ABSTRACT
India attained independence from the British on August 15, 1947. The Constitution of India came into force on August 26, 1950. India is a union of 29 states and seven federally administered union territories. India has adopted a federal system of governance; however, Article 1 of the Constitution describes the country as a Union of States to underscore that the federal system was adopted for administrative convenience and not as part of any agreement between the center and the states. The federal arrangement as
The Criminal Justice Process of India 107
Dinesh Mathur, Senior Advocate of High Court, Delhi 111 Introduction 111 Career 111
The Operational Backdrop 112 Philosophy of Legal Advocacy 113
Knowledge of Criminal Procedure 113 The Importance of Forensic Sciences and Ballistics 114 The Significance of the Factual Context 115 Significance of Precedents in Criminal Justice Adjudication 115
Problems and Successes Experienced 116 Suspension of Conviction 116 Partial Use of a Dying Declaration and Trial by Media 117 Facts Should Show Offense in Accordance with the Law 118 Strict Construction in Favor of the Accused 119 The Power of Forensic Science and the Missing Corpse 119 Cases Involving Political Celebrities 120
Theory and Practice 121 Transnational Relations 122 General Assessments 123 Conclusion 124
Glossary 125
incorporated in the Constitution divides legislative and executive responsibilities between the center and the states. The legislative division in criminal law allocates some dedicated domains in the union list to the center and in the state list to the states. The subjects mentioned in the third list can be legislated upon by both the center and the states. Both the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) are mentioned in this list. Consequently, both the substantive and the procedural law can be modified to meet the local requirements of a State, provided the President, who acts on the aid and advice of the Union Council of Ministers, accords assent to such a proposal.
