CRIMINAL JUSICE SYSTEM IN INDIA

Abstract

The idea of a crime-free society is a fantasy. Crime is deep rooted in society. Although most individuals believe in the "live and let live" philosophy, there are a few who, for whatever reason, break from this usual behavioural pattern and interact with anti-social elements. This clearly imposes a duty on the state to preserve social normality. For the existence of a crime- free society there should be a sound and efficient criminal justice system in a proper functioning manner. Criminal justice system usually provides punishment to the wrongdoer and provides protection to the innocent. However, due to rapidly changing societal norms and feelings of the people during the previous two centuries, the practice of punishment and public perception about it have been significantly altered. As a result, the issue of crime, criminals, and punishment is capturing the attention of criminologists and penologists all over the world. Thus, punishment can be applied to reduce the occurrence of criminal behaviour by discouraging potential offenders, incapacitating and preventing repeat offenders, rectifying the crime, or reforming people into law-abiding citizens. As a result, theories of punishment involve broad approaches for dealing with crime and criminals. There are four widely recognised punishment theories in India: deterrent, retributive, preventative, and reformative. It should be recognised, however, that these views are not mutually exclusive, and that each plays a vital role in dealing with prospective offenders.