Administration of Justice & Its Kinds
1. Introduction:-
War and
administration of justice are the two most essential functions of the state. If
the state is incapable of performing these two functions it cannot be called a
state. Administration of justice implies the maintenance of peace and order
within a political community b y means
of physical force of the state.
2. Definition of Administration of Justice
According
to Salmond : -”The administration of justice implies the maintenance of right
within a political community by civilized substitute for the primitive practice
of private vengeance and violent self-help.” This has been criticized on the
ground that it is not the force of the state alone that secures the obedience
of law. There are a number of other factors such as the social sanctions,
habit and convenience which help in the obedience of law. In civilized
societies, obedience to law becomes a matter of habit and in very rare cases
the force of the state is used to secure it.
3. Kinds of administration of justice
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(a) Administration of Civil Justice:
The wrongs which are the subject-matter of civil proceedings are
called civil wrongs. The rights enforced by civil proceedings are of two
kinds
(1) Primary Right
(2) Sanctioning or remedial rights.
(1)
Primary Right
Primary right are those rights which exists as such and do not
have their source in some wrong.
(2)Sanctioning
or remedial rights
Sanctioning or remedial rights are those which come in to
existence after the violation of the primary rights.
The object of the civil administration of justice is to ascertain
the rights of the parties and the party who suffers from the breach of such
rights is to be helped by way of paying damages or getting injunction,
restitution and specific performance of contract etc.
(b)Administration of Criminal Justice:-
The object of the criminal justice
is to determine the crime of a person who is charged with the doing of an
offence. The criminal court after proving that the offender is guilty of
the offence charged awards him the punishment of fine, imprisonment as
prescribed by criminal law. A convicted person is awarded physical pain.
Thus the main purpose of the criminal justice is to punish the wrongdoer.
4. Difference between civil and criminal administration of justice
(i)
As to Court
In the civil case the suit is Filed in
the civil court. In the criminal cases the proceedings Is filed in the criminal
court.
(ii)As to Remedy
The main remedy in civil Cases is damages. The main remedy in
criminal cases is to Punish the offender.
(iii)
As to Procedure
In the civil cases, the court follows
the procedure Prescribed in Civil Procedure Code. In the criminal cases, the court follows the procedure laid down in
criminal Procedure Code.
(iv)As
to start of Proceeding
In civil cases the action is taken by
the injured party and the Suit is established by himself By giving evidence. In
criminal cases the proceeding is taken by the state and the injured party is
called out as a witness by the state.
(v)Benefit
of Doubt
In criminal cases benefit of doubt
is given to accused while in civil cases no such benefit is available.
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