Delay in Prosecution-Causes and Effects: An analytical Study

Authors

DOI:

https://doi.org/10.53724/jmsg/v9n4.03

Keywords:

Prosecution, Artificial entities, Government authorities, District Attorneys (DA), Prosecutors, Guilt of the defendant, Beyond a reasonable doubt, Legal arguments, Deterrence, Rehabilitation, Delay in Prosecution, Defense Attorneys

Abstract

The Prosecution is a prime aspect of the legal system which serves as the mechanism through which all the violations of the law which happens in the life of an individual and the artificial entities are addressed and adjudicated. It is a process that involves various stages, objectives, and people, all aiming on upholding the rule of law and guarantee that the justice is served. At its core, prosecution involves the initiation and pursuit of legal action against individuals or entities suspected of committing crimes or offenses. This responsibility typically falls on government authorities, such as district attorneys or prosecutors, who represent the interests of the state or society at large. The process begins with the gathering of evidence and the determination of whether there is sufficient cause to bring charges against the accused. Once charges are filed, the prosecution's primary goal is to prove the guilt of the defendant beyond a reasonable doubt. This entails presenting evidence, calling witnesses, and making legal arguments in a court of law. Prosecutors are tasked with constructing a compelling case that demonstrates the defendant's culpability and justifies the imposition of penalties or sanctions as prescribed by law. Prosecution is not solely concerned with securing convictions; it also serves broader objectives related to deterrence, rehabilitation, and the maintenance of public order. By holding individuals accountable for their actions and imposing consequences for unlawful behavior, prosecution helps deter future criminal conduct and reinforces respect for the law within society. More ever, prosecution plays a vital role in safeguarding the rights and interests of victims, ensuring they receive due process and have the opportunity to seek redress for the harms they have suffered. Prosecutors advocate on behalf of victims, representing their interests throughout the legal proceedings and striving to achieve a sense of closure and justice for those affected by crime. Overall, prosecution embodies the principles of fairness, accountability, and the rule of law. It is an indispensable function of the legal system, essential for maintaining social order, protecting individual rights, and upholding the foundational values of justice and equality under the law. An overview of delay in prosecution encompasses understanding the concept, its significance, and the multifaceted nature of its impact on the criminal justice system and society at large.

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References

• Ramulu, M. (1992). Delay in Administration of Criminal Justice in India. Deep & Deep Publications.

• Rao, G. V. & Rao, V. Ramakrishna. (2006). Administration of Justice in India. Gogia Law Agency.

• Hussainara Khatoon (I) v. Home Secretary, State of Bihar, AIR 1979 SC 1360.

• Sheela Barse v. Union of India, AIR 1986 SC 1773.

• A.R. Antulay v. R.S. Nayak, AIR 1992 SC 1701.

• Thakur, R.C. (2011). Judicial System in India: Delay and Arrears in the Administration of Justice. Regal Publications.

• Verma, S.P. (1997). Judiciary: Delay and Decision-Making. APH Publishing.

Endnotes:

Aiyar, V. Rangarajan. (2001). Law Relating to Delay and Speedy Trial. Eastern Book Company.

Baxi, Upendra. (1982). Crisis of the Indian Legal System. Vikas Publishing House.

Wadhwa, D.C. (1983). Judicial Activism and Constitutional Democracy in India. N.M. Tripathi Pvt. Ltd.

Desai, Madhav. (1993). Speedy Justice: Recommendations for Improvements in the Indian Judicial System. Maharashtra Law Journal.

Jain, M.P. (1975). Outlines of Indian Legal History. N.M. Tripathi Pvt. Ltd.

Krishnamurthy, B. (2002). Delayed Justice: A Critical Analysis. Ramesh Book Depot.

Law Commission of India. (1958). 14th Report on Reform of Judicial Administration. Government of India.

Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1979 SC 1360.

A.R. Antulay v. R.S. Nayak, AIR 1988 SC 1531.

Published

30-04-2024

How to Cite

Dr. G.K. Sharma, Priya Makkani, Monika Goyal, & Rajani. (2024). Delay in Prosecution-Causes and Effects: An analytical Study. Jai Maa Saraswati Gyandayini An International Multidisciplinary E-Journal, 9(IV), 04–10. https://doi.org/10.53724/jmsg/v9n4.03

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