14 The prosperity of a nation depends upon the existence of law and order which is the primary function of the state. The quality of civil society depends upon the performance of the state in discharging its basic function. The need for an evolving criminal justice administration was felt in a plural and democratic society having ethnic minorities and diversities. The fast changing socio-economic and political environment has created tremendous systematic stresses and strains, challenging the very stability of the system. In India, in ancient times, the administration of justice was necessary for the preservation and the protection of Dharma. The justice was administered with the help of purohita and there has been elitist bias throughout the country in the administration of justice. Similar has been the case in medieval period when the invaders in the country, specially the Mughals, regulated justice to preserve and protect the values of Islam. They treated differently people of different religious beliefs. Likewise, the British rulers looked at the judicial system as an instrument to uphold the colonial rule in India. The criminal justice administration in India has witnessed numerous shifts in implementation of the laws. The feudalist bias could be observed in the Dharma, in the Islamic law and the colonial law. The guiding principle in the criminal law has been rotating around the type of ruler, the objectives behind the rule, and the customs that the rulers followed. In modern times, the law has procedures in built in the system. The justice has become costly and beyond the reach of poor. Complicated for an ordinary person to understand and is much time consuming. Moneyed men and those wielding power can get the justice. Intentionally or unintentionally the law is so made that it has developed bias towards the poor‟s, who in fact cannot go to the courts and get justice. The elitist bias has entered all walks of life and influenced the Criminal Justice
61
Embed
Dharma. The justice was administered with theshodhganga.inflibnet.ac.in/bitstream/10603/10375/10/10_chapter 1.p… · The criminal justice administration one of the most important
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
14
The prosperity of a nation depends upon the existence of law and order which
is the primary function of the state. The quality of civil society depends upon the
performance of the state in discharging its basic function. The need for an evolving
criminal justice administration was felt in a plural and democratic society having
ethnic minorities and diversities. The fast changing socio-economic and political
environment has created tremendous systematic stresses and strains, challenging the
very stability of the system.
In India, in ancient times, the administration of justice was necessary for the
preservation and the protection of Dharma. The justice was administered with the
help of purohita and there has been elitist bias throughout the country in the
administration of justice. Similar has been the case in medieval period when the
invaders in the country, specially the Mughals, regulated justice to preserve and
protect the values of Islam. They treated differently people of different religious
beliefs. Likewise, the British rulers looked at the judicial system as an instrument to
uphold the colonial rule in India. The criminal justice
administration in India has witnessed numerous shifts in implementation of the laws.
The feudalist bias could be observed in the Dharma, in the Islamic law and the
colonial law. The guiding principle in the criminal law has been rotating around the
type of ruler, the objectives behind the rule, and the customs that the rulers followed.
In modern times, the law has procedures in built in the system. The justice has
become costly and beyond the reach of poor. Complicated for an ordinary person to
understand and is much time consuming. Moneyed men and those wielding power can
get the justice. Intentionally or unintentionally the law is so made that it has
developed bias towards the poor‟s, who in fact cannot go to the courts and get justice.
The elitist bias has entered all walks of life and influenced the Criminal Justice
15
administration.
The judicial institutions have existed in the country since time immemorial. In
every age, there have been different types of crime and different types of punishment
for offences. This pinpoints that the objectives of the criminal justice administration
have been changing from time to time and from one period of history to another. It
may be of interest to the students of the criminal justice administration to look closely
into the changes which have taken place owing to political and economic changes
during different phases of the history.
Criminal Justice is the system of practices, and organisations, use by National
and local governments, directed at maintaining social control, deter and controlling
crime, and sanctioning those who violate laws with criminal penalties. The primary
agencies charged with these responsibilities are law enforcement (police and
prosecutors), courts, defence attorneys and local jails and prisons which administer
the procedures for arrest, charging, adjudication and punishment of those found
guilty. When processing the accused through the criminal justice system.
The method of dealing with crime is commonly known as the criminal justice
administration. Once a certain action occurs, it is the function of the criminal justice
administration to determine whether that action has violated the rights and liberties of
individuals or not and, if it has, then to take the steps necessary to rectify imbalance
created by the criminal act. The criminal justice administration, thus, is designed to
address only one dimension of the crime problem: justice: In performing this function,
the criminal justice administration necessarily adopts an exclusively post-oriented
approach focusing on past criminal actions. The need for criminal justice
administration was felt because state has considered it appropriate to enforce the
standard of human conduct so necessary to protecting individuals and community. It
16
seeks to fulfill its goal of protection through enforcement by reducing the risk of
crime and apprehending prosecuting, convicting and sentencing those individuals who
violate rules and law promulgated by society.1
The criminal justice administration one of the most important organ of the
constitutional democracy to protect peoples‟ rights as well as the interest of the state.
The principal objectives of the criminal justice system and its administration are to
enforce rule of law and order, convict the offenders committing crime and
rehabilitating the violators of law in the society with the help of correction system of
justice. For the attainment of these objectives, a network consisting of the police, bar,
judiciary and correctional services constitute the criminal justice system. Since the
criminal law provides the basic framework for the whole criminal justice
administration, it is also considered as a component of the whole system.2
NATURE OF CRIMINAL JUSTICE ADMINISTRATION
Criminal Justice dispensation system is as old as mankind itself. It is often said
that the crime and the man were born together, with the development of the society.
The criminal justice administration prevalent in the country affects mostly the poor
section of the society as both the victim and accused constitute about 90% per cent of
the litigants involved in the criminal litigation system.3 The criminal justice is the
system of practices, and organizations, used by national and local governments
directed at maintaining social control, deter and controlling crime and sanctioning
those who violate laws with criminal penalties. The primary agencies charged with
these responsibilities are law enforcement police and prosecutors, courts defence
1 N.K. Dutta, Origin and Development of Criminal Justice System in India, Deep and Deep
Publication, New Delhi, 1990, p.12. 2 Alan Bent and Ralph R. Russum, The Criminal Justice System: The Police, Court and Correction,
Harper and Raw Publication, New York, 1976, p.172. 3 R.P. Sethi, “Criminal Justice: Problems and Challenges”, The Indian Journal of Parliamentary
Affair, Bangalore, January 2001, p.23.
17
attorneys and local jail and prisons which administer the processing of the accused
through the Criminal Justice Administration.4 More than 1000 years prior to the mid-
twentieth century, the victim of crime in our society- and in the administration of
justice has been ignored. Reflection of this nature is heard perhaps more often today
than ever before, thus it points to the direction, which is new to the criminal justice
administration of devolving countries.5
The jurisprudence of ancient India, which was essentially Hindu-ruled, was
shaped by the concept of Dharma as outlined in the various manuals explaining the
Vedic scriptures such as a Purans and Smritis.6 The king had no independent
authority but derived his powers from „Dharma‟ which king was expected to uphold.
The distinct between a civil wrong and a criminal offence was clear. While civil
wrongs related mainly to disputes arising over wealth.7 The Mauryas dynasty had a
rigorous penal system which prescribed mutilation as well as the death penalty for
even trivial offences.8
The Dharmasahtra code was drawn up by Manu, an important Hindu jurist.
The code recognized assault and other bodily injuries and property offences such as
theft and robbery,9 and during the rule of Gupta‟s dynasty, the judicial hierarchy was
formed. The judiciary was comprised of the guild, the folk assembly or the council
and the king himself. Judicial decisions conformed to legal texts, social usage and the
edict of the king, who was prohibited from violating the decisions.10
4 Samuel Barkar, “Origin of the Contemporary Criminal Justice Paradigm”, American Bar
Sanjay K. Kaul, “Delays”, Seminar No. 325, New Delhi, 1988.
32
of the litigants and some of lawyers. He suggested that the courts procedure should
also be simplified in order to prevent delay.
V.R. Krishna Iyer52
examined the views of founding fathers of the constitution
who had laid down for us a constitutional jurisprudence of judicial power but the
integral component of the judicial accountability had not been designed with the sense
of principled pragmatism. As a result, the escalating misconduct of judges has often
gone barring, the extreme measure of impeachment the law is silent, so much so that
one might well say that the accountability of the judiciary is the vanishing point of
jurisprudence. This void, unless completely covered by well thought out legislation, is
bound to undermine the democratic credibility of the judiciary.
P.M. Bakshi53
has made an attempt to define criminal law and delineated its
role. He has also identified some serous problems which criminal justice system is
facing at present due to its expending role in the present context. He expressed the
view that the future of the criminal justice system does not lie merely in the hands of
judiciary or the police. The law-makers and the bureaucracy and the general public as
well as socio-economic planners, have also very important role to play.
D.R. Singh54
traced the evolution of criminal justice system in India from
early Vedic times to present times. He has examined the present system of
administration of justice and law in India, which had the legacy of the British
government. He has also expressed the view that the Law Commission should review
the system of judicial administration in all its aspects and suggests ways and means
52
V.R. Krishna Iyer, “Judicial Accountability to the Community: A Democratic Necessity”,
Economic and Political Weekly, Vol. XXVI, No. 3, Bombay, July 27, 1991. 53 P.M. Bakshi, "Problems in Criminal Justice Administration", Deep and Deep Publication, New
Delhi, 1998. 54
D.R. Singh, “Evolution of Indian Criminal Justice System: Influence of Political and Economic
Factors”, The Indian Journal of Public Administration, Vol. XL, No. 3, Indian Institute of Public
Administration, New Delhi, July-September 1995.
33
for improving it, making it speedy and less expensive. He has also examined court-
legislature relationship. He concluded that politico-economic situation in the country
influence the Criminal Justice System in many ways.
S.K. Parchauri55
has made an attempt to analyse various principles of natural
justice. He regarded natural justice as an essential ingredient of administrative law. It
is the cornerstone around which modern jurisprudence and administration of law and
justice has been reared and is fundamental principle of justice and fair play. He has
also discussed the various factors that play a very significant role in the
operationalisation and maintenance of natural justice in the administrative action to
bring it to the level of Dharma.
Ashok Mukhapadhya56
traced the system of administration of justice in India,
since ancient time to Manu. He focussed three judicial institutions at grassroots level
in India i.e. Lok Adalat, Family Court and Nyay Panchayats. He has narrated the
experience of West Bengal, only while analysing organisation, nature, jurisprudence
and impact of these institutions. He suggested that these institutions may be given a
fair trial.
Justice Rama Jois57
highlighted the main characteristics of ancient Indian
states. He expressed the view that supremacy of law, the cornerstone of modern
democratic government was the basis on which the edifice of ancient administration
was build up. He analysed the various laws that regulated the conduct of individuals
and their enforcement through officers and servants of the state. He also described the
55
S.K. Parchuri, “Natural Justice and Ethics of Administration”, The Indian Journal of Public
Administration, Vol. XLI, No. 3, The Indian Institution of Public Administration, New Delhi, July-
September 1995. 56
Ashok Mukhapadhya, “India‟s Grassroots Judiciary”, The Indian Journal of Public
Administration, Vol. XLV, No. 3, The Indian Institute of Public Administration, New Delhi, July-
September 1999 57
Justice Rama Jois, Seeds of Modern Public Laws in Ancient India Jurisprudence, IInd Edition,
Eastern Book Company, Lucknow, 2000, p.234.
34
pattern of governmental functions within various departments to look after specific
items of work. He also analysed the various aspects of justice delivery system in the
ancient Indian states. He also made an attempt to examine the manner in which the
ancient Indian legal system functioned.
Marudhar Mrudhul58
has made a humble attempt to examine the role of
judiciary in the constitutional history of India. The Indian constitution had clearly
delineated the powers and the duties of legislature and of the executive and to some
extent the judiciary too, but so far judiciary is concerned, the powers vested in
Supreme Court and High Courts have been left untrammelled. He held the opinion
that court‟s powers of judicial review of all governmental actions has promoted
administrative accountability in the system of governance. He expressed the view that
court in India had never overstepped their authority for which India must feel proud in
the annals of human history.
G.C. Singhvi59
has suggested co-ordination between the different agencies of
the criminal justice system (police, prosecution, executive magistracy, judiciary,
prison etc.) not only at the district and state levels but also at the national level. At the
district level, all heads of these agencies should meet periodically and sort out mutual
problems. He suggested that at the national level, there should be a Criminal Justice
Commission, which should be a permanent body like Law Commission.
Andrew Ashworth60
made an attempt to examine the most controversial areas
of the entire criminal process: the pre-trial stage, taking as his starting point the
government to provide various services to help the victims of violent crimes. He also
gave suggestions to improve the service delivery system meant for victims of violent
crimes. He also felt the need to provide immediate short term psychosocial treatment
to crime victims.
S.K. Ghosh89
made a survey of women in policing in sixty eighty countries
around the world. He analysed many issues relating to women policing which are well
suited to fulfil policemen‟s role. He also analysed the statistical profile of police
women, their salaries, education and the cultural norms and psychological self-
concepts that have produced the problem confronting police-women. He also analysed
the problem of neglected and unwanted children. He also examined the role of various
women movements which had spread in different parts of the world for raising the
question of protection of women and children in police custody and realising the
authorities to recruit women in police administration. He said many democratic
countries have now recruited women in police administration and entrusted duties to
deal with women and children.
K. Alexander90
critically examined the performance of police in the state of
Karela. He argued that the functioning of the police in the Karela shows a sense of
distrust and antipathy among the people. There is a wide gap between the perception
of the people as police and their performance. He stated that two attempts had been
made in Kerala to reform police administration since the inception of the state of
Kerala on November 1, 1956. The Karela police Reorganization Commission was
88 Albert. R. Robeht, Helping Crime Victim, Sage Publication, New Delhi, 1990. 89
S.K. Ghosh, Women in Policing, Light and Life Publishers, New Delhi, 1986. 90 K. Alexander, Police Reforms in India, Discovery Publishing House, New Delhi,
2006.
46
constituent in 1982 and the second was the internal ad-hoc and piecemeal committee
constituted at the initiative of the head of the Police Department. The
recommendations made by both the committees had not been implemented.
Deol Mukherjee91
made two empirical cases studies to examine the magnitude
of crime against women in developed and developing world. The first study focussed
on how socio-economic parameters and environment could play a role to promote
crime and disorder in cities. The second study focussed on remedial measures to
contain rising crime. She also explained some laws on rapes, harassment and sexual
assault in both India and Canada. She felt that such laws had proved counter
productive and more sensitivity on the part of policy makers to ensure the rights of
women. She argued that both government and the media should find ways and means
to strengthen legislation to protect the “vulnerable” women.
Carol Smart92
presented a feminist critique of classical and contemporary
theories of female criminality. She also examined the types of offences committed by
female offenders. She point out certain fallacies inherent in a “reliance”, on official
statistics and shows deficiencies of the currently popular argument that female
emancipation cause increases in female crime rates. She dealt with the study of
prosecution and rape and considered the treatment of women as offenders and victim
by the criminal law, police, courts and the penal system. She examined the question of
lenient treatment for female offenders. She concluded that both women and girls are
in some important instances, actually discrimination against in our legal and penal
system. She discussed the relationship between the female criminality and mental
illness and also dealt with some of the problem inherent in developing a feminist
91
Deol Mukherjee, Women and Urban Crime, Kalpaz Publication, Delhi, 2005. 92
Carol Smart, Women Crime and Criminology: A Feminist Critique, Routledge and Kegan Press
Ltd, London, 1977.
47
criminology.
U.C. Jain and Jeevan Nair93
stated that in any system of government the
judiciary plays a major role in the quality of governance of the country. They stated
that if the judiciary is given real independence and full freedom to scan executive
decision and policies in the light of the constitution of the country concerned, it makes
good governance and to a legal degree, prevent exploitation of the poor and weaker
sections of society. They described that India is fortune to have such a system of
government where the judiciary is respected not only by the executive wing of
government but also by the people. There have been many occasions in India when
the supreme court of India has been approached to decide on disputes between the
centre and the state governments. Many a times, the policies and decisions made by
executive have been questioned by a person or a section of society in the court of law.
There are many grave instances when the Supreme Court of India has taken suo moto
cognisance of certain actions of the executive.
S.K. Ghosh94
observed that the safeguards provided in the Constitution and
criminal laws and the directions issues by the courts to the executive for the protection
of prisoners in police custody has been systematically violated. The old prejudice and
public distrust against the police far from being declining, have surfaced periodically
in severity after independence. Most of the disturbing developments over the years
have shown that policemen, by and large have become corrupt. The nexus between
politicians, gangsters and police has developed which has adversely affected law and
order situation in the country.
93
U.C. Jain and Jeevan Nair, Judiciary in India, Pointer Publishers, Jaipur,2000. 94
S.K. Ghosh, Torture and Rape in Police Custody: An Analysis, Ashish Publishing House, New
Delhi, 1993.
48
S.R. Myneni95
revealed that law cannot make any distinction between men and
relating to women. All laws are equally applicable to both men and women. He
examined certain enactments that are intended to upright the dignity and status of
women in society. She said that enactments relating to women are two kinds – one
equally applicable to both men and women and another applicable to women only.
She also analysed various major burning issues like dowry torture, dowry death, wife
battering. Rape, sexual harassment etc. and suggested some measures to eradicate
these types of heinous crimes.
Shubra Ghosh96
examined the role of society in checking the menace of
criminals. She also made an attempt to examine the existing behavioural pattern of
women convicts confined in female jail. She presented a theoretical framework for the
formulation of an effective strategy towards the care treatment and rehabilitation of
female offenders in the Indian setting.
Trilok Nath97
has observed that the present type of training is entirely useless
for the policemen with regard to the philosophy of training; the idea should be to
inject a new soul in the working force. He has viewed that there is corruption in the
police force and has suggested for decentralisation of power in the police
administration with a view to end favouritism and nepotism.
Shriram Maheshwari98
has identified the major grievances of the policeman as
inadequate emoluments, lack of housing, long hours of duty, use of the policemen for
personal work of the officer, harsh treatments accorded to the policemen, insecurity of
job and inadequate promotional opportunities. The present machinery for redressed of
95
S.R. Myneni, Women and Law, Asian Law House, Hyderabad, 2000. 96
Shubra Ghosh, Female Criminals in India, Uppal Publishing House, New Delhi, 1986. 97
Trilok Nath, The Police Problem, Vikas Publications, Delhi, 1983. 98
Shri Ram Maheshwari, “Unionism in the Police: Redressal of Police Personnel‟s Grievances”,
Indian Journal of Public Administration, Vol. XXXIV, No. 24, Indian Institute of Public
Administration, New Delhi, 1978.
49
grievances is inadequate and the personnel have started forming police associations
and resorted to agitations leading to indiscipline. Therefore, indiscipline and defiance
of authority in the police must neither be encouraged nor tolerated. The machinery for
redressal of grievances must be taken seriously by the senior hierarchy and complaints
made in these forums must be processed quickly and imaginatively so that they
inspire the confidence of the rank and file.
K.C. Shukla99
revealed that functionaries of criminal justice have been
endowed with a very important responsibility. The reforms are needed in the
procedures of recruitment, training operations as well as the attitudes, ideas, motives,
prejudices etc., of the jail officials. He provoked that the system needs introspection.
He examined various issues confronting the criminal justice system in the
contemporary period and called for a comprehensive review and resultant
modifications in the attitude of functionaries.
S.P. Sangar100
has described that crime is as old as society itself. He described
various types of crime i.e. violent crime, organised crime, white collar crime, sexual
crimes as well as the concept of punishment. He stated that in medieval India,
imprisonment like others forms of punishment viz., internment banishment, whipping,
mutilation of offenders‟ limbs, impalement, execution, royal wrath, was the common
form of punishment. He suggested some measurement to eradicate such type of
heinous crime and such type of punishment. So that given punishment to criminals
may change attitude and behaviour of the offenders in a positive way.
99
K.C. Shukla, “Criminal Justice: Emerging Issues and Challenges”, Indian Journal of Public
Administration, Vol. XXXII, No. 3, Indian Institute of Public Administration, New Delhi, July-
September, 1985. 100
S.P. Sangar, Crime and Punishment in Mughal India, Sterling Publishers, Delhi, 1967.
50
Jaya Tilak Guha Roy101
discussed the nature and the pattern of crimes against
women with the help of statistical data. He took a serious view of the rising crime
against women which requires a serious thinking at the level of policy-makers. He
critically examined the role and the function of all police station/ cells. He suggested
number of measures to improve their performance. He also suggested the need to
utilize the services of voluntary women organisations in containing such type of
crimes and emphasised on setting up the women commissions at the centre and state
levels.
K.D. Gaur102
discussed the problem areas of judicial system and delayed
justice, rampant corruption at the different levels of judicial structure. He describes
the post independent socio-economic, culture and political development has also
subscribed to the erosion of the credibility of the judicial system as such instead of
functioning as a social engineer and integrator, the judiciary is tend to add to social
and legal chaos which ultimately speaks on its accountability factor.
Begum, S. Mehtaz103
examined the police administration at the district levels
from the superintendent of police to the constable and from the state police
headquarters to the police station in an organic unit. He also critically examined the
police administration at the organisational structure and police personnel management
with reference to recruitment, training, promotion, morale and also suggested the
remedial measure to strengthen the police administrations.
SCOPE OF THE STUDY
The present study was confined to the analyze of Criminal
101
Jaya Tilak Guha Roy, Police and Crime against Women: Emerging Issues and Challenges, B.R.
Publishing Corporation, New Delhi, 1996. 102
K.D. Gaur, Criminal Judicial System and Social Defence, APH Publishing House, New Delhi,
1998. 103
Began S. Methaz, District Police Administration, Mittal Publication, New Delhi, 1995.
51
justice administration in Punjab from 1990-2000.The research study
undertaken by researcher was unexplored and no research has been
taken earlier on Criminal justice administration in Punjab. Attempt
has been to fill the gap in the existing literature. The study examined
the role of enforcement agencies such as police, judiciary and Prison
Administration. The report of various Commissions and Committees
such as a National Police Commission, Malimath Committee,
Padmanabhaiah Committee established by Government from time to
time has been analyzed in detail. The recommendations of Second
Administrative Reforms Commission were also examined. Efforts have
also been made to review the working of Criminal justice
administration of Punjab with a view to offer concrete suggestions.
OBJECTIVES OF THE STUDY
1. To build up conceptual framework for the study.
2. To trace the historical evolution of criminal justice administration in Punjab.
3. To evaluate the working and role of the enforcement agencies dealing with
criminal justice administration of Punjab.
4. To examine the relationship among the enforcement agencies of criminal justice
administration in Punjab.
5. To examine the various loopholes in the existing framework of criminal justice
administration in Punjab.
6. To examine the recommendations of various Committees/ Commissions
constituted by Government for reforming criminal justice administration.
7. To give suggestions for strengthening the criminal justice administration in
52
Punjab.
HYPOTHESES
1. The existing laws meant for prevention of crime are outdated and not in tune with
the changing needs of the time.
2. The Criminal justice administration is comprised of different agencies like Police,
Judiciary, and Prison Administration. These agencies of criminal justice
administration are inter-related because the working of one agency affects the
others.
3. Criminal justice administration has been ineffective in dealing with crime in
Punjab.
4. There is lack of coordination and harmony between the police and prosecution.
5. Corruption, defective procedural laws, callous attitude of officials, lack of faith of
public, faulty and slipshod investigation are the main factors responsible for the
inefficiency of criminal justice administration.
RESEARCH METHODOLOGY
For the completion of this research work, primary as well as secondary
sources of information were tapped. The secondary sources were used to factual data
which includes books, journals, articles and newspapers. It also includes
Constitutional Assembly Debates on Criminal Justice Administration, Annual Reports
of the Ministry of Home Affairs, Annual Reports of the Department of Justice,
Ministry of Law and Justice, Report of the National Police Commission, various
judgments of Supreme Court and High Courts, The reports of National Police
Commission, Justice Malimath Committee, Padmanbhaiah Committee and Second
Administrative Reforms Commission were also examined and evaluated. The primary
sources of study consists of directly obtained information collected through direct
discussion and personal meetings with police officials, judicial officers and jail
53
officials. The information gathered their view point‟s regarding the problems and
performance of criminal justice administration in Punjab.
CHAPTERISATION
The study has been divided into eight chapters:
In the first chapter, attempt has been made to build conceptual framework of
the study. An exhaustive review of literature has also been undertaken. This chapter
also contains hypotheses, objectives of the study, scope of the study. The
methodology used in completing the research work has been explained.
The second chapter traced the evolution of criminal justice administration
from the Vedic period to the present with special focus on the growth of the
institutions like police, courts and jail administration. All the three components of
criminal justice administration were found to be well knit during that period.
In the third chapter, attempt has been made to examine the constitutional
provisions relating to criminal justice administration in India. Endeavour has also
been made to find out whether the objective envisaged by the framers of the
Constitution to establish a just society in India by ensuring fair and speedy criminal
justice administration has been achieved in India after 64 years of independence.
In the fourth chapter, the organizational pattern of criminal justice
administration of Punjab has been examined. In this chapter, the organizational
structure of all the three components viz; police, judiciary and jails administration has
been analyzed.
Attempt has been made in the fifth chapter to examine the working of three
major components of criminal justice administration in Punjab.
The sixth chapter examined the crimes scenario in Punjab from the period of
1990 to 2000. This chapter also evaluates the performances of Police, Judiciary and
54
Prisons.
The seventh chapter examined the recommendations of various Committees/
Commissions like the National Police Commission, Padmanabhaih committee,
Malimath Committee, which has been constituted by the Government time to time.
This chapter also examined the recommendations of the Second Administrative
Reforms Commission, which had been constituted by the Government for reforming
the working of the police and judiciary in India.
The last chapter sums up the main findings of the study. It also incorporated
suggestions for reforming criminal justice administration.
If men were angels, no government would be necessary. Every civilized
society in India has evolved a criminal justice administration. Its evolution has been
influenced by socio-economic and political conditions prevailing during different
phases of the history of India. Accordingly, the objectives of the criminal justice and
methods of its Administration changed from time to time and from one period of
history to another. To suit changing circumstances, the rules introduced new method
and techniques to enforce law and administer justice.
In early society, the victim had himself (as there was no state or other
authority) to punish the offender through retaliatory and revengeful methods; this was
naturally, governed by chance and personal passion.104
Even in the advanced Rig-
Vedic period, there is a mention that punishment to the thief rested upon with the very
person wronged.105
Gradually, individual revenge gave way to group revenge as the
man could not have grown and survived in complete isolation. For his very survival
and existence, it was necessary to live in groups. Group life necessitated consensus on