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erally refers to body of rules that defines the conduct which is prohibited by the state because it is held to threaten, harm or otherwise endanger the safety and welfare of the public, and sets out the punishment to be imposed on those who breach the said law. Now substantive criminal law defines crime and provides for their punishments where as In contrast procedural describes the process through which the criminal laws are enforced For e.g. the law prohibiting murder is a substantive criminal law; the manner in which government enforces this substantive law—through the gathering of evidence and prosecution—is generally considered a procedural matter.

Like every developed criminal legal system, India too has a reputation for long winding procedures and an elaborate system of trial and investigation exists our criminal justice system while the rationale is to ensure that the complainant has the satisfaction of the knowledge and erudition of the best legal minds and the offender does not go unpunished the price for this turns out to be the delay in finality, outcome of proceedings. There have been several attempts to simplify the procedure but the sheer number of cases seems to overwhelm the system and delay in disposal of cases in criminal law courts has really defeated the purpose for which the people approach the courts for remedy.

It is aptly said that justice delayed is justice denied therefore the need has arisen to find out an alternative to render justice to the common man who wants his grievances redressed through legal and faster means which proves also economical when compared to time consuming and expensive traditional court litigation process. In the background of this and the fact that India is presently at a critical stage of its development one needs to rethink about the dispute resolution mechanisms of the past. In the absence of a proper remedying system which is fast and as well as economically viable persons who are looking to knock the doors of criminal justice may conclude that exit that our legal system is slow and does not lead to fair dispensation of justice thereby eroding the trust of common man in the criminal justice system .

Now India for dispensation of criminal justice follows the adversarial system of justice which is inherited from the British Colonial Rulers (common law). The Indian criminal justice system calls for a change which has been noted in the Malimath committee report extensively, a perusal at even the simplest of internet search engine i.e. Google shows that there have been 29,900,900 results in 0.13 seconds when one searches for “need to change the Indian criminal system.” [6] From the above search along with the perusal of the Malimath committee report and various reports and articles by which the news papers are flooded one can draw an inference that the Indian criminal justice system needs an overhaul in order to withstand the changing times. Further to add the agony the conviction rate is just 6.7 per cent. [7] This figure sadly reflects the state of affairs of our criminal justice system.

The failure of the criminal justice system to punish the criminals has resulted in increased lawlessness and decreased fear of the law in the Indian society, the fear of punishment as a deterrent effect of has evaporated as the general impression is that nothing serious can happen in the existing system to a law breaker as the criminal justic本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。