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Justice sysytem of india by M B Goud

C.R. em Bombay College of Pharmacy
4 de Nov de 2017
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Justice sysytem of india by M B Goud

  1. Joined Maharashtra Police Force in July 1965, As Police Sub-Inspector . Work in Mumbai City at Various Police Stations, SBI (I), SBI (II), CID, Arms. In 1978 Promoted as Police Inspector, In 1983 Promoted as Ass.Commissioner of Police. Worked as Dy.Controller of Civil Defense, Airport Division, Byculla Division and Promoted as Dy.Commissioner of Police in 1989. Held Charge of SB (I) , ADDL.SP Nanded, Principal Police Training School, LA (I), Airport Zone- VI,VII & VIII, Chief Security Officer M.S.Legislature Sec.Mum. Date of Appointment , Year OF Allotment (IPS-SPS-1991) In Recognition of excellence performance during the above period of service he has been awarded Police Medal for meritious service on the occasion of Republic Service Profile
  2. Stood Second in 33rd Batch of 1975 in Central Detective Training School, Hyderabad in Investigation of Forensic Science. Conducted 100 Seminars of Mumbai Police Officers after Communal Riots in Mumbai & Delivering Lectures in Maharashtra Police Academy & Schools.
  3. Justices System of India This write-up prepared by Mohan Goud (I.P.S) He joined as P.S.I in 1965 , in the year 1976 he became P.I . In the year 1981 he was promoted as A.C.P and the promoted as a D.C.P in 1989. Served in Mumbai in the capacity D.C.P / S.P on promotion as S.P he posted at D.C.P S.B 1 , then as additional S.P Nanded and later as principle P.T.S Khandala. He held post of D.C.P airport operation , zone 6 and 7 retd in 2002. In recognition of excellent performance during the above period of service he has been awarded Police Medal For meritorious service on the occasion of Republic Day , 1993. He has been appointed in I.P.S the year on allottment I.P.S – S.P.S 1991.
  4. The India accepted parliamentary democracy . Its justice system based on the views of Legislation , Executive and Judiciary . This write up is based on the 3 Major Acts viz -Indian Penal Code -Code of Criminal and Civil procegor -Indian Evidence Act Justices System of India
  5. Justices System of India Justice is the first virtue of social institutions, as truth is of systems of thought . --- John Rawls Is a unique system of the world it is essence of democratic countries but at present it has come on the threshold of criticism. Pre independent the law was implemented by the rulers and there administration was based on three major acts – IPC 1860, IEA 1872, CCP and CCP 1878-1973
  6. Justices System of India An Overview • Justice concerns the proper ordering of things and persons within a society. • As a concept it has been subject to philosophical, legal, and theological reflection and debate throughout history. • A number of important questions surrounding justice have been fiercely debated over the course of western history: – What is justice? – What does it demand of individuals and societies? – What is the proper distribution of wealth and resources in society: equal, meritocratic, according to status, or some other arrangement?
  7. Justices System of India An Overview • There are myriad possible answers to these questions from divergent perspectives on the political and philosophical spectrum. • Let us use the concept in very basic terms:
  8. Justices System of India 1. None should be victimized. He/she should be given justice as per his/her due right. 2. Justice delayed is justice denied. 3. Only Justice given in the court is legal justice however, revenge taken to meet justice on the road is a Crime. 4. This crime is not accepted in civilised society and such acts must be brought to justice. What is Justice ? How you Define
  9. Justices System of India What is Justice ? How you Define 5. Burden of proof is an important aspect. At the time when criminal liability to be fixed, whether accused has to prove his innocence or state has to prove his guilt beyond all reasonable doubt. 6. One woman went to the king and demanded justice that her husband has been killed by the kings authority. King told her that you can kill me. Lady bluntly stated that she had approached the king for justice not to take revenge. 7. In a democracy, Justice is administered by the Judiciary within the purview of three pillars: A. Legislature – The Creation B. Executive - The Execution C. Judiciary – The Implementation
  10. Justices System of India What is Justice ? How you Define 8. If “A” has inflicted injury to “B”, “B” must be compensated and rewarded damages. 9. Injury/Damage includes A. MIND B. REPUATION and C. PROPERTY. 10. Punishment should be Reformative and not Deformative
  11. 11. Mr. M. K. Gandhi introduced the concept of: A. Open Jail B. Let 100 criminals be released but an Innocent should not be hanged C. Hate the sin, not the sinner. 12. You may not take life if you cannot restore it! – Infringement of Fundamental Rights. Justices System of India What is Justice ? How you Define
  12. Justices System of India The Offence Offence Against Property Offence Against Property Criminal Civil Non- Cognizable Cognizabl e Criminal Justices System
  13. Justices System of India Offence Against Property
  14. Justices System of India Offence Against Property
  15. Justices System of India Offence Against Body
  16. Justices System of India Offence Against Body
  17. Justices System of India Police Station
  18. Justices System of India Police Station
  19. Justices System of India I. Offence Committed in Society II. Report at Police Station. i. FIR 154 CrPC. 156 (III) CrPC 202 CrPC ii. Panchanama 102 CRPC. iii. Statement of witnesses 161-162. iv. Object taken Charge or produced relating to offence. Police Station Charge Room
  20. Justices System of India v. Property movable to be seized. vi. Exhibits to be examined in the Light of Forensic Science. vii. Obtain opinion of experts. viii. Of Finger Prints & Hand Writing. ix. Statement of witnesses not signed. x. Statement of accused 24, 25, 26 IEA 160 CrPC. xi. Extra judicial statements. xii. Dying declaration 32 (1),I E A. Police Station Charge Room
  21. Justices System of India xiii. Search seizure arrest. xiv. Remand / Bail. xv. Opinion of experts. 1) Hand Writing. 2) Finger Prints. 3) Ballistic Experts - Made in ordinary course of business. 4) Chemical Analysers. 5) Electronic Gadgets / Death-Inquest, Coroner/ Police Station Charge Room
  22. Justices System of India Police Station Charge Room 6) Telephone, Tapes, E-Mail, Entry at various Institute, Banks, Posts etc. Documents, Confession, Admission. 7) Elimination system. 8) Identification parade of identification from public. 9) Injury certificates PM report. 10) Previous conduct / Subsequent conduct. 11) Offence - Chemical Analysers.
  23. Justices System of India Police Station Charge Room 12) Proclaimed absconding. 13) “A” Summery- True but undetected. “B” Summery- Maliciously false. “C” Summery- Neither true & false. Discharge accused u/s 169 CPC. If there is no prima-facie evidence. 14) Death-Inquest, Coroner/ Magistrate.
  24. Justices System of India Police Station Charge Room 15) WARNS the accused Under the provision of 164 CRPC i. You are not bound to make. ii. It should be voluntarily and true. iii. It should be used against him as evidence, gives time inspite of interval time if does not change his mind he can. iv. Extra judicial statement, confession – Accused is admitting his guilt before a person in confidence he knew that it will not be disclosed to any body else and use as evidence against him. v. Person can tell lie but circumstances cannot. vi. Salute is out word sign of in word respect
  25. Justices System of India Criminal Judicial System
  26. Justices System of India Criminal Judicial System
  27. Charge Sheet before Court 1) Framing of charge committed to Higher Court. 2) Issue process-summons, warrant bailable, non-bailable, declare absconder, confession u/s 164 CrPC. 3) Examination of prosecution witnesses ‘X’ by defense. 4) Production of exhibits through Panchas, witnesses and by police. 5) Examination of defense witnesses. 6) Observation by court “Hostile written” “X” by prosecution. 7) Argument of prosecutor 8) Argument of defense Justices System of India
  28. Charge Sheet before Court 9) Intervention if any 10) i. Admonished warning. ii. Simple imprisonment till court arise. iii. Fine 11)Pronouncing judgment request to appeal is garneted / non- garneted. 12) Released on bail till the appeal is over conviction is used against individual for preventive actions. 13) Person cannot be said convict unless all charges leveled against him are proved beyond all reasonable double till that time he is called innocent. Justices System of India
  29. Civil Judicial System Can lodge plaint directly to civil court where plaintiff will be examined and summonses are issued. The Court accepts the evidence through affidavit and most of the procedure like criminal covered in civil procedure code. Justices System of India
  30. Jail Justices System of India
  31. Jail Justices System of India
  32. Jail Justices System of India
  33. Civil Judicial System Justices System of India Parole : In extraordinary circumstances on medical ground /clean record accused can make an appeal to the high court and also request for Parole. Injunction : Solvency : Successions : Will proclaimed the offender and property attached.
  34. Civil Judicial System Justices System of India IV. Jail Simple imprisonment as per jail manual rigorous imprisonment parole. Police obtain details punishment undergone at jail Punishment 53 IPC. accused are liable under the provision of IPC. First – Death. Secondly – Imprisonment of life.
  35. Civil Judicial System Justices System of India Thirdly - Deleted by Act 17 of 1949 sec 21. Fourthly -(1) Rigorous that is with hard labour. (2) Simple. Fifthly - Forfeitures of property. Sixthly - Fine 65, 66, imprisonment of non-payment of fine 77 judge when acting indicial cannot be punished .
  36. Civil Judicial System Justices System of India • Externment proceedings – Under sec 56,57 CRPC. (TADIPAR) • 56- A person having conviction of body offences and again involved in similar offences can be externed. • 57- A person having conviction of property offences and again involved in similar offences can be externed.
  37. VI Chapter Proceedings Justices System of India 107CRPC – Likely to indulge similar offences again can be obtained bond for good behaviour 109- If person found indulging likely to be involved in various offences, can be asked to furnish a bond for good behaviour. 110- If a person found in repeating illegal activities and not coming under the clutches of law can be detained by the Special Executive Magistrate (Divi ACP) and asking the criminal to furnish a bond with cross surety.
  38. General Terminology Justices System of India 1. Statement of witnesses is not signed because it’s just police notes taken during course of investigation. It is used by court for only contradiction. 2. Opinion of Expert is admissible because expert is familiar in his profession for long time his opinion taken to account. 3. Identification parade Person is seen by the witness at the time of committing crime in mixed in crowd and allow witness to identify before Executive Magistrate. 4. During declaration –Admissible “Dying man will not meet his maker with lie in his mouth”.
  39. General Terminology Justices System of India 5. Statement or record made in a ordinary course of business is admissible. 6. Damage injury – 44 IPC defined MIND REPUTAITON PROPERTY 7. Statement before police is not admissible because it is persecuted that it is obtained with THREAT INDUCEMENT & PROMISE by police. 8. Statement before Magistrate is admissible u/s 164 CPC. Magistrate record confession of accused
  40. General Terminology Justices System of India WARNS the accused Under the provision of 164 CRPC i. You are not bound to make. ii. It should be voluntarily and true. iii. It should be used against him as evidence, gives time inspite of interval time if does not change his mind he can. iv. Extra judicial statement, confession – Accused is admitting his guilt before a person in confidence he knew that it will not be disclosed to any body else and use as evidence against him. v. Person can tell lie but circumstances cannot.
  41. General Terminology Justices System of India 7. Finger print evidence is conclusive because Ridges are permanent and they are not identical to each other unless it belongs to same person. 8. Hand writing experts and other experts evidence is not conclusive proof it should be corroborated by circumstantial evidence. 9. Telephone conversation/tapes are not accepted by court unless it is corroborated by various circumstances and fact. 10. Expert must depose by himself not by any other witness.
  42. General Terminology Justices System of India 11. If witness is not available and record is available from the record a person who is familiar and convergent with the hand writing of unavailable person can be accepted. 12. Previous conduct is not admissible 13. Statement of accomplice is not admissible. 14. Hostile witness. If any witness do not stick up to his own statement made before police and before magistrate. He can be declared as hostile and can be ‘X’ examined by the Prosecutor/Govt. 15. CROSS EXAMINATION be not as (i) To Challenge the Veracity, (ii) Impics the character
  43. General Terminology Justices System of India 16. Person is called innocent although he is arrested charge sheeted unless he is proved guilty beyond all reasonable doubts. 17. If benefit of doubt is given his acquittal is not accepted by various authority in case of Govt. Service and other authorities. 18. Unless 48 hours are in police/judicial custody he can be called innocent no action is taken by employee private or Govt. Sector. 19. In quest is performed in all un-natural death to ascertain whether it is Accidental, Homicidal, Suicidal or can be classified as verdict given by coroner. We are not in position to say now the person died or received fatal injury.
  44. General Terminology Justices System of India 20. Person acreans male or female he will be dismissed from services if it is proved an act of corruption – Moral erupted 21. Offence wrongful given to one 23 IPC wrongful loss to another 22. 34 IPC in furtherance of common intention act done by several persons 23. Benefit of doubt intention of one of the accused proved but not conductively in the case of others. Life to 5 years. Good Faith 52 IPS which is done or believed without due care and attention person is not heard for more than 7 years presumed to be dead.
  45. Point For Discussion Justices System of India • White collar crime • Anticipatory Bail • Juvenile Delinquency • Human Right Commission • Right of { To Know Information} • Application of 304 – 304A 1PC Mistake of Fact / Law • Application of 304 – 304A 1PC Mistake of Fact / Law
  46. Point For Discussion Justices System of India • Application of 398(a) 1PC • Dowry death • Sexual Harassment at Work Place • Remand home, Bostal School, Probation Officer, Rescue Home, Sudhar Gruha, Family Courts. • General tendency of Police Officer to avoid registration of Cognizable offence
  47. Justices System of India  In spite of all these avenues available in Justice System still there are other avenues open – 1. FIR Under section 153 CRPC 2. Magisterial enquiry – 202 CRPC 3. Direct Complaint in the court by the complainant. 4. Approach to Human Rights Commission for the irregularities committed by the govt officials. 5. Right to information.
  48. Justices System of India (i) Detention (ii) Circumstances (iii) With 7 years after marriage  Prostitution itself is no-offence only Living on the earning of prostitution and committed by the minor below 16 years.  Child 16 – 18 years  Children Act, Bostal School Remand Home.  Rescue Home
  49. Justices System of India  Extortion  Encounter Corruption and other charges. The employee of Nationalised Bank can be held to be Public Servant within the definition of Public Servant Sec. 21 of IPC.  President and Secretary of Co-op. Society cannot be Public Servant.  Private Medical Practitioners are not Public Servants.  Burden of proving insanity – 84 1PC  92 Act done in good faith for benefit of person without consent.  Right of Private Defense 97
  50. Justices System of India  Firstly His own body and the body of any other persons. Secondly the movable / immovable property of himself or any other person, thefts, mischief, dacoity, robbery etc.  120B Punishment for 120A. Two or more agree to do or cause to be done is An Illegal Act or (2) not illegal means such an agreement is designated a Cr. Consp.  FIR at the instance of accused, is inadmissible but production of weapon is admissible.  Dual ownership – accepted in Indian Law.  Legal Possession is to be decided by Court not by Police or any other individual.
  51. Justices System of India  Adverse possession, Entered legally remained illegally.  Panchama – No Word.  Cruelty to Animal is an offence.  National Bird has special privilege like National Leader.  Hunting is an offence under sports.  Lunatic – A person who is not giving rational answer to the question put to him 13 ILA
  52. THE END
  53. Code Justices System of India Every individual has certain secrets of his success. This success is based on long standing tradition and practice followed by the persons time to time but it should be accordance with the law. These practices called code of conduct which are normally accepted in all successful organizations. Police organization is disciplined body derives success from circumstance.
  54. Code Justices System of India 1. Why Mumbai Police is known for successful investigation. Because it is island surrounded by water from all the sides entry and exit to the city is limited; viz only 4 check posts through land, only one check post through Rail, Air and Sea. If this excess controls are manned properly criminal cannot be escaped, and police gets it credit, of tracing absconders at entry and exit post. 2. When two objects comes in contact one leaves something and other takes along something, exchange of object and its. 3. Detection-Investigation is re-construction of crime.
  55. Code Justices System of India 4. Criminal is senior to the police. 5. Modus Operandi – Habit is instinct animal like that one person committing and succeeding in particular modus operandi of crime he will stick up to it. 6. Finger Print. • Ridges are permanent • They are not identical unless they are same
  56. Code Justices System of India 7. Firing - Firer is always scared from bullet i.e. fired object. He assumes, it might hit him but fired object always goes straight and does not comes. 8. It is always stated that criminals are having sophisticated weapons whereas police have outdated weapons and that is why police are not helpful. It is not true person behind the weapon is important police is trained whereas criminal is not trained. 9. Stone throwing – whenever police face stone throwing they should not get scared because stone shower comes 3 or 4 times only because normal person cannot throw more than 3 or 4 stones. Police has to be trained in combating few showers of stones only.
  57. Code Justices System of India 10.If trainee is not trained, the trainer has not trained. 11.Great civilizing power in policemen 12.Person can tell lies but circumstances cannot. 13.Offender normally come back to the scene of crime after offence to see what had happened 14.Salute is outward sign of inward respect. 15.Inherent power of police search seizure arrest. 16.Positive approach.
  58. Code Justices System of India 14.Unanswering obedience. 15.Hate the sin not the sinner. 16.Damage – Mind, Reputation & Property. 17.Indian Lunacy Act Definition – Person who is not giving rational answer to the question put to him. Section 13 – Violent Lunatic can be taken charge by the Police, keep him for observation before Police Surgeon, obtained orders of reception from Zonal DCP and send to Asylum for further treatment.
  59. Code Justices System of India 21.Accident takes place only once. 22.Behind every great fortune there is crime. 23.Act done in good faith is accepted. 28.Suspect found in suspicious manner and not giving ostasible mans. If subsistence not giving satisfactory answers to the questions about his presence in the locality 29.Forensic science blood, saliva, semen, sweat, fibre, wood, colour, iron, hair, dust, cloth, shoes, five arms, balestic experts, hand writing experts, graphology
  60. Code Justices System of India 34.First 6 hours fresh body, Rigor Mortis sets in till 12 hrs. then it starts decaying. 35.Attack is 50% Defence.
  61. Justices System of India THE SYLLABUS DESIGNED INORDER TO GET THE INFORMATION ABOUT THE FOLLOWING ASPECTS FOR THE DEFENCE PERSONNEL WHO ARE AT THE VERGE OF RETIREMENT AND LIKELY TO JOIN PRIVATE SECTORS ON HIGHER AND IMPORTANT POSITIONS  Intelligence – Intelligence department  Labour Law  Trade Union  Legal Aspect of Security  Strike and Dharna  Mob Control  Forensic Science  How to give evidence in the court  Arrest, summons, warrant, custody and bail.  Counseling / PRO
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