Criminal law and IPC ADMINSTRATION OF JUSTICE
Meaning –In order to understand the meaning of the word let’s divide it into two parts first administration which means management and second justice that means the quality of being just. Justice consists of impartiality, integrity or rightness. Administration of Justice is generally divided into parts –Administration of Civil Justice and Administration of Criminal justice According to Salmond the main function of the administration of justice is the protection of Individual rights, enforcement of laws and punishment of criminals.Advantages of Administration of Justice –-Uniformity and certainty-Everyone is expected to know what the law is and there is no scope for arbitrary action .Judges are also compelled to give the order according to the law settled in country.-Impartiality-Judges are required to treat everyone same before the eye of law unless a specified differentiation has been mentioned in the law.-Regulation –As the law is known to the citizen it enables them to regulate their conduct in accordance with it b. Theories of Punishment –-Deterrent theory-According to Salmond the deterrent aspect of punishment is necessary .As the object of this kind of punishment is not only to stop the wrongdoer from repeating the crime again but also to set an example before the public that if they are going to do such acts than they might face same consequences .This will help them make a decision before committing any crime .Here the word DETER means to abstain from doing any wrongful .Basically it will aware the people of society.-This theory consists of 3 major components 1.Severity –It indicates the degree of punishment. 2. Certainty-It means making sure that punishments must be given whenever the crime is committed. 3. Celerity –The punishment must be given as soon as possible so that ithas more effect to deter crime.-Preventive Theory –This theory’s objective is to prevent the wrongdoer from committing the crime again. Deterrent theory aims at giving warning to the society at large whereas preventive theory’s objective is to stop the wrongdoer from committing the crime. The aim of this theory is to prevent crimes that can be done when the criminal activities of the wrongdoer is checked. This can be done by disablement.Criticism-That the preventive punishment has the undesirable effect of hardening first offenders or juvenile offenders when imprisonment is the punishment by putting them in the association of harden criminals.-Reformative Theory –This theory believes in reforming the criminal. It basically wants the criminal to change them from within. Wrongdoer should be given a chance to live life like normal human being after serving the punishment. The wrongdoer during the term of imprisonment should be taught some kind of craft or skills so that when they come out they should be able to live a different and better life.Criticism –This theory anticipates better framework and offices in Jail and also not everyone in that jail can be changed like bad –to-the bone lawbreaker.-Retributive theory – This was called the theory of vengeance. It is based on small doctrine namely the doctrine of Lex talionis which means an eye for an eye .This theory however ignored the fact that always having retributive approach will make the society very rebellious .All though it has some good points that it act as a strong deterrent, helps in giving moral justice to the victim and establishes the feeling of trust within the society .-Compensatory theory of Punishment –This theory believes that punishment should not only be to prevent further crime but it should also exist to compensate the victim who suffered the harm. All other theory talks about the wrongdoer but in this theory it talks about the how the victim can be benefited.