LIJDLR

Criminal Justice System

ENCOUNTER DERIVED BY PUBLIC SENTIMENTS: WHETHER PART OF CRIMINAL JUSTICE SYSTEM

Volume III Issue IV /

ENCOUNTER DERIVED BY PUBLIC SENTIMENTS: WHETHER PART OF CRIMINAL JUSTICE SYSTEM Sadhvi, LL.M student in Department of law and Governance, Central University of South Bihar (India). Dr. Deo Narayan Singh, Assistant Professor in Department of Law and Governance, Central University of South Bihar (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.207 The article talks about the complex relationship between the encounter or extra judicial killings by law enforcement agencies and relative public sentiments, exploring how encounter has been influenced by the popular opinion, being legitimatized and at times being challenged for its validity in the Indian Criminal Justice System. A troubling dynamic is being witnessed due to the convergence of public opinion, political expediency, and law enforcement culture where these extra judicial killings have been normalized in spite of clear constitutional violations and legal prohibitions. The author’s prime focus is to analyse the driving factors behind these fake encounters where public sentiments are involved and its reason for variations at regional level through out India. Our Criminal Justice System is the outcome of Adversarial justice System where every person has the right to produce evidence in his favour and to defend himself with all the fair opportunities, and encounter takes away all such opportunities so it must be in accordance with law.

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WHITE-COLLAR CRIME AND SENTENCING DISPARITIES: A LEGAL AND SOCIAL ANALYSIS

Volume III Issue II /

WHITE-COLLAR CRIME AND SENTENCING DISPARITIES: A LEGAL AND SOCIAL ANALYSIS Parth Sarthi Rao, BBA LLB/ 4th Year/ 8th Semester Student at Christ (deemed to be University), Bangalore. Riddhi Gupta, BBA LLB/ 4th Year/ 8th Semester Student at Christ (deemed to be University), Bangalore. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.49 This research paper aims to critically analyse the disparity in legal outcomes and public perception between white-collar crimes and street crimes, with a specific focus on the implications of socioeconomic factors, access to legal resources, and judicial discretion in the enforcement of justice. In order to investigate the systemic leniency extended towards white-collar criminals in contrast to the harsher penalties imposed on street-level offenders, a doctrinal approach has been adopted, relying extensively on secondary sources such as court judgments, sentencing reports, and scholarly commentary. Through this method, the author examines how the perception of white-collar crime as non-violent, coupled with the offenders’ social status and access to high-quality legal counsel, results in more favourable sentencing outcomes within the criminal justice system.  The research further explores how mechanisms such as plea bargaining and judicial discretion often deepen sentencing disparities, reinforcing existing socioeconomic bias and institutional inequality. Relying on comparative case analysis including the Satyam scandal, the Enron collapse, and Bernie Madoff’s Ponzi scheme—the paper underscores how corporate crime often escapes proportionate legal consequences despite the immense societal harm it causes.  The author argues that the existing legal framework not only erodes public trust in justice but also fails to uphold the principle of equal accountability. Consequently, this paper advocates for stricter sentencing guidelines, a reevaluation of prosecutorial discretion, and increased public awareness to ensure equitable enforcement of law across all socioeconomic strata.

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CRITICAL ANALYSIS OF PROBLEMS OF WITNESSES IN CRIMINAL JUSTICE SYSTEM IN INDIA

Volume III Issue I /

CRITICAL ANALYSIS OF PROBLEMS OF WITNESSES IN CRIMINAL JUSTICE SYSTEM IN INDIA Tanu Rajput, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Anupriya Yadav, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.31 The integrity and safety of witnesses are crucial to the legitimacy and efficacy of any criminal justice system. Threats, intimidation, harassment, postponed trials, and a lack of institutional protection are just a few of the many difficulties that witnesses in India frequently encounter; these issues jeopardise the administration of proper justice. This research assesses the efficacy of recent law reforms while critically analysing the systemic issues witnesses encounter inside the Indian criminal justice system. The Indian legal system has entered a transformative phase with the replacement of colonial-era laws by the Bharatiya Sakshya Adhiniyam (BSA), Bharatiya Nyaya Sanhita (BNS), and Bharatiya Nagarik Suraksha Sanhita (BNSS), specifically the Indian Evidence Act, Indian Penal Code, and Code of Criminal Procedure. This paper looks at how these recent laws handle long-standing concerns about credibility, examination, and witness protection. The study investigates the shortcomings of the existing safeguards, the influence of hostile witnesses, and procedural bottlenecks. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 772-786. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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