CRIMINAL JUSTICE ADMINISTRATION AND ROAD AHEAD

The Indian Criminal Justice system en-route the criminal procedure established in 1973 has armed the Indian Courts to punish the perpetrator. To deal with the vicissitudes, the Criminal Justice System counts on the inherent powers of the Court to reach the ends of justice which is limited to the High Courts. In pith and substance inherent powers of the court means that while adjudicating on any matter, if the procedural law is silent on any specific point the adjudicatory authority has discretionary power in civil as well as criminal matters to adjudicate the same on its very discretion to meet the ends of justice. Criminal Justice Administration and Road Ahead” dealing with An approach to Gender Neutrality in the Offence of Rape in India; Inherent Powers of the Court: A Road Ahead to Courts; Victimisation vis-a-vis Vulnerability; Violence Against Women: Criminal Justice Process; Crime and Violence: Study with reference to Kolkata; Rape Laws Across Cultures: A comparative Study of the USA, UK and India; The Law on Necrophilia : An Evaluation; Section 498A : A Need to Revisit; Traditional Criminal Justice System and Juvenile Justice System in India: A Comparative Study; Cyber Victims: Neglected Class under Compensatory Jurisprudence; Hostile Witnesses: Issues and Challenges; Admissibility of Forensic Evidence in Criminal Cases in India : A Critical Analysis of Due Process of Law; Alternative to Imprisonment: A Road Ahead.

The Indian criminal justice system, shaped significantly by the criminal procedure established in 1973, provides the courts with a comprehensive framework for dealing with crime, protecting the rights of individuals, and ensuring the administration of justice. However, the complexities of contemporary society frequently present situations that cannot be addressed adequately through procedural provisions alone. In such circumstances, the inherent powers of courts play an important role in enabling the judiciary to secure the ends of justice, particularly within the jurisdiction of the High Courts.

In essence, the inherent powers of a court provide judicial discretion where procedural law may be silent or insufficient on a particular issue. These powers enable courts to respond to exceptional circumstances and prevent the misuse of legal processes while ensuring that justice remains the ultimate objective of adjudication. Against this background, Criminal Justice Administration and Road Ahead presents a comprehensive collection of scholarly perspectives examining important legal, social, and procedural dimensions of criminal justice administration in India.

The book explores gender neutrality in rape laws, examining the need to reconsider conventional approaches to sexual offences and the broader implications of gender-inclusive criminal law. It also analyses the inherent powers of courts and their potential role in addressing emerging legal challenges while maintaining the principles of fairness and justice.

A significant portion of the book focuses on victimisation, vulnerability, and violence against women, examining the relationship between gender-based violence and the criminal justice process. The discussion is further broadened through a study of crime and violence with particular reference to Kolkata, providing a contextual perspective on criminality and its social consequences.

The book also undertakes a comparative examination of rape laws in the United States, the United Kingdom, and India, highlighting similarities, differences, and possible areas for legal development. Contemporary and relatively under-explored issues are addressed through an evaluation of the law relating to necrophilia and a critical reconsideration of Section 498A, raising important questions concerning its application, effectiveness, and the need for reform.

Another important theme is the administration of justice involving children. The book compares the traditional criminal justice system with the juvenile justice system in India, highlighting the distinctive principles and approaches required when dealing with young offenders.

The challenges faced by victims and participants within the justice system are further examined through discussions on cyber victims and compensatory jurisprudence, hostile witnesses, and the admissibility of forensic evidence in criminal cases. Particular attention is given to due process and the evidentiary challenges associated with the increasing reliance on forensic techniques.

The book concludes by considering alternatives to conventional imprisonment and examining the possibilities of alternative forms of punishment and correction. This approach encourages a broader understanding of criminal justice—one that balances accountability with rehabilitation, victim protection, procedural fairness, and human rights.

Overall, Criminal Justice Administration and Road Ahead offers a multidimensional examination of contemporary criminal justice issues in India. By bringing together comparative, constitutional, procedural, social, and human-rights perspectives, the book provides valuable insights into the challenges confronting criminal justice administration and the reforms necessary to make the system more responsive, equitable, and effective.