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Prosecution System in Criminal Justice in India: An Appraisal of the Drawbacks and Failures

NCJ Number
157181
Journal
Indian Journal of Criminology Volume: 22 Issue: 2 Dated: (July 1994) Pages: 70-76
Author(s)
P C Tripathy
Date Published
1994
Length
7 pages
Annotation
This paper critiques India's prosecution system and suggests ways in which it can increase the percentage of convictions.
Abstract
The decreasing conviction rate in India has emboldened criminals and led to an increase in the crime rate. One reason for the low conviction rate is the incompetency of the investigative efforts of police and allied agencies. Police often fail to investigate crime promptly, leading to contamination of the crime scene and the disappearance of evidence; failure to follow the laws that govern evidence collection often compromise cases; and failure to use state-of-the-art forensic technology and resources diminishes the strength of evidence analysis. Prosecuting attorneys also contribute to the low conviction rate due to their insufficient knowledge of investigative procedures and evidence collection, as well as incompetent selection and preparation of witnesses. Other factors that contribute to the low conviction rate are poor citizen cooperation with police and political interference with the judiciary that undermines its independence. The paper concludes with suggestions for remedying some of these problems. 20 notes