Table of Contents
Why is there no jury in India?
The majority of common law jurisdictions in Asia (such as Singapore, Pakistan, India, and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases.
Did India ever have a jury system?
A trial by jury was held sometime after where all the five people were charged with common intent to murder under Sections 302 and 304 of the Indian Penal Code. Thus, the real last jury trial was conducted in the year 1973 where Prakash and Rabindranath were retried at the Calcutta High Court Sessions.
What would happen if there is no jury selection?
If a prospective juror fails to show up for their jury selection summons, the court can issue a second summons that the person must pick up at the courthouse. Ultimately, an arrest warrant can be issued for repeated failure, but the Solicitor General’s office says no fines have been issued for juror absenteeism.
Does the jury system suffer from any flaws?
Juries are biased. Juries disregard the judge’s instructions or the law itself when reaching a verdict. Juries know too much about a case from media publicity to be able to render a fair judgment, or juries know too little and are unable to comprehend the issues in complex cases.
Is our jury system flawed?
The jury system is designed to ensure that justice prevails through the use of a fair trial by one’s peers. However, it is a flawed system. Biased jurors: jurors may be influenced by their own personal prejudices and therefore may not decide based on the facts.
Why jury trials are better?
Jury trials tend to last longer than non-jury trials, thus raising legal costs. Judges tend to be stricter on legal technicalities and procedures during a jury trial than a non-jury trial.
Why India does not have a jury system?
Also since it is a long drawn process and considering the current amount of already pending cases it is really not feasible to have jury system for India.
The Nanavati case raised the scepticism about jury trials, a system that was already losing appeal. In the 1960s, the jury system was abolished in India. A lot of academic studies and reports since then have attempted to reflect on the way cases should be adjudged.
When was the jury trial abolished in India?
It was said that the verdict was “perverse” and influenced by medias. • Curiously the jury trial was abolished in India by a very discrete process during the 1960s, finishing with the 1973 Code of criminal procedure, always in force (Court of sessions without jury). 2AIR 1962 605 SC.
How did the jury decide the case?
The Jurors only could decide the case as guilty or not guilty UNDER THE REGISTERED SECTION and as per the evidences shown to them. Meaning, in the Jury system prevailing at that time, most of the powers were with the Judge and not with the Jurors. . This Jury system even though weak was quite beneficial to the society and to the country.