuals and businesses. Private security officers
have also been hired to provide security for events and to patrol high-crime
areas.
4. Brazil:
In Brazil, some private security firms have been authorized to provide
security services to public institutions such as schools and hospitals. The
private security officers are required to undergo training and background
checks, and they are subject to regulatory oversight.
It is worth noting that privatization of police services is a controversial issue, with
proponents arguing that it can lead to increased efficiency and innovation in
policing, while critics argue that it can lead to a two-tiered system of policing and
exacerbate existing inequalities.
Is Centre planning to privatize the police?
The Indian Constitution gives the power to maintain law and order to the state
governments, and the police force is a state subject. However, the power to
investigate crimes and maintain public order is given to public police forces. In
recent years, there have been debates about the privatization of police powers,
with some arguing that private security firms can provide better security services
than public police forces.
It is worth noting that in India, the state governments are responsible for the
functioning and management of the police force in their respective states.
Therefore, any decision to privatize police services would be taken at the state
level, rather than by the central government.
There have been reports of individual states exploring the possibility of
privatizing certain police functions or contracting private security firms for
specific tasks, such as traffic management or crowd control. While privatization
of police powers has not been implemented on a large scale in India, some states
have experimented with it in a limited way.
For example, in 2013, the state of Karnataka allowed private security agencies to
provide security at public places like malls, hospitals, and educational
institutions. However, the power to investigate crimes and maintain public order
remained with the public police force. If the news about Goa becoming the first
state in India to privatize police powers is accurate, it would represent a
significant departure from the current model of public policing in the country.
However, it is important to note that privatization of police powers raises
important questions about accountability, human rights, and social equity. Any
such move would need to be undertaken with great care and after a thorough
analysis of the potential benefits and risks.
Does Privatization Serve the Public Interest?
The answer to whether privatization serves the public interest is complex and
varies depending on the specific context and circumstances. Privatization
involves transferring ownership or control of a government-owned asset or
service to a private entity. Proponents of privatization argue that it can lead to
more efficient and cost-effective delivery of services, as private companies have
a profit incentive to operate efficiently and effectively.
Additionally, private companies may have more flexibility to innovate and
respond to changing market demands. Privatization can also bring new
investment and expertise to the provision of services, which may lead to improved
quality and expanded access for consumers.
However, critics of privatization argue that it can lead to reduced quality of
services and higher costs for consumers, particularly in cases where private
companies prioritize profits over public interests. Additionally, privatization may
result in job losses and reduced accountability and transparency in the provision
of services.
Overall, whether privatization serves the public interest depends on factors such
as the nature of the service being privatized, the regulatory framework in place to
ensure public interests are protected, the competitive landscape, and the
effectiveness of oversight and enforcement mechanisms. It is important to
carefully consider the potential benefits and drawbacks of privatization on a case-
by-case basis, with a focus on ensuring that public interests are protected and
promoted.
Privatization of Police: A Boon or a Bane for Taxpayers?
The effect of privatizing police on taxpayers can vary depending on several
factors. In some cases, privatization may lead to cost savings for taxpayers as
private security firms are typically paid on a contract basis, which may be less
expensive than maintaining a full-time public police force. However, the cost
savings associated with privatization must be weighed against the potential risks
and challenges, as mentioned earlier.
In other cases, privatization may result in increased costs for taxpayers, as private
security firms may charge higher rates for their services, particularly in situations
where there is a high demand for security. Moreover, in a private system, there is
a risk that police services may become less accessible to lower-income
communities who cannot afford to pay for private security services.
In order to ensure that taxpayers are not negatively affected by privatization of
police services, it is crucial to ensure that appropriate regulations and oversight
are in place to ensure that private security firms are delivering high-quality, cost-
effective services that are consistent with ethical and human rights standards.
The government should also consider ways to ensure that police services are
accessible to all members of society, regardless of their ability to pay. This may
include providing subsidies or other forms of financial assistance to those who
cannot afford private security services.
Overall, the impact of privatization of police services on taxpayers depends on
the specific circumstances of each case, and it is crucial to carefully evaluate the
potential benefits and risks before making any decisions about privatization.
Case laws on Privatizing in India:
People's Union for Civil Liberties v. State of Maharashtra:
In this case, the Supreme Court of India held that the use of private security guards
for traffic management in Mumbai was unconstitutional. The court held that the
police force was a public function, and that the use of private security guards to
perform police functions was a violation of the constitutional scheme.
Prakash Singh v. Union of India:
In this case, the Supreme Court of India issued a series of directions to reform the
police system in India. One of the directions was to set up a police complaints
authority at the state and district levels, which would be independent of the police
department. The court also directed that police officers be given security of
tenure, so that they could perform their duties without fear of political
interference.
Unna Krishnan, J.P. v. State of Andhra Pradesh:
In this case, the Supreme Court of India held that the right to education was a
fundamental right under the Constitution. The court also held that the government
had an obligation to provide education to all children, and that this obligation
could not be outsourced to private parties.
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 MODULE 3
TRANSNATIONAL AND GOLBAL POLICING
• Transnational policing: this concept is based on International co-
operation that allows national policing to operate beyond their own
jurisdiction and work with those of other nation.
Transnational policing is a complex and multidimensional approach to
crime control that can reach across national borders, often it requires
collaboration among multiple organization and their agent. Although this
type of law enforcement activity has become more advance and extensive
and some might say more necessary with the rise of international terrorism
and the globalization of crime.
The type of crime that naturally extend beyond state boundaries often
include immigration and border-related offenses. Transnational crime also
can occur within the borders of one specific state if the consequences of
those crime significantly affect another state or all of humanity. Human
smuggling, money laundering, privacy, narcotics, trafficking and
international terrorism are example of transnational crimes.
• International policing institutions: international policing refers to police
practices that involves citizens or jurisdiction of more than one nation.
Police is hereby defined as the institution associated with crime control and
order Maintaince as it has been legitimated in the context of nation sates.
Justified by an increasing internationalization of criminal activities,
international police operation has gradually expanded, with historical roots
tracking back to at least the 19th Century formational of national states. In
 the contemporary era, concern over illegal immigration, the international
drug trade and international terrorism have greatly impacted the scope of
international policing.
• Interpol: the word INTERPOL is the radio- telegraph code for the
international criminal police organization which consist of 196-member
countries who have agreed to ensure and promote the widest possible
assistance between all the criminal police authorities in the prevention and
suppression of ordinary law crimes. It has 7 regional bureaus. The
organization’s Head quarter is in Lyon, France.
the Interpol organization now incorporates 196-member countries an Inter-
governmental organization which was bigger than the number of member
countries in United Nation. Where Interpol also has observer status.
International police cooperation has become increasingly complex.
Differing legal system, definitions of crime, rule of evidence varying
responsibilities between law enforcement and judicial services, incomplete
extradition laws, incompatible information system and restriction on
sharing few of the barriers Interpol services to help the world overcome in
the fight against ever higher levels of international crime.
History of INTERPOL: Till the 19th century at international level the
cooperation between the police organization of different nations were on
ad-hoc basis formed for specific goal. In 1851 the Police Union of German
States was formed and all German speaking Nations took part in it. In 1898
anti-Anarchist conference brought together and in it 21 European countries
on one platform to act against the international anarchist movement but out
of which no concrete decision was taken. In 20th century due to increasing
international travel and commerce facilities, criminal enterprises got more
and more option to escape from getting catch and run away from the place
where the crime took place and so to tackle with such thing in 1914
International Criminal Police Congress was hosted in Monaco to tackle
criminal enterprises and fugitives and in which 24 nation participated and
laid down 12 principle which became the foundation of Interpol. And they
were Crime Investigation, Investigative techniques, international standard
for forensics and data collection, and extradition standard, but the start of
world war I and to start the International Police Organization was kept
aside.
In 1923 the president of Viennese Police Department Johannes
Schober hosted International Criminal Police Congress (ICPC) in Vienna
where 22 countries participated. In 1928 United Kingdom and in 1938
United States decided to join this organization. Till 1934, 58 countries
joined International Criminal Police Congress (ICPC). But then 1938 ICPC
 came under Hitler after the annexation of Austria and he shifted it
headquarter from Vienna to Berlin and this organization went under the
control of Nazi Germany. In the year 1946 after the end of World War II
ICPC was revived by the UK, France, Belgium and Scandinavia and
converted to INTERPOL and its head quarter was shifted to Paris. And
then to Saint-Cloud in 1967 and then to Lyon in year 1989 from then till
date INTERPOL headquarter is in Lyon.
• Structure and Functioning of Interpol: General Assembly is the
supreme governing body of Interpol comprising the representative of all
the member countries. General Assembly takes decision in the form of
resolution where each country is assigned a vote. The assembly elects the
executive committee and president. The executive committee executes the
decision taken by the general assembly and administers Interpol
administration. There are 13 members in the executive committee they
consist of 1 president elected for 4 years, 3 vice president and 9 delegates
elected for 3 year. In the recently conducted election in UAE Ahmed
Nasser Al Raisi and Praveen Sinha were elected as an executive member.
• Purpose of INTERPOL: under article 2 of the organization’ s
constitutions, describes the purpose of Interpol’s and its aims are:
To ensure and promote the widest possible mutual assistance between all
criminal’s police authorities within the limits of the law existing in the
different countries and in the sprit of the universal declaration of Human
Rights
To establish and develop all institutions likely to contribute effectively to
the prevention and suppression of ordinary law crimes.
The limits of its operation are laid down in article 3:
It is strictly forbidden for the organization to undertake any intervention or
activities of a political military, religious or racial character.
According to the interpretation given to article 3, a political offence is one
which is considered to be of a predominantly political nature because of
the surrounding circumstances and underlying motives, even if the
offences itself is covered by the ordinary criminal law in the country in
which is was committed. This interpretation, based on the predominant
aspect of the offences, is embodied in a resolution adopted by Interpol’s
general assembly in 1951. In addition, a resolution adopted in 1984 states
that in general, offences are not considered to be political when they are
committed outside a conflict area and when the victims are not connected
with the aim or objective.
No agent of Interpol has arresting powers. Interpol works as a network
among law enforcement agencies of different countries but Interpol work
as a communication cannel with the law enforcement agencies of different
countries. Interpol works as administrative unit at international level and
provide data base assistance with the member countries. The importance
of Interpol is understood more clearly when there are language, cultural
and bureaucratic differences and police officials fail to operate joint
operation.
Example: if the Central Bureau of Investigation (CBI) in India wants to
track criminal in UAE, CBI may not know the location of that criminal and
might not know to whom to contact in such situation CBI contacts the
Interpol’s national central bureau. Interpol provides database assistance
and acts as a bridge between the law enforcement agencies of the member
nations.
While crime databases with one or a country’s national agency are typically
limited to within that country’s border, the Interpol database allows them
to track criminal and crime trends in the whole world. Interpol data base
has the information as to photos, finger print, DNA sample, travel
document and information of the wanted criminals in the headquarter
situated in Lyon. The official in the headquarter analysis the data avail. The
Interpol database helps member countries to track criminals and criminal
activities globally. Interpol also helps to overcome bureaucratic hurdles.
Network knowns as I-24/7 the data base available with Interpol can be
accessed easily. With the help of I-24/7 network the agent gets access to
the Interpol database and the member countries get access to each other’s
criminal database. In the case of international disaster, terrorist attack,
assassination, Interpol sends “Incident Response team” (IRT), IRT with the
help of the data base it identifies the victim, suspect and shares information
with the law enforcement agencies in the other countries.
On the request of the local authorities IRT act as a central command and
logistic help share important information with the law enforcement
agencies of the other countries and can establish coordination between the
law enforcement agencies of other countries.
Apart from the above mention INTERPOL issues 8 different types of
notices which are specific meaning. It is sent by the General Secretary
issued on the request of National Central Bureau.
Red corner notice is issued for arrest or extradition for criminals but this
is not an arrest warrant. Interpol cannot force any country to arrest anyone
(Red Corner Notices are issued for fugitives wanted either for prosecution
or to serve a sentence. A Red Notice is a request to law enforcement
agencies worldwide to locate and provisionally arrest a person pending
extradition, surrender, or similar legal action.). all the 196-member
countries are free to act upon the Red Corner Notice. Such one notice is
issued against the Dawood Ibrahim, but the law enforcement agencies are
not taking any action against them.
Yellow Notice A Yellow Notice is a global police alert for a missing
person. It is published for victims of parental abductions, criminal
abductions (kidnappings) or unexplained disappearances. The Yellow
Notice can also be used to help identify a person who is unable to identify
himself or herself.
Blue corner notice, also known as an “enquiry notice,” facilitates sharing
critical crime-related information, including criminal records verification
and locating individuals. And the original country of the criminal
Black Notice: To seek information on unidentified bodies.
Purple notice is issued against environmental criminals, those who hunt
wild animals and sell them in the international market.
Green Notice: To provide warning about a person's criminal activities,
where the person is considered to be a possible threat to public safety, and
has the chances that they can repeat crime in the said country.
Orange Notice is issued against dangerous person, object, bomb weapon
etc. which pose a threat to the public safety.
Apart from the above-mentioned notices Interpol issues the United Nation
Security Council special notice to those group and individual or group
which is target by UNSC. Interpol has also issued an UNSC special notice
against lashkar e taiba, Taliban, al qaeda.
Interpol from time to time has operated against criminals and syndicate and
has ensure public safety in the world.
In the year 2019 Interpol under operation “Epervier” in Benin and Nigeria
rescued 220 victims of human trafficking. In the same year with the help
of operation Turquesa Interpol carried out the operation and tracked the
drugs smuggling route between the USA and Canada and got the criminal
arrested. By the HAECHI operation and coordination Interpol intercepted
1000 and more account in 20 countries and 27 million dollars illicit funds
which was generated by cyber enabled crime. In 2016 Interpol with the
help of police of 8 countries carried out operation Jupiter in which 250
individuals were arrested in which illicit goods and 34 criminal networks
dismantled
Even after Interpol conducted many successful operations it has to face
criticism. Even being politically neutral and many have alleged that have
carried politically driven operation and action.
 Organization for security and co-operation in Europe parliamentary
assembly declaration criticized Interpol stating that it has abuse the
mechanism politically motived prosecution.
In 2008 United Nations High Commissioner for Refugees (UNHCR) has
raised the objection on the arrest of the refugees that they are politically
motivated.
The organization such as detained in Dubai, open dialogue, center for peace
studies has indicated that non-democratic states with the help of the
Interpol carries operation such as it harasses politician, journalist,
businessmen, human right activists, it includes the countries such as China,
Russia, Turkey, Iran, Venezuela. ‘Open Dialogue’ non-governmental
organization, founded in 2009 in Poland, reported that analyzed and
mentioned 44 high-profile political cases which have passed through
Interpol system out of these 18 cases of political persecution (cruel and unfair
treatment of a person or group) originated in Russia 10, kazaisthan 5, Belarus 2 and
in Iran 2.
• Co-operation Principles
a. Respect for National Sovereignty: - National laws, National Boundaries
b. Enforcement of Ordinary Criminal Law: - Prevention of Crime
c. Universality: - Member state should co-operate with each other
d. Equality of all member states
e. co-operation with other agencies jg
f. flexibility of working methods
• Conclusion: Interpol is such an international organization that has proved
its importance of existence in today’s globalized and conflicts that if the
organization like Interpol does not exist it will become difficult stop
international crime and the use of Interpol is not be for political benefit and
political action. the use of the Interpol is to be used only to maintain law
and order and to harass the critics and opponent.
 EUROPOL
The European Union agency for law enforcement cooperation, better
known under the name Europol, formerly the European police office and Europol
drug unit, is the law enforcement of the European union EU formed in 1998 to
handle criminal intelligence and combat serious international organized crime
and terrorism through cooperation between the competent authorities of EU
member states. The headquarter of Europol is at Hague, Netherlands. The agency
has no executive power, and its officials are not entitled to arrest suspects or act
without prior approval from competent authorities in the 34-member states. With
the rise of the terrorist activities in the EU during 2010 and malware attack against
Ukraine in 2017, Europol has recently focused on stopping terrorism and
improving the EU cyber security. Europol can’t act on its own. The agency can
only help the national police force in their investigations and share crime data
they have gathered. Think of Europol more as a supportive sidekick to the main
police agencies that help national police from across the European Union
collaborate to take down continent wide threats.
The Europol corporates with other international organization such as Frontex the
European Union’s Border Protection force and Interpol. Europol has a staff list
of over 1400 employees. At the head of the organization is the Executive Director,
along with three deputy executive directors It wouldn’t be an EU agency if it
wasn’t subject to check and balance, however. Europol answer the council of
minister for justice and home affairs which determines the agency’s budget and
appoints the executive director and their deputies.
Mission, priorities and vision
As the European union’s law enforcement agency, Europol’s mission is to
support its member states in preventing and combating all forms of serious
international crime and terrorism. Its role is to help achieve a safer Europe for the
benefit of all European Union citizen by supporting European Union law
enforcement authorities through the exchange and analysis of criminal’s
intelligence. Large scale criminals and terrorist network pose a significant threat
to the internal security of the European Union and to the safety and lively hood
of its people.
The biggest security threats come from terrorism, international drug trafficking
in human being, counterfeiting of the euro currency and payment cards fraud,
corruption and money laundering as well as other activities related to the presence
of organized crime group in the economy. New danger is also accumulating in
the form of cybercrime, VAT fraud and other sophisticated crime which abuse
modern technology and the freedom offered by the European Union’s internal
market. All of these have been declared priority area by the European union’s
council of ministers.
Working of Europol: international criminal and terrorist group operate worldwide
making use of the latest technology. To ensure and effective and coordinated
response, Europol needs to be equally flexible and innovative, ensuring its
methods and tool are up to date. Europol maintains state of the art databases and
communication channels, offering fast and secure facilities for storing, searching,
visualizing, analyzing and linking key information. The gathering, analysis, and
dissemination of this information entail the exchange of large quantities of
personal data. In discharging these functions, Europol adheres to the highest
standard of data protection and data security
All Europol data base and services are available 24 hours a day. The Europol
sends experts and make service available with the help of mobile office, whenever
requested by a member state.
UNPOL (United Nation Police)

There are 84-member states of UNPOL. Since the 1960s the united nations
member states have contributed police officers to united nations peacekeeping
operations. The policing tasks of these operations were originally limited to
monitoring, observing and reporting, but by the early 1990s advising mentoring
and training of this personnel were adopted into the activities of the peace
operations. UN police, mandates by the united nation security council build and
support, or where mandated, act as a substitute or partial substitute for host state
police capacity to prevent and detect crime, protect life and property and maintain
public order and safety in adherence to the rule of law and international human
right law.
Through formed police units, individual police officers, specialized team and
civilian’s expert, UN police pursue community oriented and intelligence led
policing approaches to contribute to the protection of civilians and human right;
address among other, sexual and gender-based violence, conflicts related sexual
violence and serious and organized crime and conduct investigations, special
operations and electoral security.
The United Nations Police or UNPOL is tasked with enhancing international
peace and security by supporting countries in conflict, post-conflict and other
crisis situations. Across peace operations worldwide, UNPOL works with
military and civilian peacekeepers to protect civilians, build peace and help
implement individual mission mandates.
UNPOL mandate
• Protect civilians from threats of physical violence.
• Monitor and report abuses and violations of human rights and international
humanitarian law.
• Support the safe delivery of humanitarian assistance.
• Support the implementation of the revitalized peace agreement.
• Provide technical assistance and advice to the South Sudan National Police
Service and other national law enforcement agencies.
Presence of UNPOL
Currently 1,446 UNPOL personnel are deployed in 10 regions across South
Sudan. Of these, 847 belong to Formed Police Units, 561 are Individual Police
Officers, while 38 are correctional services staff.
Work of UNPOL
The measures taken by UNPOL to protect people living in UN protection sites
include preventive and visibility patrols, confidence and trust building patrols,
cordon and search operations to maintain the civilian nature of these sites,
screening access control, security incident assessments as well as engaging with
community leaders and other stakeholders.

To build the capacity and effectiveness of the South Sudan Police Service and
other national law enforcement agencies, UNPOL provides technical assistance
and advice in line with human rights principles and international humanitarian
law. UNPOL also conducts community policing exercises to strengthen
community involvement in crime prevention and to build partnerships with the
people we are here to serve.
Achievement of UNPOL
 • Ensuring safety, security and protection of civilians within and outside the
PoC sites.
• Establishing and revamping Police Community Relations Committees for
crime prevention and community cohesiveness.
• Ongoing training and sensitization activities on internationally accepted
policing standards for the South Sudan National Police Service and other
local law enforcement agencies.
• Developing a Five-Year Strategic Plan for the South Sudan National Police
Service and contributing to their Action Plan on Sexual and Gender-Based
Violence and Conflict-Related Sexual Violence.
• Facilitating the construction of police stations/posts for the South Sudan
National Police Service to enhance their service delivery and the protection
of civilians.
At United Nations Mission in South Sudan (UNMISS), UNPOL works to protect
civilians by providing a safe and secure environment for South Sudanese people
who have fled violence and sought sanctuary at Protection of Civilian (PoC) sites
with the aim of ensuring durable peace across the country. Police officers also
support efforts to prevent sexual and gender-based violence and to promote
human rights by engaging directly with the communities they serve.

Duties of UNPOL
The duties and toles of the UN police component in peacekeeping operation or in
a special political mission may vary, depending on each mission’s reality
The host state policing institution are often primarily responsible for link between
the government and security issues. Therefore, UNPOL play an important role on
building the capacity of the host government policing institution and other law
enforcement agencies, specially I conflict and post conflicts situations, including
technical assistance, co-locations, training and mentoring programs, where
mandated
Essentially there are there are three different categories to work in united nations
police components
1. as an individual police officer is temporarily seconded, individually to work
within united nations and share his knowledge with the host state policing
institutions united nations efforts are to bring high specialized officers to missions
areas. Some of the requirements to work as an individual police officers for
instance are to be at least 25 years old maximum 62 with minimum police related
working experience of 5 years
2. as part of a formed unit component roles includes crown control and protection
of UN assets. The whole component is assessed as a unit before being deployed
to a peacekeeping operation.
3. as a professional and higher categories staff: this kind of appointment may
allow you to initiate a career in United Nation and often a master’s degree or
higher education is required. The salaries are higher and this include special
functions in a mission like chief and seniors police adviser
Other responsibilities of UNPOL
a. policy and guidance development
b. strategic planning
c. selection and recruitment processes
d. operational support to missions through the standing police capacity
e. response to sexual and gender-based violence
f. global lead, partnership and regional cooperation
UN office on drug and crime (UNODC)
For two decades, the united nations offices on drugs and crime has been helping
make the world safer from drugs, organized crim, corruptions and terrorism.
UNODC is committed to achieve health, security and justice for all by tackling
these threats and promoting peace and sustainable well being as deterrents to
them.
Because the scale of these problem is often too great for states to confront alone,
UNODC offers practical assistance and encourage transnational approaches to
action. UNODC do this in all regions of the world through its global programs
and network of field offices
The offices are committed to supporting member states in implementing the 2030
agenda for sustainable development and the 17 sustainable development goal at
the core. The 2030 agenda clearly recognizes that the rule of law and fair,
effective and humane justice systems, as well as health-oriented responses to drug
use, are both enables for and part of sustainable development.
Aims and functions of UN office on drugs and crime
UNODC was established to assist the UN in better addressing a coordinated,
comprehensive response to the interrelated issues of illicit trafficking in and abuse
of drug, crime prevention and criminal’s justice, international terrorism, and
political corruption.
These goals are pursued through three primary functions: research, guidance
and support to governments in the adoption and implementation of various crime,
drug, terrorism and corruption-related conventions, treaties and protocol, as ell as
technical/financial assistance to said governments to face their respective
situations and challenges in these fields. The office aims long term to better equip
government to handle drug crime terrorism and corruptions related issues, to
maximize knowledge on these issues among governmental institutions and
agencies and also to maximize awareness of said matters in public opinion,
globally, nationally and at community level. Approximately 90% of the office’s
funding comes from voluntary contributions, mainly from governments.
These are the main themes that UNODC deal with: alternative development,
anti-corruption, criminal’s justice, prison reform and crime prevention, treatment
and care HIV and AIDS, Human trafficking and migrants smuggling, money
laundering, organized crime, piracy, terrorism prevention.
********

MODULE 4
UN Guidelines on role of prosecutors
The united nations guidelines on the role of prosecutors require prosecutors to
perform their duties fairly, impartially and consistently, protecting human
dignity, upholding human right and avoiding all political, social, religious, racial,
cultural or any kind of discrimination
1. The use of prosecutorial discretion, when permitted in a particular
jurisdiction must be exercised independently and should be free from
political interference
2. To ensure the fairness and effective of prosecution, prosecutors must strive
to cooperate with the police, the courts, the legal profession, public
defendant and other government agencies or institutions.
3. Corollary to requirement of fairness and impartiality is the conditions that
prosecution should not be initiated or every effort to stay proceeding
should be made where an impartial investigation shows the charge to be
unfounded
4. Providing a corollary to this, the international association of prosecutor’s
standard provide that criminals proceeding should be preceded only when
a case is well founded upon evidence, which is reasonably believed to be
reliable and admissible.
5. When prosecutor comes in to possession of evidence against suspects that
has been obtained through recourse to unlawful methods, which constitute
a grave violation of the suspect as human right, especially involving torture
or cruel, inhuman or degrading treatment or punishment or other abuses of
human right, they are under a duty to refuse the usage of such evidence
6. The prosecutors are also required to take proper accounts of the position of
the suspect and victim, and to pay attention to all relevant circumstances
and disclose all relevant evidence irrespective of whether it is to the
advantage or disadvantage of the suspect
7. The prosecutors must act objectively and also to remain unaffected by
individual or sectional interest and public or medial pressures. They must
have regard only to public interest.
8. The state is also under a duty to ensure that prosecutors are able to perform
their professional functions intimidation, hinderance, harassment,
improper interference or unjustified exposure to civil, penal or other
liability
9. The states are further required to provide reasonable conditions of service
to prosecutor’s adequate remuneration, and where applicable, tenure and
pension
10.More over the promotion of prosecutors should be based on objective
factor, in particular professional qualification, ability, integrity and
 experience and decided upon in accordance with fair and impartial
procedure.
11. If on a state, non-prosecutorial authorities have the right to give general or
specific instructions to prosecutors or the right of directing the institutions
of proceedings or tight to stop legally instituted proceedings, such
instructions should be transparent, consistent with lawful authority
prosecutorial independence
12.The council of Europe recommendations goes further and the practical
lawyer states that instructions not to prosecute in a specific case should in
principle be prohibited. Should that not be the case, such instructions must
remain exceptional and be subjected to transparency and appropriate
control
13.The council of Europe recommendations also state that public prosecutor
should account periodically and publicly for their activities as a whole and
in particular, for the way in which their priorities are carried out
14.Tole of prosecutor as interpreted by the law of other countries
PROSECUTION
The act or process of holding a trial against a person who is accused of
crime to see if that person is guilty. The side of legal case that argues that a
person who is accused of a crime is guilty. The lawyer who prosecute someone
in a court case
PORSECUTION IN ENGLAND (CROWN PROSECUTION SERVICE)
The Crown Prosecution Service (CPS) prosecutes criminal cases that have
been investigated by the police and other investigative organizations in England
and Wales. The CPS is independent, and we make our decisions independently
of the police and government. The duty of CPS is to make sure that the right
person is prosecuted for the right offence, and to bring offenders to justice
wherever possible.
The CPS:
• decides which cases should be prosecuted;
• determines the appropriate charges in more serious or complex cases, and
advises the police during the early stages of investigations;
• prepares cases and presents them at court; and
• provides information, assistance and support to victims and prosecution
witnesses.
Prosecutors must be fair, objective and independent. When deciding whether to
prosecute a criminal case, our lawyers must follow the Code for Crown
Prosecutors. This means that to charge someone with a criminal offence,
prosecutors must be satisfied that there is sufficient evidence to provide a realistic
prospect of conviction, and that prosecuting is in the public interest.
NETHERLAND
The Netherlands public prosecution service is responsible for investigating and
prosecuting criminals’ offences.
For a society to function efficiently and fairly laws are needed. People are not,
for example, allowed to use violence, steal or damage property, and there are rules
to ensure traffic safety. If someone fails to respect the law, someone else may
lodge a complaint with the police. Or the police can arrest the offender. A suspect
may also be arrested by a member of the public if they are caught in the act.

In the Netherlands, only judges and – in minor cases – the public prosecution
service may impose punishment. Crucially, a person may be punished only if it
has been established that he or she is in fact guilty of the offence in question.
Doing this requires investigation and an independent judiciary.

After all, in our democracy governed by the rule of law, justice is a core value.
Suspects, victims and society as a whole must have the confidence that they will
be properly represented in criminal proceedings. The sentence must also be in
proportion to the crime that was committed and provide justice for those affected
by it.

The Public Prosecution Service is responsible for investigating and prosecuting

criminal offences on behalf of society at large. Its work is aimed at ensuring that
those who commit crimes are punished appropriately, that victims and next of kin
feel that someone is on their side, and that the Dutch public are confident that the
law of the Netherlands are applied fairly and correctly.
The Public Prosecution Service’s main tasks are:
• supervising the police in the investigation of criminal offences
• prosecuting criminal offences and bringing suspected offenders before the
courts
• dealing with criminal offences without involving the courts
The Public Prosecution Service concerns itself only with criminal law. It
therefore is not involved in civil matters such as rent disputes, labor issues or
divorce proceedings. The Public Prosecution Service employs around 5,000
people, including some 800 public prosecutors.
The Public Prosecution Service is a national organization divided over ten
regions. The organization’s office in a given region is located at the district court
serving that region. Every office of this kind is headed by a Chief Prosecutor.
AMERICA GRAND JURIS
Grand juries in the United States are groups of citizens empowered by United
States federal or state law to conduct legal proceedings, chiefly investigating
potential criminal conduct and determining whether criminal charges should be
brought. The grand jury originated under the law of England and spread through
colonization to other jurisdictions as part of the common law. Today, however,
the United States is one of only two jurisdictions, along with Liberia, that
continues to use the grand jury to screen criminal accusation.
Generally speaking, a grand jury may issue a written paper that officially accuses
somebody of a crime. for a crime, also known as a "true bill," only if it verifies
that those presenting had probable cause to believe that a crime has been
committed by a criminal suspect. Unlike a petit jury, which resolves a particular
civil or criminal case, a grand jury (typically having twelve to twenty-three
members) serves as a group for a sustained period of time in all or many of the
cases that come up in the jurisdiction, generally under the supervision of a federal
U.S. attorney, a county district attorney, or a state attorney-general, and hears
evidence ex parte (i.e. without suspect or person of interest involvement in the
proceedings).
The federal government is required to use grand juries for all felonies, though not
misdemeanors, by the Fifth Amendment to the United States Constitution. While
all states in the U.S. currently have provisions for grand juries, only half of the
states actually employ them and twenty-two require their use, to varying extents.
The modern trend is to use an adversarial preliminary hearing before a trial court
judge, rather than grand jury, in the screening role of determining whether there
is evidence establishing probable cause that a defendant committed a serious
felony before that defendant is required to go to trial mand risk a conviction on
those charges.
PRETRIAL JUSTICE: ROLE OF MAGISTRATE AND PRE TRAIL
CUSTODY
What is pre-trial stage: the stage between registration of the criminal case and
commencement of trial. The process of discharge and framing of the charge are
also considered a part and parcel of trial
In actual practice the courts consider the commencement of recording of the
evidence of the prosecution witnesses as starting point of the trial.
Role of magistrate at pre trial stage
• cognizance and committal of cases
• discharge proceeding
• protector of liberty of arrestee
• supervision of investigation process
• alternate forum to report crime
As a supervisor of the investigation
In all the criminal cases investigated by the police the magistrate acts as
supervisor of the investigation. The Cr.P.C provides independent investigation by
the police and noninterference by the court. To sustain the fairness in
investigation and protect the right of the accused certain powers are conferred on
the court.
Role of magistrate was given by the law commission of India in its 41st Report
that “Magistrate is kept in picture at all the stages of the police investigation, but
his is not authorized to interfere with the process of investigation is to be carried
out”
Pretrial process
1. cases institutied on police report
a. FIR shall be forwarded to the magistrate
b. if any person is arrested he shall be produced before the magistrate
2.complainant cases
a. court examines the statement and issues either summons or warrant to the
accused under section 200 r/w 204

Under the cases instituted by the police report under section 157 of Cr.P.C the
police has to send the FIR to the magistrate immediately after the registration the
magistrate authernticate the date and time of the receipt. And delay if any in filing
the FIR it must be explained by the police.
Arrest: The term “Arrest” is very common term that we pick up a lot in our day
today life. Normally, we see a person, who do or have done something against
the law, get arrested. Arrest means apprehension of a person by legal authority so
as to cause deprivation of his liberty. Thus, after arrest, a person's liberty is in
control of the arrester. Arrest is an important tool for bringing an accused before
the court as well as to prevent a crime or prevent a person suspected of doing
crime from running away from the law.
The word 'Arrest' is derived from the French word 'Arreter' meaning 'to stop or
stay' and signifies a restraint of the person has not been defined in any statute.
Pre-Trial Detention:
Pre-trial detention is the process of keeping a person who has been arrested in
custody before conviction. Pre-trail detention refers to detaining of an accused
person in a criminal case before the trial as taken place, either because of failure
to post bail or detained under preventive detention statute. An under trial, or a
pre-trial detainee denotes an un-convicted prisoner i.e. one who has been detained
in prison during the period of investigation, inquiry or trial for the offence she/he
is accused to have committed. Almost every third prisoner (32 %) around the
world is awaiting trial or the conclusion of trial. When the under trial prisoners
are detained in jail custody to an indefinite period, Article 21 of the Constitution
is violated. Every person, detained or arrested, is entitled to speedy trial.
Arrest and Pre- Trial Detention – Role of Magistrate
Criminal Justice reflects the responses of the society to crimes and criminals. The
key components engaged in this role are the courts, police, prosecution, and
defence. Administering criminal justice satisfactorily in a democratic society
governed by rule of law and guaranteed fundamental rights is a challenging task.
It is in this context that the subordinate judiciary assumes great importance. The
role of magistrate is effectively summed up in the words of Former Chief Justice
Ranganath Mishra in a writ petition relating to conditions of subordinate judiciary
in the case of All India Judges’ Association v. Union of India, where he
observes:
“The Trial judge is the kingpin in the hierarchical system of administration of
justice. He directly comes in contact with the litigant during the proceedings in
court. On him lies the responsibility of building up of the case appropriately and
on his understanding of the matter the cause of justice is first answered. The
personalities, knowledge, judicial restraint, capacity to maintain dignity are the
additional aspects which go into making the Court’s functioning successful”
Magisterial check on police powers of arrest
The sufficiency of reasons for arrest recorded by the police officer is to be
examined by magistrates and not to be accepted at the mere ipse dixit of the
police. After examining the validity of the arrest, Magistrate has to enquire that
whether there are grounds to keep the accused in detention or whether he can be
released on bail, or otherwise discharged.
Case diary is an effective instrument for the magistrate to keep a tab on the
propriety of an investigation. The Supreme Court has repeatedly reiterated that
the case diary should be maintained with scrupulous completeness and efficiency,
since it is an extremely important document. When a person arrested is produced
before a magistrate for remand, the magistrate has to: peruse and scrutinise copies
of FIR/Case Diary ‘Zimnis’, which ought to be in the form of a volume, duly
paginated and contain statements of the witnesses recorded u/s 161 of the Cr.P.C,
and also to ensure that the same are in chronology and reflect the progress of
investigation.
Section 167(2) of the Cr.P.C authorises the Judicial Magistrate to send an accused
to police custody for 15 days if the police investigation cannot be completed
within the mandated 24hoursand if the magistrate is satisfied with the legality of
the arrest. Beyond this, if the magistrate ‘is satisfied that adequate grounds exist’,
they may authorise a further judicial custody up to a 60 or 90 days based on
whether the alleged offence is punishable with a sentence of less than, or more
than, 10 years. On the expiry of this period, the accused is entitled to be released
on bail provided they can ‘furnish bail.
Remand to Police Custody
Detention in police custody (permissible only within 15 days of the first remand),
is usually disfavoured by law, which guards personal liberty zealously. Courts are
cognisant of the police’s predilection for disclosure statements & confessions
(often extorted), instead of scientific and objective methods of investigation.
Therefore, at the time of giving police remand, the magistrate ought to ensure and
record the imperative need for police custody, and as to why it is necessary for
an effective investigation. The need for discovery of the weapon of the offence,
fruits of crime, unearthing a larger conspiracy and facilitating the arrest of co-
accused by disclosure are important considerations.
*******
 Module 5
Process of Criminal Trial in France:
Main principles of criminal law in France are as follows:
• According to French law, the presumption of innocence is there, a person
accused of a crime is innocent until found guilty by a judge. As a result,
an accused can be deprived of liberty during legal proceedings only if
certain conditions are met. Generally, all suspects are released; detention
is done only in exceptional cases.
• In the trial, the guilt must be proved beyond reasonable doubt by the
Prosecuting Attorney. At this stage, any testimony you are asked to provide
may be crucial.
• Court proceedings usually take place in public. In certain cases, involving
sexual offences, the judge may decide to proceed in absence of the public.
• The accused is not bound to testify in his or her own defense, or to call
witnesses.
• Inquisitorial Criminal Justice System
The inquisitorial criminal justice system relates to the Roman Germanic system
of law also known as the civil law legal system or the continental law system. It
can be found in France, Germany, New Zealand, Italy, and Austria. Its primary
feature is conducting extensive pre-trial investigation and interrogations with the
objective to avoid bringing innocent people to trial. In the inquisitorial system,
the main focus is on conducting the inquiry to ascertain the truth.
In this system, the judge has the power to himself investigate the matter brought
to light and decide the case as per the investigation and inquiry. Here, the counsel
from each side is present, but there is no provision for conducting cross-
examination of the witnesses. This system is also less formal and the
determination of justice does not depend on the advocates presenting the case,
but the judge alone.
In this procedure, the state is involved at two different stages, firstly, when the
prosecutor collects the facts of the case and submits a dossier containing the same
to the judge, and secondly, when an unbiased and independent judge explores the
facts and uncovers the truth. The power to examine in this system, therefore,
primarily rests with the judicial police officers.
The judicial police are required to collect evidence in an indiscriminate and
objective manner as it is their duty to help the investigation and prosecution in
discovering the truth. The judge, here, has unlimited power when it comes to
collecting and evaluating evidence. Therefore, in this system, the judge plays an
active role in exploring the truth and also dominates the court proceedings for the
same reason.
Here, the accused is presumed to be innocent until proven guilty by the judge.
The witnesses have to provide statements which are duly recorded during
investigation and are admissible while forming the idea for the prosecution case
during trial. Here, the judge, the accused and the victim are entitled to participate
in the hearing. The role of the parties, however, is restricted to making
suggestions regarding the questions which should be put forth to the witnesses.
As it is the judge who puts forward all the questions to the witnesses, there is no
scope for cross-examination intrinsically.
In inquisitorial systems, the chances of a fair trial are low and also, the court’s
participation in the investigation may lead to creation of biased attitudes while
deciding the case. Also, here, the accused does not have the right to privacy, so
he is forced to explain everything which he may not wish to express for thorough
investigation of the matter.
The procedure here, consists of the following steps –
1. Arraignment
2. Bail hearing
3. Preliminary inquiry and trial
4. Judgement by the court
The various steps in criminal trial in France are as follows:
1. Arraignment:
Arraignment means an act or instance of bringing someone before a criminal
court to hear an indictment, or formal charge, against them and to enter a plea in
response to that charge. At the arraignment, the charges are read out to the
defendant, who pleads guilty or not guilty before the judge. If the accused pleads
guilty, the judge will either hand down a sentence in accordance with the rules
governing sentencing. If the accused pleads not guilty then the judges decide the
date for next stage e.g. The release hearing (also called bail hearing) or disclosure
or preliminary inquiry or trial.
2. Release (bail) hearing:
The person who is in custody at the time of arraignment must be released on some
conditions until objected by the prosecution attorney. And the object should be
satisfied. If the accused fails to comply with the conditions, new charges may be
imposed.
3. Before Trial:
Before trial, a preliminary investigation conducted by a pre-trial judge is a routine
part of the judicial process. It transfers the case to the highly competent court on
the basis of a reasonable estimation of what the accused criminals may be
convicted of in the future. The criminal procedure in France requires early
intervention by examining magistrate. Once the investigation has begun, the
magistrate is free to investigate any violations related to the application and may
proceed to further inquiry any person who may be involved. If the pre-trial judge
determines that the case should be prosecuted, the judge will make an order for
transfer.
4. Preliminary inquiry and trial:
If the sufficient evidence to take the case to the court is found then only the trial
starts. First, determining whether there is enough evidence to issue a trial and
second, proving that the guilt beyond a reasonable doubt, in both cases, the
Prosecuting Attorney and the counsel for the defense call and question witnesses,
including the victim or victims, and present evidence with arguments in support
of their respective cases. If the evidence is found to be insufficient at the
preliminary inquiry, the charges against the accused will be dropped, whereas if
the evidence is found to be insufficient at the trial, the accused will be acquitted.
And the judge met is given.

5. Sentencing:
If the accused is found guilty judges may award sentence or ask for the pre-
sentencing report. This report should be prepared by the parole officer in which
the conduct of the accused in the society will be dealt and the victim may be
concerned to know the nature and seriousness of the offence.
ADVERSARIAL CRIMINAL JUSTICE SYSTEM This system followed in all
those countries that follow common law inherited from the British Colonial
Rulers. The countries like United Kingdom, United State of America andIndia
follow this model. The adversarial model of justice is close to Anglo-American
system and its past colonies. It advocates the supremacy of law, that is, equal
treatment of law for all segments of society. In this system accused is presumed
to be innocent and the burden is on the prosecution to prove beyond all reasonable
doubt and if there is any doubt, the benefit of doubt goes in favour of accused.
The accused also enjoys the right to silence and cannot be compelled to reply.
This right is guaranteed by Constitution of India in the form of fundamental right2
and also a universally recognized right of the accused.
In the adversarial system truth is supposed to emerge from the respective versions
of facts presented by the prosecution and the defense before a neutral judge. It
means the trial is not structured as an investigation into the truth but to reach a
just settlement between the parties. The role of the judge is that of impartial
umpire to see whether the prosecution has been able to prove the case beyond
reasonable doubt. The prosecution has to prove the guilt to the requisite standard.
At the heart of the trial lies the principle of orality, which provides that evidence
should generally be received through the live, oral testimony of witnesses in
court4 . The court is largely dependent upon the evidence presented by the parties.
Moreover this system owing to the conceptualization of crime as an offence
against the state, the criminal justice system is traditionally viewed as a system
to facilitate a conflict between the state and the accused.The victim is thereby
inherently excluded. individual’s right to privacy is best preserved under it. In
short there is a guarantee of fair trial.
The main disadvantage of this system is that, the system is heavily loaded in
favour of the accused and is insensitive to the victims plight and rights. Another
thing is that, in this system most of legal cases do not go to trial; this can lead to
great injustice when accused has an unskilled or overworked lawyer. It fails to
accurately resolve complex technical issue such as science, technology or tax or
accounting regulations. Too much insistence on procedure may lead to
unnecessary delay and that is the reason we can say that justice delayed is justice
denied. When we discuss about the role of victim then we found that, victim act
as a prosecution witness and he don’t have any place or voice in the system and
ultimately he becomes the neglected object and subject under the criminal justice
system
individual’s right to privacy is best preserved under it. In short there is a guarantee
of fair trial. The main disadvantage of this system is that, the system is heavily
loaded in favour of the accused and is insensitive to the victims plight and rights.
Another thing is that, in this system most of legal cases do not go to trial; this can
lead to great injustice when accused has an unskilled or overworked lawyer. It
fails to accurately resolve complex technical issue such as science, technology or
tax or accounting regulations. Too much insistence on procedure may lead to
unnecessary delay and that is the reason we can say that justice delayed is justice
denied. When we discuss about the role of victim then we found that, victim act
as a prosecution witness and he don’t have any place or voice in the system and
ultimately he becomes the neglected object and subject under the criminal justice
system.
INDIAN CRIMINAL JUSTICE SYSTEM
The system followed in India for dispensation of criminal justice is the adversarial
criminal justice system derived it from British model. But when we try to trace
the history of Indian Criminal Justice System we found that there are different
phases of this criminal justice system. With the passage of time the changes took
place from time to time as there was no uniform criminal justice system in India.
The criminal justice system in India has evolved over a period of three thousand
years. Initially, the Law or Dharma, as propounded in the Vedas was considered
supreme in ancient India and the King had no legislative power. But gradually,
this situation changed and the King started making laws and regulations keeping
in view the customs and local usages.
The punishments during ancient India were cruel, barbarous and inhuman. As
regards the procedure and quantum of the punishments there were contradictions
among various Smritis and in certain cases even among the provisions found in
one Smriti itself. The system of awarding punishments on the basis of Varna
contravened the concept of equality of all human beings as propounded by the
Vedas. The penalty for crime was increasingly severe the higher the Varna of the
victim and lower the Varna of the perpetrator8 .The discriminatory system of
inflicting punishments and contradictory provisions in different legal literature
made the criminal justice system defective and confusing
During the Muslim rule in India though enlightened monarchs like Sher Shah Suri
and Akbar showed great zeal to administer justice impartially, yet as a whole the
administration of justice during the Muslim period in India suffered from defects.
The concept of equality was applicable only to the Muslim population in India
and thus the bulk of the population, i.e. non-Muslims, was subjected to
humiliating discrimination. The Hindus suffered in almost similar manner as the
people of lower Varna suffered at the hands the people of higher Varna among
the Hindus. The major defect of Muslim criminal law was that most of the crimes
were considered private affairs of the individuals. Many offences, including
murder, could be compounded by the payment of ditya, i.e. blood money and
human life was considered rather cheap, capable of assessment in terms of
money. The criminal justice system developed by the Muslim rulers continued in
India even after the British took control of India. It was in 1860 that the
codification of laws changed the discriminatory provisions of Muslim criminal
law.
The Britishers after assuming power in India found the then prevailing criminal
justice administration is defective and decided to bring the drastic changes in it.
The major credit goes to Lord Cornwallis who made detailed studies of the
existing conditions of the criminal justice administration and introduced many
reforms to revamp the whole system. Lord Hastings took special interest in
reorganizing the police force to deal with the criminals and maintain law and
order in the country. At the same time we cannot ignore the work of Lord
Macaulay who is considered as father of Indian Penal Code which was passed by
the British Parliament in 1860. Hence this was the first step to supersede the
Mohammedan criminal law and applies the code uniformly to all the people apart
from their caste and religion.
The Britishers introduced reforms wherever necessary. They adopted new
principles by modifying the existing laws wherever required and made new laws
where they felt it was a must. The institutions of police, magistracy, judiciary and
jails developed during the British period still continue without significant changes
in their structure and functioning. However, the British rulers also, while
restructuring the criminal justice system, did not fully implement the concept of
equality. The reforms introduced by them treated all Indians and non-British
Europeans equally but the Britishers always enjoyed special privileges. It was
only with the Constitution of India coming into existence which fully recognized
the right to equality before law and incorporated the same as a Fundamental
Right.
From above discussion it is clear that the Indian criminal justice system mainly
based on British model as Britishers ruled this country for hundreds of year and
passed several laws and codes which are the basic foundations of present criminal
justice system. One thing is certain that due to the arrival of Britishers and the
efforts taken by them, it is possible to establish uniform criminal justice system
in India
Criticism of Adversarial system:
1. In this system, the lawyer has the duty to act zealously and faithfully for
his client. Zealous, faithful advocacy means the obligation to search out all
favorable evidence, to seek, neutralize or destroy all unfavorable evidence,
and to press the most favorable interpretation of the law for his client.
2. Sometimes protection of individual rights and a presumption of innocence
and benefit of doubt leads to the release of a criminal.
3. Evidences are presented by parties, sometimes parties intentionally take a
too long time to present them.
 4. The decision maker will hear only the evidences which the parties want to
present because evidence gathering and presentation is fully controlled by
parties.
5. Parties may bring fake witnesses to distort the truth.
6. Rules require advocacy and client loyalty which undermines the search for
truth.
7. The police sometime may not be able to find sufficient evidence against
the accused. He cannot expect any help from the accused. This leads to
dropping-out of the case.
Criticism of inquisitorial system:
1. Examining magistrate and judge both are having unchecked power to
investigate and adjudicate the case.
2. When court participates in the interrogation it may lead to a biased attitude.
3. Privacy of the accused is denied.
4. Prosecutor and police exceed or misuse their power because both are
having separate law to deal with their conduct.
5. Parties are not able to call own expert.
Conclusion:
If the matter is only to decide a case in favor of either of the parties, it is not a
big deal at all but there is a proper procedure established step by step to reach
the common objective which is a punishment to the offender and relief to the
victim and ensure a fair trial. Both the systems have their own procedure,
advantages and disadvantages also. Adversarial and inquisitorial both are
criticized, the reliability of the judgments is challenged but still, it is
prevailing.
In adversarial system accused and state are the parties in a criminal case
whereas in the inquisitorial victim is also a party, I think this feature of the
adversarial system is good. Basic principles of adversary system like the
presumption of innocence and proof of guilt beyond reasonable doubt is good,
because when a person is accused of committing any offence, he is mere an
accused not an offender or criminal, he should have rights which are denied
in an inquisitorial system. Having own critics and features, both the systems
have the same objective.
The procedure here, is outlined as follows –
 1. Framing of charges
2. Recording of evidences presented by the prosecution
3. The statement of the accused
4. Consideration of the evidence provided by the defense
5. Presenting closing and final arguments
6. Judgement by the court
Distinction between adversarial and inquisitorial system.
Adversarial System Inquisitorial System

The adversarial system aims to get the truth The inquisitorial system is generally aims to
through the open competition between the get the truth of the matter through extensive
prosecution and the defence. investigation and examination of all
evidence.

In an adversarial system all parties determine In an inquisitorial system the conduct of the
what witnesses they call and the nature of the trial is in the hands of the court. The trial
evidence they give. The court overseeing the judge determines what witnesses to call &
process by which evidence is given. order in which they are to be heard.

In adversarial systems previous decisions by There is little use of judicial precedent in

higher courts are binding on lower courts. inquisitorial systems. This means Judges are
free to decide each case independently of
previous decisions by applying the relevant
statutes.

In an adversarial system the rule of lawyers In an inquisitorial system the rule of lawyers
is active. is passive.

The judges pronounce judgment depending The judge plays an active rule for questioing
on the hearing, evidence or on the basis of & hearing the parties directly.
examination & cross-examination.

In an adversarial system the rule of the In an inquisitorial system the rule of the
judges are merely passive in nature. judges is very active.

The case management does not depends upon The case management depends upon the
the judges so the judges contribution is very judges so the judges contribution is very high
low for the disposal of any case. for the disposal of any case.

In an adversarial system all references are In an inquisitorial system references also

presented by the respective lawyers of both presented by the judge & they play’s an
the parties. active rule.
The case management depends upon the The case management depends upon the
lawyer’s of both the parties & they get judges and the judges fixes the term for the
unfattered opportunity for the case disposal of any case.
management upon there own wishes.

In an adversarial system the hearing, In an inquisitorial system documents and

evidence or examination & cross- information about the real facts get priority.
examination done by the lawyer get priority.

Case management is not effective under this
system because the judges can not exchange
views with the parties for taking any
decision. So no initiative can be taken for
speedy disposal of any case.
Case management is effective under this
system & the judges sits with the parties and
can exchange views for taking any decision
for speedy disposal of any case.

In an adversarial system judges has In an inquisitorial system judges have wide

discretionary power but that is not wide by discretionary power.
the evidence.

Repeated time petition (common practice) is
permitted at the time of continuance of the
case & the lawyer’s take the opportunity of
making time petition. So delay occurs in
disposal of any cases.
The main object of this system is to reduce
the time for disposing a case and to ensure
speedy justice. Judge plays an active role in
deciding time petition & may honored or
reject time petition.

*****
MODULE 6