Alternative Dispute Resolution in Criminal Justice System: Need of the Hour?

Abstract

Jurists, academicians, lawyers, prosecutors and under-trial litigants in present scenario in India, would unequivocally agree that the Criminal Justice System in India needs a serious reform and mechanism for speedy disposal of cases. The justice delivery system is crumbling under the huge burden of the pending cases.

This Article seeks to explore the avenues of Alternative Dispute Resolution in the realm of criminal cases pending before various courts, also explore the scope of settling disputes at pre-litigation stage and investigation stages, reference of certain classes of criminal cases for mediation and conciliation, which can help dispose of cases which are either compromised by the parties themselves or such cases which would lead to acquittal owing to lacunae or lack of incriminating evidences against the accused, thereby reducing the burden on the judiciary and save resources and precious time of Courts.