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tire legal fraternity – lawyers, students, judges and legislators – all over the world have started viewing alternate dispute resolution in a new perspective, treat it as now an integral part of modern legal practice and jurisprudence. ADR is not only the answer but also a solution to social peace and a viable solution to alternate resolution of various disputes. Alternative dispute resolution is a term that refers to several different methods of resolving various types of disputes outside the traditional legal and administrative forums. These methodologies have surged in popularity in recent years because courts became extremely frustrated over the expense, time and emotional toll involved in resolving disputes through the usual avenues of litigation.

Being a law student one during his internships is exposed to various sights and angles of a case, the judicial system especially when working in courts. There were also several instances where I would notice the position of the pauper, victims and even accused for that matter in criminal cases which can never go unnoticed e.g. a simple case of theft where in the accused was in jail for more than 2 years without a trial, call it ill fate or a lacunae in our system, many attribute it to the later reason being it’s the state’s primary responsibility to maintain law and order so that citizens can enjoy peace and security with an affluent judicial system for remedying their concerns .The Indian criminal justice system calls for a change which has been noted in the Malimath committee report extensively. Therefore the researcher has taken the present topic to research upon whether by introducing ADR techniques an improvement in the working of the current dispensation of criminal justice system can be made without calling for major infrastructural changes.

Predicaments of our criminal system and resolution via introduction of ADR techniques

India for dispensation of criminal justice follows the adversarial system which is inherited from the British Colonial Rulers (common law). In this system firstly the accused is presumed to be innocent and the burden lies on the prosecution to prove beyond reasonable doubt that he is guilty. To add to the agony the accused also enjoys the right to silence and cannot be compelled to reply it is to be noted that the aim of any criminal Justice System is to punish the guilty and protect the innocent where as in fact in the adversarial system truth is supposed to extracted from the respective versions of the facts presented by the prosecution and the defence before a neutral judge who acts like an umpire to see whether the prosecution has been able to prove the case beyond reasonable doubt or not and if not then gives the benefit of doubt to the accused. The trial here is oral, continuous and confrontational where the parties use examination and cross-examination of witnesses to undermine the opposite side’s case and to discover information which the other side might be concealing.

Secondly there is no positive duty on the judge to discover truth thereby making him play a passive role and is heavily inclined in favour of the accused and is insensitive to the victims’ plight and rights and allowing most of the accused to escape conviction which has eroded the confidence of the people in the efficacy of the system and made it necessary to seek out remedies outside the traditional parameters. [9]

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