4. Explain the necessity of administration of justice. Distinguish between criminal and civil administration of justice. PDF

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Question 4: Explain the necessity of administration of justice. Distinguish between criminal and civil administration of justice. Ans: Justice and Administration of Justice: Without administration of justice, it is possible keep the poplin fear of punishment or compensation for violation of law and in the process, people are kept disciplined and made to obey the law. Force in all orderly societies in the form of administration of justice has now become latent by declaring the rights and duties of its subjects. ! Justice is precisely treating like cases alike and giving fair and equal treatment to all persons, irrespective of status, religion, caste, sex, race, place of origin, etc., In other words, in rendering justice, there should not be singling out persons for special treatment, unless there are special circumstances for doing so. ! !

Justice is thus an ideal concept. It is like truth.Law helps judges to pursue justice. Justice is also the conscience of the while of society. Justice includes individual liberty for achieving individual and social welfare. At the same time, justice confines such liberty within limits, consistent with the general welfare of mankind. ! !

Salmond defines the administration of justice as ‘the maintenance of right within a political community by means of the physical force of the State’. It includes all the aspects connected with the administration of justice, not merely with the filing of cases in a Court but pronouncement of judgements and their execution. " One of the essential functions of the State is the administration of Justice. Law being the instrument of justice, Courts of Justice are also Courts of law, because justice has to be rendered according to law.! ! Necessity of Administration of Justice: In primitive days, man redressed his grievances by taking revenge on is enemies by his own hands. To quote Hobbes, “Kill whom you can and take what you can was the slogan of those days.” In order to live a decent and orderly life in society, the State should have powers of force against wrong doers and law violators. The administration of justice is the modern and civilised substitute for the primitive practices of private vengeance and self-help. ! Meaning: Administration of justice means justice according to law. According to Salmond, it is the maintenance of rights within a political community by means of the physical force of the State. Physical force of the state is the sole or exclusive factor for a sound administration which also helps obedience to law. These factors are social sanctions habits, convenience etc. Necessity of Administration of Justice are as follows: ! 1. In determining a nations’s rank in a political organisation, the test is how effective is its administration of justice. ! 2. A State may not be called a state, if it has failed to discharge its functions concerning the administration of justice. ! 3. Life becomes risky in a society in which there is no preservation of the rights of men and no prevention of injustice. ! 4. There may not be any necessity of the administration of justice in a utopian form of society, but in the present materialistic world, it is impossible to live without the machinery of justice. ! 5. Administration of Justice, thus, must be regarded as a permanent and necessary element of civilisation and as a device that admits of no substitute. !

Legal Justice: Civil Justice and Criminal Justice! Both civil wrongs and crimes are administered by legal justice. Based on the civil wrong / civil liability and crime/penal liability, legal justice is divided into two types:" 1. Civil Justice - Civil Wrongs / Civil Suits : Civil wrong is an infringement of the private or civil rights belonging to individuals and cause civil injuries. For e.g, a breach of contract, o trespass to land infringe the rights of the individual wronged, but does not injure society in general. So, under civil justice the victim can sue for compensation in Civil Courts. ! ! The civil wrongs and civil suits are dealt under civil proceedings in Civil Courts. If a civil proceeding is successful, then it results in judgement and decree for enforcement of the rights of the plaintiff. ! ! The object of civil proceedings is thus encorcement of rights. Both in civil and criminal proceedings, realisation of money is involved and for disobedience of civil decrees, civil imprisonment is imposed. Civil disputes are mostly private in nature and they are not committed against the community at large and the goal of civil procedure is non-private. ! 2. Criminal Justice - Criminal Wrongs: Crimes are breach and violation of public rights and duties. They affect the whole community. Law considers crimes as harmful for the society in general, even if the victim is only an individual. ! ! For e.g, murder is an offence against individual, but it is considered as a harm to the society and so mere compensation to the victim’s family from the murderer is not sufficient punishment to the murderer. The State further proceed against the accused and on proof, convict him with imprisonment/fine, etc.,! ! Crimes and offences come under the purview of criminal proceedings. Criminal proceedings are conducted in criminal Courts. The criminal proceedings result in punishments like death sentence, life imprisonment and fine. It also includes executing bonds for keeping peace and tranquility and also keeping good behaviour. ! ! The object of criminal proceedings is to punish wrongs and crimes of more harmful to society and people than civil disputes. Sometimes, the civil wrongs and criminal crimes overlap each other . The following are the instances: ! 1. Certain wrongs are committed against the State and therefore they are called public wrongs, but law regards them as civil wrongs. For e.g., refusal to pay taxes is an offence against the State, but it is a civil wrong only.Similarly, an action by the State for the recovery of a debt is purely civil, though it may be a public wrong.! 2. Some civil wrongs cause more harm than criminal offences. For e.g., the gross negligence of a contractor in construction of a building may result in collapse of the building, thereby causing great loss to property and life. This is more harmful than a petty theft or assault or criminal trespass. ! 3. Sometimes, the same acts simultaneously amount to both a crime and a civil wrong. For e.g, defamation, negligence etc., " Differences between Criminal Justice and Civil Justice: - Criminal Justice: " 1. All Criminal Wrongs are administered by Criminal Justice. For e.g, Theft, murder, rape, forgery, etc. ! 2. All crimes are public wrongs. ! 3. Most of the Criminal proceedings are instituted by the State. !

4. A crime is treated as a harmful act to the entire society. ! 5. The object of the criminal justice is to ‘punish’ the wrong-doer, ranging from death to fine. ! 6. Criminal justice is administered according to the law of Criminal Procedure! 7. The doctrine of estoppel does not apply to criminal justice. ! 8. The principle of criminal justice is that thousand guilty men can escape, but one innocent should not be punished. ! 9. The guilt must be proved beyond reasonable doubts. ! 10. The benefit of doubt always goes in favour of the accused. ! 11. The rules of evidence cannot be relaxed by consent of the parties. ! 12. The cases once instituted cannot be compounded withdrawn in criminal justice except when permitted by law.! 13. The burden of proof always lies on the prosecution. ! 14. In criminal cases, the obligation lies on the Court to bring all relevant evidence on record so that justice is done to the accused. ! 15. The criminal justice deals with remedial and breaches of duties. So it is a corrective justice. ! 16. Criminal courts administer the Criminal Justice. ! Civil Justice: " 1. All civil wrongs are administered by Civil Justice. For eg, Breach of contract, trespass to land etc. ! 2. All civil wrongs are private wrongs. ! 3. Generally, the affected person institutes the civil proceedings. ! 4. Civil wrongs are deemed only to violate the rights of individuals. ! 5. The object of the civil justice is to provide ‘compensation’ to the affected person by the wrongdoer. ! 6. Civil justice is administered according to the law of Civil Procedure. ! 7. The doctrine of estoppel apples only civil justice. ! 8. The principle that thousand guilty men can escape rather than one innocent should be punished does not apply to civil proceedings. ! 9. The rules of evidence may be relaxed by the consent of parties. ! 10. The proceedings may be withdrawn by the parties with their own consent. ! 11. The burden of proof lies on both the plaintiff and the defendant.! 12. in civi proceedings, it is the duty of the parties to the dispute to prove their case. ! 13. ‘Benefit of doubt’ principle does not arise in civil justice. !

14. The civil justice deals with the distribution of property, wealth and honour. So it is a distributive justice. ! 15. Civil courts administer the civil justice. ! ! !

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