ABSTRACT
This explores the discourses on the notion of truth that are held in the context of criminal cases in India. Judges at High-Court or Supreme-Court levels tend to develop a speculative and idealistic approach to the question of truth. This may be expressed in the text of their judgments where truth is sometimes discussed in a style not devoid of literary ambitions and from different perspectives, whether philosophical, moral, religious, cultural or legal. Legal truth in criminal cases in India thus largely depends on out-of-court compromises–some reached on a voluntary basis, others imposed through intimidation–as well as on the degree of competence and integrity within the police and in the judiciary. The chapter concludes by suggesting that this range of discourses not only illustrates once more the gap that may exist between ideals and practice but also points to a specific contradiction between an institution boasting its independence and the reality of social relationships.
