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Law Criminal Law
Thursday, 17 May 2018 04:00 am
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Crime is a wanton “Act or Omission or Commission” forbidden by the law for the time being in force. Since commission of every crime is considered to be against society, the state as the protector of its subjects prosecutes the perpetrators of the crimes. It is the duty of the state to bring the culprits to justice. However, the state in its act of persecution commits illegality, metes out torture and harassment against the persons accused of having committed offenses.

The procedure contemplated for the prosecution of accused is not followed in all cases and as a result, a grave injustice is being committed as against the accused. Since our country follows the accusatorial procedure (adversary system) of criminal law, which propounds the theory that the prosecution has to prove its case beyond reasonable doubt and every person accused of having committed offense (s) shall be presumed to be an innocent until his guilt is proven. The Indian Penal Code and other Minor Criminal law provide for the punishment whereas the Criminal Procedure Code prescribes the procedure for prosecution. When there is violation or deviation in following procedure adumbrated under the provision of Criminal Procedure Code, there is every possibility that the accused will be subjected to illegalities and injustices. Art.21 of the Constitution of India provides: "No person shall be deprived of his life or personal liberty except according to procedure established by law". Hence, if a person’s life or his personal liberty is taken away without following the procedure established by law, it will amount to an unfair trial. Denial of a fair trial is hit by Articles 20 and 21 of our Constitution.

So also when the state fails in its duty of prosecuting the culprits, the real victims would feel let down and they would take up the law in their own hands as against the culprits and the net result is society will be rendered helpless. Therefore the innocent persons who are intentionally or unintentionally framed in false cases and the victims whose welfare is not taken care of by the states in prosecuting the culprits are finding no other way except approach the court for justices and as such the necessity of approaching the criminal courts for justice arises.