Introduction

A basic understanding of the Indian legal and criminal justice systems is essential for comprehending the subsequent chapters of this book. Hence, in this Chapter, I provide a brief introduction to the Indian criminal justice system. I discuss, among other things, the hierarchy of courts, pre-trial and trial processes, and the appellate process.

The Legal System

The Constitution of India provides for a federal system, in which legislative powers are divided between the central, state and local governments. Article 246 read with Schedule VII to the Constitution, demarcates legislative powers between the centre and the states. Schedule VII consists of three lists – the ‘Union List’ (List I), the ‘State List’ (List II), and the ‘Concurrent List’ (List III). Matters enumerated in the Union and State Lists are within the exclusive legislative competence of the Union Parliament and State Legislatures, respectively. Both the Parliament and State Legislatures are competent to legislate on matters in the Concurrent List. However, in the event of repugnancy between a state and a central law, the central law prevails to the extent of repugnancy. Criminal law and criminal procedure find a place in the Concurrent List, whereas police and prisons are in the State List.

The Indian judiciary is unitary in nature, with courts having the power to adjudicate on both central and state laws – there is no separate federal and state judiciary in this respect. The Supreme Court of India sits at the apex of the judicial system. Additionally, each state has its own High Court, although Parliament has the power to establish a common High Court for two or more states. High Courts are at the apex of the state judiciary, below which are a set of subordinate courts in the districts. One major distinction between India and other common law countries is that India does not follow the jury system. Trials in serious criminal cases are generally conducted only in district courts, by judges sitting individually.

The High Courts and the Supreme Court are appellate courts. Judges in the Supreme Court and the High Courts generally sit in panels of two or more (depending on the nature of the case) and do not sit en banc.