This article is specially designed for advocates, lawyers, and law students. I am going to discuss the best way to study criminal law. As we all know that there are three major statutes in our country related to criminal law-
1. The Indian penal code 1860
2. The Code of criminal procedure 1973
3. The Indian Evidence Act 1872
Besides this, there are several special and local laws. In this specific article, we are going to discuss only the three major laws.
Recently, the legislature has decided to amend the criminal law of India Comprehensively. Majorly there are two types of the criminal justice systems in the world-
- Adversarial system(applicable in India)
- Inquisitorial system(not applicable in India)
In the adversarial, some burden is on the prosecution to prove the guilt beyond reasonable doubt and the Investigation Agency collects evidence against the accused and not in the favor of the accused.
In the adversarial system, we judge organ magistrate do not take the active participation in the trial process. But we can find some traces of the inquisitorial system in the Indian law as well. For example section 165 of the Indian Evidence Act 1872, section 319, and section 311 of the code of criminal procedure 1973.
On the other hand, if we talk about the tutorial system there is a quest for the truth countries such as France Norway and Denmark follow the inquisitorial system. The Investigation Agency collects the evidence for and against the accused and the magistrate participates in the preceding to find out the truth.
Justice MALIMATH committee criticized the accused sentence system and said that there was no provision for the victim in the code of civil procedure.
The committee has also said that the Indian criminal justice system is predominantly adversarial but it has tenets of a tutorial system. After this report CRPC witnessed changes in the year 2019 when the definition of the victim was introduced for the first time.
So, when you sit at your study table for preparing your criminal law then the first thing you have to do is bring all the three bare acts with you and if you have the standard books on the subject then you should bring them up as well.
I am presuming that you have a fair idea about the Indian Penal Code and the offenses mentioned in it. Try to relate the provisions of the Criminal Procedure Code with the Indian Evidence Act.
On the first reading, it will be difficult for you to relate or to connect the provisions. This is a normal thing and you do not need to very at this stage. Initially, it becomes difficult as you are not aware of the related actions.
But when you have achieved the goal of completing all the three laws then you can do it very easily. It will become a cakewalk for you.
There is a saying in law that law is a jealous mistress, you need to revise the procedural law as many times as you can. We all know that law is dynamic in nature and you have to be updated.
Indian law info helps you to get updated your legal knowledge every day. If this article helped you feel free to share it with your friends so that they can also get this information. You can also write a mail on the official mail ID of Indian law info i.e. – [email protected]
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