MODULE:2

(JUDICIAL SYSTEM IN ANCIENT, MEDIEVAL AND MODERN INDIA)

INTRODUCTION:

·      The study of a judicial system consists of the chronological development and growth of a legal system prevailing in a particular country in its historical perspective.

·      History of Judicial system in India can be classified into three stages, as follows

§  Judicial System in ancient India.

§  Judicial System in Medieval India.

§  Judicial System in Modern India.

JUDICIAL SYSTEM IN ANCIENT INDIA:

·       The jurisprudence of Ancient India was shaped by the concept of “dharma” or rules of right conduct, as outlined in Vedic scriptures such as “Puranas” and “Smritis like Manusmriti”.

·       Manusmriti written by the ancient age Manu prescribes ten essential rules for the observance of Dharma.

·       Manusmriti recognized assault and other bodily injuries and property offences such as theft and robbery.

·       Therefore, the concept of “dharma” ruled in Indian Civilization, from the Vedic period upto Muslim invasion, from king to his servants was bound by dharma.

JUDICIAL SYSTEM IN MEDIEVAL INDIA:

·       In medieval India, the Sultan/Sultana was the supreme authority administering justice in his/her Kingdom.

·       There existed a systematic classification and organization of courts in Medieval India.

·       The jurisdiction of courts at the capital, Provinces, Districts, Parganas and villages were clearly demarcated.

·       The king’s court was presided over by the sultan/sultana both had original and appellate jurisdiction.

JUDICIAL SYSTEM IN MODERN INDIA:

·       The East India Company under the Charter of Queen Elizabeth I was granted recognition and authority to the company to facilitate the regulation of trade.

·       The Charter of 1661 led to the appointment of Governor of Bengal and the council in each its settlement.

·       After establishing territorial power at Madras, EIC introduced an ad hoc system of judicial administration in which the existing native systems were accommodated.

·       Overall, In the form of certain Acts EIC established full control on India.

(JUSTICE-POLITICAL, SOCIAL AND ECONOMIC)

JUSTICE:

·       Justice means that each Individual should be treated fairly, and given the same opportunities.

·       These are secured through various provisions of Fundamental Rights and Directive Principles.

·       The ideal of Justice- Social, Economic and Political was adopted from the Russian revolution.

·       The Indian concept of Justice was spread by ancient Indian philosophers like Manu and Kautilya.

JUSTICE IN INDIAN CONTEXT:

·       The idea of justice is firmly established in the Indian Constitution and is reflected in Articles 14,15,16 and 17.

·       All of these articles are included in the 3^rd section of the Indian constitution, which guarantees each citizen certain fundamental rights.

·       Article 39-A of the Indian constitution contains certain provisions relating to “Equal Justice and Free Legal Aid”.

·       Indian constitution contains the following three types of justices:

§  Social Justice

§  Economic Justice

§  Political Justice

i. SOCIAL JUSTICE:

·       Social justice denotes equal treatment of all citizens without any distinction based on caste, colour, race, sex etc.

·       It means the absence of privileges to any section of the society and at the same time making provisions for the improvement to backward sections and women.

·       The practice of social equality serves as the foundation for the idea of social Justice.

·       The supreme court of India declared social justice and judicial review to be two fundamental elements of the Indian Constitution in the case of S.R. Bommai vs Union of India.

ii. ECONOMIC JUSTICE:

·       Economic justice denotes non-discrimination b/w people based on economic factors.

·       It entails the abolition of glaring wealth, income and property disparities.

·       Everyone should be compensated equally for equal work and everyone should have the opportunity to earn a living.

·       No Individual should be treated differently based on their economic status and No one should be denied a chance because of their financial situation.

iii. POLITICAL JUSTICE:

·       Political justice is that everyone has an equal, free and fair opportunity to engage in politics without prejudice.

·       It means that everyone has equal access to political offices and equal involvement in government processes.

·       The government’s operations ought to be fair from a political perspective.

·       Regardless of a person’s political affiliation, every law should apply to them equally.

(JUSTICE SYSTEM: CIVIL, CRIMINAL)

INTRODUCTION:

·       Criminal Justice System refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct.

·       The aim of the criminal justice system is to ensure that every person who suffers an injury or loss at the hand of others is allowed to present his case and seek justice. 

OBJECTIVES:

·       To prevent the occurrence of crime.

·       To punish the transgressors and the criminal.

·       To compensate the victims as far as possible.

·       To maintain law and order in society

REASONS FOR NEED OF REFORMS:

·       Colonial legacy: The criminal system- both substantive and procedural are replica of the British colonial jurisprudence, which were designed with the purpose of ruling the nation.

·       Ineffective Justice Delivery: Nowadays the system has become a tool harassment of common people.

·       Pendency of cases: According to Economic survey 2018-19, there are about 3.5 crore cases rae pending in the judicial system.

·       Police Issue: Corruption, huge workload and accountability of police is a major hurdle in speedy and transparent delivery of justice.

(PUNISHMENTS: KINDS AND THEORIES)

·       Punishment is the act of imposing a penalty or consequences on someone who has violated a rule, law or norms.

·       It is a means of social control that seeks to deter future offences, exact retribution or wrongdoing and rehabilitate. Offender

KINDS OF PUNISHMENT:

·       Deterrent punishment: Punishment that seeks to prevent future offenses by instilling fear of punishment in potential offenders.

·       Retributive punishment: Punishment that seeks to exact revenge or payback for wrongdoing.

·       Restorative punishment: Punishment that seeks to repair harm caused by the offense and restore relationships between the offender, victim, and community.

·       Rehabilitative or Reformative punishment: Punishment that seeks to reform offenders and prevent them from reoffending by providing education, counselling, and other forms of support.

·       Preventive punishment: Punishment that seeks to remove dangerous offenders from society to prevent them from committing further crimes.

THEORIES OF PUNISHMENT:

·       Deterrent theory: It provides that punishment should be severe enough to deter potential offenders from committing crimes.

·       Retributive theory: It provides that punishment should be proportional to the harm caused by the offense and seek to exact retribution for wrongdoing.

·       Restorative justice theory: It provides that punishment should focus on repairing the harm caused by the offense and restoring relationships between the offender, victim, and community.

·       Rehabilitation or Reformative theory: It provides that punishment should be used to reform offenders and prevent them from reoffending.

·       Utilitarian theory: It provides that punishment should be used to achieve the greatest overall happiness for society.

MODULE: 3

(OFFENCES UNDER THE INDIAN PENAL CODE)

HISTORICAL BACKGROUND OF IPC:

·       The Indian Penal Code was established in 1860 on the recommendation of the first law commission of India under the Charter Act of 1833, chaired by Thomas Babington Macaulay.

·       The code went into effect on January 1, 1862 and was applicable to entire the then British-India, with the exception of the princely states, which had their own courts and legal system until 1940s.

·       Post-Independence the IPC has been amended numerous times and applicable to all Citizens of India.

·       In present, IPC is divided into 23 chapters and has 511 sections in total.

INTRODUCTION TO IPC:

·       The Indian Penal Code defines what constitutes a crime and the penalties for committing such a crime.

·       This code unifies the entire body of law on the subjects and exhaustive in the areas in which it declares the law.

·       The Indian Penal Code is a body of Substantive law, means a law that specifies the punishable offences as well as their punishments or penalties or both.

·       The punishments under this code are classified into five categories: death, life imprisonment, general imprisonment, forfeiture of property and fine.

(JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT)

INTRODUCTION:

·       Juvenile is any individual below the age of 18 years.

·       According to laws in India, any child below the age of 7 cannot be convicted under any law for any crime.

·       Under earlier laws, the distinction b/w “children in conflict with the law” and “children in need of care and protection” were unclear, as both were termed Juveniles.

·       The amended law of (2015 Act), has made the distinction b/w the terms “children in conflict with the law” and “children in need of care and protection” clear.

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015:

·       This law was enacted on December 31, 2015 and replaced the Juvenile Justice (Care and protection of children) Act,2000.

·       It laid down the provisions for children in conflict with the law and children in need of care and protection.

·       Recently, some changes have been through JJA Amendment Act,2021 by amending JJA Amendment, 2015.

·       Features of this Act:

§  The JJA Amendment Act,2015 has changed the nomenclature of ‘juvenile’ to ‘child’ and ‘child in conflict with the law’.

§  The Act defines Orphaned, surrendered and abandoned children.

§  The Act gives more clarity on the functions and powers of the Juvenile Justice Board and the Child Welfare Commission.

§  It also gives definitions for petty, serious and heinous crimes by children:

Ø  A petty offence (max punishment upto 3 years of imprisonment)

Ø  A serious offense (max punishment upto 3 to 7 years of imprisonment)

Ø  A heinous offence (max punishment upto 7 years of imprisonment)

(PREVENTION OF ATROCITIES ON SCs AND STs ACT)

INTRODUCTION:

·       The prevention of Atrocities on SCs and STs Act of 1989 is a law enacted by the Govt of India

·       Its aim is to prevent atrocities and discrimination against individuals belonging to the SC/ST community.

·       It also provides effective protection and relief to the victims of such atrocities and to ensure their speedy justice.

·       Salient features of this Act:

§  Definition of Atrocities: This Act defines various forms of Atrocities including, physical violence, sexual assault, exploitation and discrimination against members of the SC/ST Communities.

§  Special courts: The Act provides for the establishment of special courts to try cases related to atrocities. These courts have the power to take immediate action against the accused and provide relief to the Victims.

§  Punishment:  The act provides for stringent punishment for those who commit atrocities against members of the SC/ST communities and includes imprisonment and fine.

§  Rehabilitation and Compensation: The act provides for the rehabilitation and compensation of victims of atrocities and it includes medical treatment, legal aid and financial assistance.

§  National and State Commissions: The act provides for the establishment of National and State Commissions for SCs and STs to investigate complaints and monitor the implementation of the act.

(NATIONAL COMMISSION FOR SC/ST)

INTRODUCTION:

·       The National Commission for SC (established under Article 338) and National Commission for ST (established under Article 338-A) are two constitutional bodies established by the GoI to safeguard the rights and interests of the SC/ST communities respectively.

·       Composition: Both bodies consist of a chairperson, a Vice-Chairperson and three members appointed by the President of India. The members of these commissions should belong to the SC or ST community.

·       Advisory Role: The commissions just have an advisory role and it is the government who decide what to take into consideration and what not.

·        Functions:

§  Monitoring and investing all issues concerning the safeguards provided for the SCs and STs under the constitution.

§  Enquiring into complaints relating to the deprivation of the rights and safeguards of the SCs.

§  Regular reporting to the President of India on the country on the implementation of these safeguards.

§  A key monitoring activity performed by the commission is the setting up of special courts for the speedy trial of offences under the Civil Rights Act and Atrocities Act.

(GENERAL EXCEPTIONS)

·       INTRODUCTION:

The following acts are exempted from category of offences under IPC, 1860:

§  Mistake of fact (section: 76, 79)

§  Judicial act (section: 77, 78)

§  Accident (section: 80)

§  Absence of criminal intention (section: 81-86, 92-94)

§  Act done with consent (section: 87-91)

§  Trifling act (section: 95)

§  Right of private defence (section: 96-106)

·       SOME 5 SECTIONS OF GENERAL EXCEPTIONS:

§  Section 76 (Mistake of Fact and Mistakes of Law):

Ø  It states that, nothing is an offense which is done by a person who is, or who by reason of mistake of fact and not by reason of a mistake of laws in good faith believes himself to be bound by law to do it.

Ø  Case: Gopalia Kauaiya vs Emperor on 22^nd Nov,1923

§  Section 77 (Judicial Acts):

Ø  It states that, nothing is an offence which is done by a Judge. When acting judiciary in the exercise of any power which is in good faith he believes to be, given to him by law.

§  Section 78 (Judicial Acts):

Ø  This section protects the person who executes an order or judgement of court.

§  Section 79 (Judicial Acts):

Ø  It states that, nothing is an offence which is done by a person who is justified by law or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

Ø  Case: Kiran Bedi vs Committee of Inquiry

§  Section 84 (Insanity):

Ø  It states that, nothing is offence which is done by person who at that time of doing it, by reason of unsoundness of mind is incapable of knowing the nature of act or that what he is doing is either wrong or can tarry of law.

MODULE:4

(FIR: FIRST INFORMATION REPORT)

INTRODUCTION TO FIR:

·       FIR stands for First Information Report

·       It is a written document prepared by the police when they receive information about the commitment of a cognizable offense.

·       The FIR is an essential element as it sets the criminal justice machinery in motion.

·       The term FIR is not defined in the Indian Penal Code, Code of Criminal Procedure 1973 or in any other law

PROVISIONS RELATED TO FIR UNDER CRPC:

·       Information to Police

·       Recording of Information

·       Content of FIR

·       Copy of FIR

·       Investigation

·       Report to Magistrate

·       Importance of FIR

IMPORTANT ELEMENTS RELATED TO FIR:

·       If any person is aggrieved by the refusal on the part of the officer in charge of a police to register an FIR, she can send the complaint to the SP/DCP concerned.

·       When a police station receives a complaint regarding an alleged offence that has been committed in the jurisdiction of another police station., it registers an FIR, then transfer it to the concerned police station. This is known as Zero FIR.

·       Complaint,in CrPC, is any allegation made orally or in writing to a Magistrate, with a view to his taking action under this code.

·       However, an FIR is the document that has been prepared by the Police after verifying the facts of the complaint.

(ARREST)

INTRODUCTION TO ARREST:

·       An arrest is a way of taking a person into custody as they may be suspected of an offense because a person is comprehended for doing something wrong.

·       Arrest should be made under legal authority.

·       The person should be in a lawful custody.

·       There should be detention or arrest of the person.

GUIDELINES PRESCRIBED BY THE COURT:

·       The arrested person can all or meet his lawyer.

·       He has to be presented before magistrate before 48 hours of his arrest.

·       The arresting officer must prepare the emo and be arrested by at least one witness.

·       The time and the place of custody must be notified to the family or friend of the arrested person.

(BAIL)

INTRODUCTION TO BAIL:

·       Bail under the CrPC refers to the temporary release of an accused person who is under arrest or in police custody, pending trial or investigation.

·       It is a legal process that enables an accused person to secure their release by providing a surety or a bond.

·       The basic principle of bail is that an accused person is presumed to be innocent until proven guilty and therefore should not be detained unnecessarily before trial.

·       However, this presumption is not absolute and the court may deny bail if there is a likelihood of the accused absconding or tampering with evidence, influencing witnesses or committing further offenses.

PROVISIONS FOR BAIL UNDER CRPC IN INDIA:

·       Bail for Bailable offenses: If the offense is bailable, then the police can grant bail at the police station.

·       Bail for Non-Bailable offenses: If the offense is non-bailable, then the accused can apply for bail before the court.

·       Bail by Police officer: Any police officer, not below the rank of sub-inspector may release the accused on bail if he is satisfied that there are sufficient grounds for doing so.

·       Anticipatory Bail: It is a legal provision that allows an accused person to apply for bail before being arrested.

·       Bail in special laws: Various laws have their own provisions for Bail. For ex- Prevention of Money laundering Act,2002 etc.

·       Conditions for Bail: The court may impose certain conditions while granting bail, such as a surety, bond, attendance at the police station, not leaving the country etc.

(SEARCH AND SEIZURE)

·       Search and Seizure are two essential tools in the investigation and prosecution of criminal offenses in India.

·       Provisions for Search under CrPC includes:

§  Search is the process of looking for something that is hidden or concealed.

§  In the context of criminal law, it refers to the search of a person, place or thing for evidence related to a criminal offense.

§  Section 100 of the CrPC empowers a police officer to search a place without warrant if he has reasonable grounds.

§  The police officer can also conduct a search if he has reason to believe that a person has concealed any article that may be used as evidence against him.

·       Provisions for Seizure under CrPC includes:

§  Seizure is the act of taking possession of something, usually as evidence in a criminal case.

§  In the context of criminal law, it refers to the confiscation of any article that may be used as evidence in a criminal offense.

§  Section 102 of the CrPC empowers a police officer to seize any article that he has reason to believe is connected with any offense.

§  The article seized must be produced before a court as soon as possible, along with a report of the seizure.

·       It is important to note that Search and Seizure powers are not absolute and they must be exercised with caution & in accordance with the law.

(IMPORTANT PRINCIPLES OF EVIDENCE LAW– RULE AGAINST HEARSAY, BEST EVIDENCE RULE AND DYING DECLARATION:

(EVIDENCE ACT OF 1872)

FEATURES OF THE ACT:

·       The evidence Act applies to all judicial proceedings before any court in India and also included Court martials.

·       The law of Evidence also respects the difference b/w criminal law and Civil law and lays provisions accordingly.

·       The Act also mentions when a fact if proved, disproved or not proved through evidence available.

·       As per Act, confessions out of court are not reliable.

·       The Act confirms circumstances using the terms “court may presume” and “court shall presume”.

TYPES OF EVIDENCES IN THE EVIDENT ACT, 1872:

·       Direct and Circumstantial Evidence

·       Oral and Documentary Evidence

·       Primary and Secondary Evidence

·       Real and Hearsay Evidence

·       Judicial and Non-Judicial

(RULE AGAINST HAERSAY)

INTRODUCTION TO RULE AGAINST HEARSAY:

·       Hearsay evidence means any information which a person gathers or collects from a person who has the first-hand knowledge of that fact or information.

·       According to the Indian Evidence Act, hearsay evidence is no evidence.

·       The rule against hearsay is based on the principle that such evidence is generally unreliable.

·       For example:

§  I saw a woman running with a bloodied knife. The information is itself seen by the witness. It is admissible.

§  I heard from my watchmen that a woman was running with a bloodied knife.it is hearsay evidence. Generally, it is not admissible in court.

EXCEPTIONS TO RULE AGAINST HEARSAY:

It is said that “hearsay evidence is no evidence”. But however, there are 4 exceptions when hearsay evidences are accepted by the court:

·       Res Gestae: the rule of res gestae means “the facts which form part of the same transaction”.

·       Admission: If a person in the court makes a statement against his own interest, then the court accepts such a statement on the ground that a person shall never make a statement against his own interests.

·       Confession: It means, if a person gives an extra-judicial confession that is outside the court, may be proved through the testimony of that person to whom such confession was made.

·       Dying declaration: it means hearsay evidence/declaration is acceptable in the court if such person is on his deathbed or suffering from any disability due to which he cannot appear before the court.

(BEST EVIDENCE RULE)

According to this rule, the best evidence available should be presented in court in order to prove a fact. The key point are:

·       Primary evidence: It is the best evidence and is required to be produced in court whenever available.

·       Secondary evidence: It admissible in court only if the primary evidences cannot be produced for valid reasons.

·       Hearsay evidence: Hearsay evidence is generally not admissible as it is considered less reliable than direct evidence.

·       Expert evidence: Expert Evidence is admissible when specialized knowledge is required to understand the facts of the case.

(OUTLINE OF PROCEDURE IN C.R.P.C AND LAWS)

Steps involved under CRPC Procedure:

·       Complaint/FIR

·       Investigation

·       Bail

·       Charge Sheet/ Charge

·       Discharged Charge/Frame

§  Evidence

§  Defence Evidence

§  Statement Of Accused

§  Argument

§  Order: Either Acquittal/Punished

(ROLE OF POLICE IN INVESTIGATION)

The key roles of police in an investigation under CrPC includes:

·       Registering an FIR: The police are responsible for registering the FIR when a cognizable offense is reported to them. The FIR provides the basis for investigation.

·       Collecting evidence: The police are responsible for collecting evidences related to the crime, such as physical evidences, witness evidences and expert opinions.

·       Arresting suspects: The power has the power to arrest suspects, following the procedures set out in the CrPC, in connection with a crime.

·       Interrogating suspects: the Police are responsible for interrogating suspects in custody, , following the guidelines set out in the CrPC.

·       Submitting the charge sheet: The charge sheet must contain all the evidences gathered by the police and charges against the accused and should be submitted to the court once the investigation is over.

MODULE:5

(RIGHT TO INFORMATION ACT: PROCEDURES AND LIMITATIONS)

OBJECTIVES:

·       Empower citizens to question the government.

·       The act promotes transparency and accountability in the working of the government.

·       It also helps in countering corruption in the government and let it work for the people in a better way.

·       Information relating to Internal Security, relations with foreign countries, intellectual property rights, cabinet discussions are exempted from RTI.

RECENT AMENDMENTS:

·       The RTI amendment Bill 2013 removes political parties from the ambit of the definitions of public authorities and hence from the purview of the RTI Act.

·       The RTI amendment Bill 2017 provisions provide for closure of case in case of death of applicant can lead to more attacks on the lives of whistle-blowers.

·       The RTI amendment Act 2018 is aimed at giving the centre the power to fix the tenure and salaries of state and central information commissioners,

·       The Act of 2018 will dilute the autonomy and independence of CIC.

LIMITATIONS OF RTI ACT:

·       One of the major set-back to the act is that poor record keeping within the bureaucracy results in missing files.

·       There is a lack of staffing to run the information commissions.

·       The supplementary laws like the whistle blowers Act are diluted, this reduces the effect of RTI law.

·       There have been reports of frivolous RTI applications and also the information obtained have been used to blackmail the government authorities.

(LEGAL SERVICES AUTHORITIES ACT, 1987 AND ITS PROVISIONS)

INTRODUCTION:

·       It was enacted by the Parliament in 1987 but it came into force on 9^th November 1995.

·       It was introduced as a result of a recommendation made in the 14^th report of the law commission of India.

·       Objectives of Legal Services Authorities under the Act:

§  Provide free legal aid and advice.

§  Spread legal awareness and Organise Lok Adalats

§  Promote settlements of disputes through Alternative Dispute Resolution (ADR) mechanism.

IMPORTANT PROVISIONS UNDER LEGAL SERVICES AUTHORITIES ACT, 1987:

·       The main provisions of the legal services authorities act 1987 is the

§  Hierarchical legal service institutions in the centre, state and district.

§  Free legal aid and Criteria for providing free legal aid.

§  Lok Adalats

·       The hierarchical legal services system in India exists at three levels includes:

§  National Legal Services Authority (NALSA)

§  State Legal Services Authority (SLSA)

§  District Legal Services Authority

·      National Legal Services Authority:

§  It has been constituted under Section 4 of the Legal Services Authorities Act 1987 and handles financial matters, allocates funds to respective state & district legal services authorities.

§  A serving or retired judge of the supreme court of India serves as executive chairman.

§  It organises legal aid camps by giving more focus on slums, rural areas and labour colonies.

·      State Legal Services Authority:

§  It has been constituted under Section 6 of the Legal Services Authorities Act 1987.

§  Their main task is to work according to the direction of NALSA regarding the implementation of policies and schemes.

§  A retired or serving judge of the high court serves ac its executive chairman.

·      District Legal Services Authority:

§  It has been constituted under Section 9 of the Legal Services Authorities Act 1987.

§  The conduct Lok Adalats at the district level.

§  The district judge serves as its ex-officio chairman.

(RIGHT TO ACCESS TO JUSTICE AND FREE LEGAL AID)

INTRODUCTION:

·       Article 39-A of the constitution states that “the state shall secure that the operation of the legal system promotes justice based on an equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation”.

·       Article 14 and Article 22(1) also promotes the state to ensure equality before the law.

·       Free legal aid strengthens the idea of the constitution to see every individual be equal and to promote necessary legal services to the poor and vulnerable group.

·       Provisions under free legal aid:

§  Advice on any legal matter.

§  Payment of all charges in connection with legal proceedings.

§  Procurement of certified copies of legal documents.

§  Preparation, Printing and translation of legal documents.

CRITERIA FOR GIVING FREE LEGAL AID:

·       The person should have an annual income of fewer than nine thousand rupees according to the state government.

·       Victims of ethnic violence, Mass disaster & natural calamities and human trafficking.

·       People with disability

·       Women and children

·       People belonging to SCs/STs.

(LOK ADALAT)

INTRODUCTION:

·       The organisation of Lok Adalat comes under section 19 of the Legal Services Authorities Act, 1987.

·       It received its statutory status under Legal Services Authorities Act 1987 and acts as an alternative dispute resolution system.

·       Lok Adalats settle cases which are pending or the cases that haven’t been brought before any court of law.

·       It constitutes judicial officers or people under central, state and district legal services authority.

FUNCTIONING OF LOK ADALATS:

·       The members of Lok Adalat should deal with the parties fairly and impartially.

·       The cases that are pending in the court are dealt with in Lok Adalats.

·       If the dispute is settled in the Lok Adalat, the court fee paid in the court on the petition will be received back.

·       There is no need to pay a fee to the court when a dispute is filed in a Lok Adalat.

TYPES OF CASES AT LOK ADALAT:

·       Family disputes

·       Mutation of land cases

·       Compoundable criminal offence

·       Encroachment on forest lands and Land acquisition disputes

·       Motor accident claim

TYPES OF LOK ADALATS:

·       National level Lok Adalat

·       Permanent Lok Adalat and Mobile Lok Adalat

·       Mega Lok Adalat

·       Daily Lok Adalat and Continuous Lok Adalat

(ALTERNATIVE DISPUTE MECHANISM)

INTRODUCTION:

·       ADR is a mechanism of dispute resolution that is non-adversarial i.e., working together co-operatively to reach the best resolution for everyone.

·       ADR can be instrument in reducing the burden of litigation on courts.

·       The need of ADR system came into being under great stress mainly because of the huge pendency of cases in courts.

·       In recent years, the pendency of cases in courts has underlined the need for ADR methods.

TYPES OF ADR MECHANISMS:

·      Arbitration:

§  In this mechanism, the dispute is submitted to an arbitral tribunal which makes a decision, that is mostly binding on the parties.

§  It is less formal than a trial with no rights to appeal against arbitrator’s decision.

·      Conciliation:

§  It is a non-binding mechanism with settlement binding in nature, in which an impartial third party, the conciliator, assist the parties in reaching a mutually satisfactory agreed settlement of the dispute.

§  The parties are free to accept or reject the recommendation of the conciliator

·      Mediation:

§  In mediation, an impartial person called a “mediator” helps the Parties try to reach a mutually acceptable resolution of the dispute.

§  Mediation leaves the control of the outcome with the parties.

·      Negotiation:

§  It is a non-binding procedure in which discussions b/w the parties are initiated without the intervention of any third party.

§  It is the most common method of alternative dispute resolution.