Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878
RULE OF LAW AND INDIAN CRIMINAL JUSTICE SYSTEM
Navami.S, Assistant Professor at VIT School of Law, Chennai
ABSTRACT
The rule of law is a concept which is associated with law and order of a
nation. Everyone is equal before the law and everyone is subject to obey the
same law is the key feature of rule of law. The aim of the criminal justice
system is to safeguard the rule of law concept. The three organs of the
government i.e. legislature in making laws, executive in implementing or
enforcing the laws and judiciary in providing justice, play a significant role
in implementing the rule of law concepts in its true sense. There are various
faults in the present criminal justice system like the entire legal process in
our system is time consuming which paved the way for the accused to escape
from the liability and it also gives extra protection to the accused rather than
victim. In addition to this it is very difficult to identify the exact mischief.
Keywords: Criminal justice system, rule of law, accused, trial, presumption.
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Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878
INTRODUCTION
The rule of law is a concept which is associated with law and order of nation. Equality and
equal protection of law are the hallmarks of every criminal justice system. The ultimate aim of
the criminal justice system is the inculcation of the concepts of Rule of Law into the system.
The very essence of Rule of Law is clearly visible in the constitution and other allied laws in
India. The Indian constitution is indebted to many ideas of justice, it borrowed from many
constitutions. The fundamental rights are borrowed from the British constitution and included
in the Part III of the Constitution. Fundamental Rights are a prodigy of the Rule of Law
Principle. Any law, statute, ordinance made in violation of the Fundamental Rights is void to
that extent as per Article 13 of the constitution. Rule of Law principles are explicitly enshrined
in the Constitution, for example, Article 14 (Equality before law and equal protection of law).
This Article analyses significant rule of law issues in certain provisions of criminal law
and concludes with some suggestions for better efficacy of the methods.
CONCEPT OF RULE OF LAW
The term has taken to Indian from England as it is England origin.1 “Rule of Law” is
developed from the French phrase ‘La Principe de Legality’ (the principle of legality) which
refers that government must be based on principles of law and not of men.2 Though many
definitions are there for the rule of law the most popular definition was given by A.V.Dicey.
The supremacy of law, Equality before law and pre-dominance of legal spirit are the 3 pillars
of Dicey’s theory of rule of law.3
This rule of law concept is adopted in India also. The very essence of rule of law is obvious in
our Constitution. Article 14 provides that all are equal and there is no discrimination on the
basis of sex, religion, race or place of birth. The Constitution also ensures that the three wings
of government are independent of each other. Thereby the constitution is fulfilling all the
components of Dicey’s theory of rule of law.4
1
‘Rule of Law’ http://www.legalserviceindia.com/legal/article-719-rule-of-law.html accessed on 5th November
2021
2
‘Origin and Concept of Rule of law’ (2019) https://www.lawteacher.net/free-law-essays/administrative-
law/origin-and-concept-of-rule-of-law-administrative-law-essay.php#ftn1 accessed 4th November 2021
3
Bhavani Kumar, ‘Rule of Law in India’ (2014) https://www.lawctopus.com/academike/rule-of-law-in-india/
accessed 7th November 2021
4
ibid
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Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878
In the famous case, Kesavananda Bharati v. State of Kerala5 the Supreme Court held that the
Rule of Law is an essential part of the basic structure of the constitution and therefore it can be
amended without affecting the basic structure of the constitution. Here also, court through the
judgements shows that law is in the supreme authority and no man is above law.
RULE OF LAW AND CRIMINAL JUSTICE SYSTEM
There is an undeniable relation between Rule of Law and the Criminal Justice System. Criminal
justice system stands on the pillars of the Rule of law principles, without it, the entire system
would be impaired. The elementary notions like a person should be held liable only when there
is violation of law, a person shall not be vexed twice for the same offence, and every person
shall be presumed innocent unless the guilt is proved have layering of rule of Law over it.
The rule of law states that an action can be considered as criminal only if they are punishable
and prohibited by law and which is been publicly followed through a systematic process.6 Thus
the people gets the notions of what the law is and what ought to be. With this people will
acknowledge with their various rights and liabilities. The rule of law also prescribes that the
criminal law have only a prospective effect and will not affect any offence committed in the
past. Thus, if our actions are not violative of any laws, then we are not liable under any law.7
This basic principle is crucial to the Right to a Fair Trial every person is subject to the same
laws and no one, however rich or powerful, is above the law. Rule of law is a basic principle
which is inherent and crucial to the right to a fair trial.8
RIGHT TO FAIR TRIAL
The rule of law ensures timely and efficient administration of law. Fair Trial is one of the most
elementary principles of Human Rights. A just, fair and proper opportunity must be afforded
to prove the innocence to the accused by the State. The International Covenant on Civil and
Political Rights (ICCPR) incorporates the principle that all persons should be treated equally
before all courts and tribunals. The accused/defendant or any person as the case may be, shall
have the right to fair and just hearing before an independent, impartial and court of competent
5
‘Rule of Law in India’, <http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=61fb07af-8c80-
4868-b707-b9939e9dae87&txtsearch=Subject:%20Administrative%20Law> accessed 11th November 2021
6
‘Rule of Law’ https://www.fairtrials.org/rule-law accessed on 12th November 2021
7
Chhavi Agarwal, ‘Rule of law- A reflection upon we the people and beyond
http://www.legalserviceindia.com/article/l459-Rule-of-law.html accessed on 10th December 2021
8
ibid
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Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878
jurisdiction, for any suit, proceedings or any criminal charges against him. Right to free legal
aid, presumption of innocence, the trial in presence of the accused of the accused, prohibition
on double jeopardy, right to bail and right against self-incrimination are some of the principles
of fair trial. Rule of law collapses when there is failure in fair trials9.
SPEEDY TRIAL
Speedy trial is a blessing to both the victim, as well as the accused. It is the backbone of fair
trial. There are many footfalls in the conduct of the criminal justice system in our country,
however speedy trials act as an analgesic to some of them.
In order to safeguard or to prevent undue delay in forming a conclusion to the case, speedy trial
is important. This is why it is considered guaranteed under the Constitution of India. Inordinate
delay in proceedings and trial in court helps the accused to escape from the liability. Speedy
disposal or speedy justice ensures the society a safe and secure environment.10
The inordinate delay in speedy trial is caused because of various reasons like no specific period
is provided under Cr.P.C for the completion of investigation, delay in processing summons or
warrants issued by the competent authority, impediments in conducting day to day hearing of
the witnesses and besides this judiciary is taking the stand of a mere spectator in this no holds
barred situation.
During my analysis, it could be inferred that no explicit provisions of speedy trial provided in
any of the provisions of Cr.P.C. In order to curb the unwarranted delay certain measures can
be incorporated in the criminal procedure code, time frame must be provided for investigation,
inquiry, trial, all procedure and should be adhered to strictly. Plea bargaining methods may be
practiced more often to decrease the pending cases.
PRESUMPTION OF INNOCENCE
The principle of “presuming innocence” is gaining much popularity in modern times in our
Country. It is one of the inherent principles of the rule of law. There can be no conviction unless
the guilt of the accused is proved beyond reasonable doubt. With the introduction of many
9
Astha Sharma, ‘Speedy Trial : Facilitation of Legal System’ (2020)
https://www.latestlaws.com/articles/speedy-trial-facilitation-of-legal-system-by-astha-sharma accessed on 2nd
December 2021
10
ibid
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Human Rights Organisations and International Charters, there have been trumpeting for the
protection of the rights of accused by many human Rights activists.
Presumption of innocence is a an essential rule that in criminal matters the burden of proving
the guilt of the accused for the conviction of crime of which he is charged is on the prosecutor
the public prosecutor.11The prosecution is burdened with proving the guilt of the accused. But
there is a shifting of burden of proof also, in which the burden of proving the case against him
is shifted from prosecution to the accused. After the trial, if there is any sort of doubt regarding
the conviction, the benefit will go to the accused. That is until the accused is proven guilty, he
is considered as innocent. The facts of the case must be like a chain of transactions and all those
combined together to prove the guilt of the accused. Any break in the transaction would set the
accused free.
Although the presumption of innocence is for the benefit of the accused, this presumption is
not applicable in case of strict liability or absolute liability. This shows that the rule of law is
not completely followed in the presumption of innocence though it is an inherent principle
thereto. All these presumptions, in one way or the other is accused-centric and not victim-
centric. The absence of presumption for the victim negates the very essence of rule of law.
RIGHT TO BAIL
Article 21 of the Indian Constitution prescribes the fundamental rights of freedom to every
person of India. The freedom of every such person is governed by rule of law. If any person
violates the rule of land, he will be prosecuted and thereby his freedom will curtailed by the
authority. The court has to decide upon his bail application in an early time bound manner by
giving a reasoned order.
The concept of bail arises from the cardinal principle that the accused is innocent till proven
guilty. The natural justice principles state that everybody should be given the right to be heard.
Though right to bail is a fundamental element in rule of law, bail is not a matter of right to the
accused. It is on discretion of court. Even though the bailable offences are mentioned in
Schedule of Cr.P.C, there is no presumption that the court will grant bail for every such
offence.
11
Mohini Chathurvedi, ‘Presumption of Innocence’ (2019) http://lawtimesjournal.in/presumption-of-innocence/
accessed 11th November 2021
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Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878
Bail is granted on the discretion of court and it is not a matter of right. It is granted by imposing
various conditions on the accused. The accused is forced to submit security bond for granting
bail.
The Indian Legal system is based on the essence of presumption of innocence. Unless the guilt
is proved, the decision is in favour of the accused. Thus it is the magistrate or the judge is to
decide the nature of the offence, for granting the bail.12If the offence comes under the Narcotic
Drugs and Psychotropic Substances Act, 1985, The Scheduled Caste and Scheduled Tribes
(Prevention of atrocities Act), 1989, then the situation changes, that means then no bail is
granted, because these offences gave emphasis on the presumption of guilt rather than
presumption of innocence. Similar is the case with regard to rape under Section 375 of IPC and
Cruelty against a married woman by husband or relative of her husband under Section 498A
of IPC13. This kind of offences gives importance to presumption of guilt only.
SUGGESTIONS FOR IMPROVEMENT
1. Speedy justice system should be one of the prime objectives of the Criminal Justice
system. To hold and abide by the written law must be the paramount of every Criminal
Justice System. Liability lies on the police, prosecutor, and the courts to achieve this goal.
Only a collective disbursal of rights and procedures, will contribute to a speedy justice
system.
2. Adjournment by advocates on frivolous issues and false claims needs to be monitored
and nipped in the bud.
3. Court should make earnest efforts to maintain the equilibrium between the victim-
oriented courts as well as the accused-oriented system.
4. Court expenses are unaffordable to people. Many stalwarts like V.R Krishna Iyer have
stressed the need for making the procedure affordable, and also making the procedure as
conducive as possible. People always reluctant to approach court due to the High rates
of fees charged by the Lawyers.
5. Measures must be taken to make sure witnesses are adequately protected and
compensated. Deposition of the witness is crucial to the smooth adjudication of every
case, and the depositions must be recorded with due care and caution. Whenever a
12
Ayush Verma, ‘Bail Under Indian Legal System’( 2020) https://blog.ipleaders.in/bail-indian-legal-system/
accessed 5th November 2021
13
ibid
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Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878
witness comes to depose before court, they should be paid adequately. Measures should
be adopted for witness protection.
6. Cases filed in the courts are sky-scraping. The courts are unable to meet the needs of
common people due to lack of sufficient number of courts and judicial officers. The High
Courts should take necessary steps to fill the vacancies as early as possible, and to take
steps to attract young, talented and qualified personalities into the profession.
7. The service of Retired Judges or Judicial officers can afford a helping hand in disposing
of arrears of cases by setting up special courts.
8. The extensive training and in depth study of various subjects like forensic science,
ballistics, cybercrimes needs to be taught in Judicial academy and workshops are to be
conducted for the understanding of various subjects to the Judicial officers.
9. Victim Compensation scheme is mentioned in Cr.P.C, under section 357, the
compensation amount must be realised by the states from the offenders.
10. A revamping of cognizable and non-cognizable offence is the need of the hour, owing to
the social changes happening in India.
11. Due to rapid industrial growth and economic changes, new varieties of heinous crimes
have cropped up, like financial scams, cyber terrorism, etc. A rapid action task force who
is capable of combating such offences is very much the need of the hour. Modern
infrastructures must be provided to them.
12. Plea bargaining techniques are to be practiced wherever possible.
13. Police force strength should be increased proportionately to the increasing population
14. Co-operation by public is essential in the dispensing of criminal justice system, measures
are to be formulated.
CONCLUSION
A balanced criminal justice system stabilises both the interests and conflicting considerations
of its peers. Any scope for complacency should be looked into. Humanity should be protected
from the lacunas existing in the law. The best interest of its subjects must be given utmost
importance, is the primal duty of the system. Any reform in the criminal justice system rest on
the raising needs of the society and maintaining the law and order of the state, even curtailing
many rights of the accused. The spectrum of wider expansion of crimes, alarms the system for
reforms. An adequate reformation of Rules of laws in criminal justice system is very much
essential. The inculcation of various rules of law existing in many nations can be introduced
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Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878
into the Indian Criminal Justice System. Betterment of the entire criminal justice system results
in the betterment of the society and a better life to its subjects. The rule of law as such cannot
ensure meeting the ends of justice on its own, but it can act as a condition precedent for smooth
functioning of rule of law. The adequate amendments and implementation of Rule of law
principles will savour every criminal justice system in India, as well as round the globe.
