Jury System in India - 1861 Words

Jury system And Its relevance in India. ------------------------------------------------- Abstract ------------------------------------------------- This research article attempts to explain what exactly is jury system and the objective behind having jury trials. Also, we talk about its relevance in India and Indian judiciary. Tracing right from the period after independence when jury system prevailed in India, later when it was abolished and the present times where it is nowhere to be seen in our judiciary system, I have tried to gauge its suitability and feasibility in India and find whether the decision of abolition of jury system really a right decision or should we have jury system back incorporated in our judicial system like†¦show more content†¦It is true that in the earliest time known to us justice was administered to by arbitrators known as Panches or Panchayats chosen from the particular caste, tribe, trade or locality to which the parties belonged ; but there is little in that system analogous to English trial by Judge and Jury in criminal cases, and no attempt has been made yet to introduce into Indian Trai l by Jury in civil cases.The Trial by Jury of capital crimes committed by the Company’s servants was enacted by an Ordinance of James I dated 1623/4, and jury trial became the rule for criminal trials on the original side by the Supreme Court in Calcutta. This system passed on naturally to the Chartered High Courts, but this involved so small a part of the volume of criminal cases as to be negligible, except in so far as it provided an exemplar for the establishment of juries in the Ordinary Courts of Sessions.The first case decided by an English jury in India happened in Madras (today Chennai) in 1665. It is described by Professor M. P. Jain in his Constitutional history. †¢ One Mrs Ascentia Dawes (probably a British woman) was charged by a grand jury with the murder of her slave girl. Then a petty jury, with six Englishmen and six Portuguese, found her guilty â€Å"but not in manner and form†. The Governor asked the jury for a second clearer verdict†¦ and M rs Dawes was acquitted. †¢ This first case is almost the summary of a rather sadShow MoreRelatedA Case For Jury Trials1259 Words   |  6 Pages A case for Jury Trials in India By: Scott A. McMillan, Ravishankar K. 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