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Administration of Justice

The document discusses the administration of justice, highlighting the definitions by Salmond and Roscoe Pound, and the need for justice in society due to conflicting interests. It distinguishes between substantive and procedural law, explaining their interrelation and classification into civil and criminal categories. Additionally, it outlines various theories and kinds of punishment, emphasizing their purposes and implications in the justice system.

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Avishikta Patnaik
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13 views

Administration of Justice

The document discusses the administration of justice, highlighting the definitions by Salmond and Roscoe Pound, and the need for justice in society due to conflicting interests. It distinguishes between substantive and procedural law, explaining their interrelation and classification into civil and criminal categories. Additionally, it outlines various theories and kinds of punishment, emphasizing their purposes and implications in the justice system.

Uploaded by

Avishikta Patnaik
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Administration

of Justice
Importance of Justice

SALMOND – Definition of law itself reflects that Administration of Justice has to be done by the states on the
basis of rules and principles recognized.
ROSCOE POUND – It is the court that ahs to administer justice in a state.

Thus, SALMOND focuses on the state for administration of justice and ROSCOE POUND focuses on Law
for the administration of justice

Origin and growth of Administration of Justice


Men are social by nature and they aspire to live in a community. However, living in a society leads to
multiple interests which sometimes are conflicting in nature. Thus, there arises a need for administration of
justice. States becomes operational for assessing individual liability and for imposing punishments.
Advantages and disadvantages of Legal Justice

Advantages
Uniformity and certainty
Equality and impartiality before law (Sir Edward Coke said the wisdom of law is wiser than any
man’s wisdom and justice represents wisdom of the community)

Disadvantages of legal justice


Rigid
Technical, formal, complex
SALMOND – law is without doubt a remedy for greater evils yet it brings with it evils of its own.
Substantial and Procedural Law

Applicable both in Civil Justice and Criminal Justice

Substantive law – defines rights and liabilities, it is statutory and written law that governs rights and
obligations. Eg – Bhartiya Nyaya Sanhita

Procedural law – law which tells how the courts and the officers dealing with the law act in giving effect to
the substantive law of the land is known as adjective or procedural law. Thus, this includes process of
litigation and embodies the rules governing the institutions and prosecution of civil and criminal proceedings.
It informs about the process that a case will go through, determines how a proceeding concerning the
enforcement of substantive law will occur and prescribes the practice, procedure and machinery for
enforcement of the rights and liabilities.
Eg – Bhartiya Sakshya Abhiniyam, Limitation Act, Bharatiya Nagarik Suraksha Sanhita etc.
Interrelation and difference between
Substantive and Procedural law

➢ Two main categories of law. One without the other is useless. One is the goal another is the process.
➢ Procedural law is adjunct or an accessory to substantive law and renders the enforcement of substantive rights very
effective.
➢ Both are codified in the form of rules. Substantive refers to the body of rules defining rights and liabilities procedural
refers to the body of rules governing the process of determining the stipulated rights and liabilities of the parties in the
given facts and circumstances.
➢ Both substantive and procedural laws exists in civil and criminal justice.

Thus we have 4 categories of law –


▪ Civil substantive law
▪ Civil procedural law
▪ Criminal substantive law
▪ Criminal procedural law
Refer - https://egyankosh.ac.in/bitstream/123456789/9895/1/Unit-2.pdf
Classification of Justice

Private justice – Justice between individuals. It reflects the ethical justice ought to exist between the individuals.
Public justice – administered by the state through its own tribunal and courts. It regulates the relationship between
the courts and individuals.

Concept of justice according to law


Judges are required to imply recognised fixed rules of law. In this regard justice is divided in two categories –

Civil and Criminal Justice


A Civil justice usually results in a judgment for damages or injunction or restitution or specific decree or other such
civil reliefs.
Criminal proceedings generally result in punishment. There are number of punishments which may be given to a
criminal offender.
Theories of Punishment

1. Deterrent Theory
2. Retributive Theory
3. Compensatory Theory
4. Preventive Theory
5. Reformative Theory

Deterrent – the purpose is not only to prevent the wrongdoer from committing the crime against but also
make him an example in front of other such persons who have similar criminal tendencies. However, deterrent
effect has not always led to decrease in crime. Eg – Rape cases

Retributive – in primitive societies the punishment was mostly retributive in nature and the person wronged
was allowed to have his revenge against the wrongdoer. The principle was an eye for an eye. Modern societies
does not rely much on retributive theory.
Compensation – this theory believes that punishment should not only be to prevent
further crime but it should also exist to compensate the victim who has suffered at the
hands of the wrongdoer. However, this is not effective in checking the rate of crime as the
purpose of punishment is always economic loss.

Preventive – the object of punishment here is to prevent or disable the wrongdoer from
committing the crime again. Deterrent theory aims to warn the society but preventive aims
to disable the wrongdoer.

Reformative – this theory believes that punishment should exist to reform the criminal.
Even if offender commits a crime, he does not cease to be a human being hence it leads to
moral reform of the wrongdoer.
Kinds of Punishment

➢ Capital punishment (currently lot of countries have abolished this but India has not)
➢ Deportation or transportation (in this criminal is put at an isolated place in a different society. Although
critics believes that the offender will still cause trouble in a society where he is placed)
➢ Corporal punishment (it is a form of physical punishment that involves deliberate infliction of pain on the
wrongdoer. This punishment has been abolished in India but in some of the Middle East countries it is still
practiced.)
➢ Imprisonment (this serves three purposes – deterrent, preventive and reformative)
➢ Solitary confinement (it is a form of imprisonment in which a prisoner is isolated from any human contact.
It is an aggravated form of punishment which destroys the sociable nature of human contact. Critics call it
inhuman as well.)
➢ Indeterminate sentence (in such sentence, the accused is not sentenced for any fixed period. The period is
left indeterminate while awarding and when the accused shows improvement, the sentence may be
terminated. It is therefore reformative also in nature)
➢ Fine (it is imposed when the wrong doer of any case which is non-cognizable in nature and it should be done
where the things can be retrieved which makes the offender not to commit the same offence.)

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