Introduction
The criminal justice system in India has evolved over centuries, shaped by ancient customs, colonial rule, and modern legal reforms. Its journey reflects India’s transition from traditional systems of punishment to a structured, rights-based legal framework.
1. Ancient Period
- Manu Smriti and Arthashastra: These ancient texts outlined laws and punishments based on caste, status, and morality. Justice was more personal and often harsh.
- Community Justice: Local elders or kings delivered judgments. Punishments were immediate and included exile, physical punishment, and social boycotts.
2. Medieval Period
- Mughal Rule: The criminal justice system was influenced by Islamic law (Sharia). Qazis acted as judges, and punishments were strict, including corporal penalties.
- Lack of Uniformity: Justice was often arbitrary and depended on the ruler’s interpretation.
3. Colonial Period (British Rule)
- Codification of Laws: The British introduced codified laws, such as the Indian Penal Code (1860), Criminal Procedure Code (CrPC), and Indian Evidence Act (1872).
- Structured Judiciary: A formal court system was set up, and judges were appointed to interpret the laws uniformly.
- Police Force: The Indian Police Act of 1861 established the police as a law enforcement agency under colonial control.
4. Post-Independence Era
- Constitution of India: Came into force in 1950, guaranteeing fundamental rights, legal aid, and fair trial procedures.
- Reforms: Focus on rehabilitation rather than just punishment. Institutions like the National Human Rights Commission and Legal Services Authorities were introduced.
- Judicial Activism: Courts began to protect the rights of the underprivileged and intervene in criminal justice issues through Public Interest Litigation (PIL).
5. Recent Developments
- Technology in Policing: Use of CCTV, forensic labs, and cybercrime units.
- Fast Track Courts: For speedy trial of cases like rape and corruption.
- Reforms in Prison System: Emphasis on prisoners’ rights and rehabilitation.
Conclusion
The Indian criminal justice system has come a long way from ancient codes to a rights-based and constitutionally governed framework. However, challenges like delays, corruption, and lack of access to justice remain, highlighting the need for continuous reforms and modernization.