Community Sentence Effectiveness Studies
1. Fundamental Framework
Both UK and India use common law systems, relying heavily on judicial precedents.
India’s system is influenced by British colonial law but integrates constitutional protections (e.g., fundamental rights).
Both have adversarial trials, but India incorporates inquisitorial elements in investigations.
2. Presumption of Innocence & Burden of Proof
Both systems presume innocence until proven guilty beyond reasonable doubt.
UK Case: Woolmington v. DPP [1935] AC 462
Established the golden thread: burden on prosecution to prove guilt.
Indian Case: State of Uttar Pradesh v. Rajesh Gautam (2003) 8 SCC 298
Supreme Court reaffirmed burden on prosecution and presumption of innocence.
3. Right to Legal Representation
Both systems guarantee the right to counsel.
UK: R v. Legal Aid Board, ex parte Hughes [1992]
Affirmed importance of legal aid for fair trial.
India: Laxman Nayak v. State of Orissa (1969) AIR 1289
Right to free legal aid under Article 39A of the Indian Constitution.
4. Trial Procedures and Evidence
UK uses strict rules of evidence; hearsay is limited.
India follows the Indian Evidence Act, which is broader but also excludes irrelevant or unreliable evidence.
UK Case: R v. Turnbull (1977) QB 224
Provided guidelines on eyewitness identification reliability.
Indian Case: K. M. Nanavati v. State of Maharashtra (1962) AIR 605
Famous for jury trial and evidence evaluation in murder trial.
5. Sentencing and Punishment
Both allow imprisonment, fines, and in limited cases, capital punishment.
UK Case: R v. Dudley and Stephens (1884) 14 QBD 273 DC
Famous for the limits of necessity defence in murder sentencing.
Indian Case: Bachan Singh v. State of Punjab (1980) AIR 898
Landmark case limiting death penalty to "rarest of rare" cases.
6. Police Powers and Custodial Rights
UK: Police follow the Police and Criminal Evidence Act 1984 (PACE) for stop, search, and detention.
India: Governed by the CrPC (Code of Criminal Procedure) and PPE Act; concerns about custodial torture persist.
UK Case: R v. Samuel (1988) 1 WLR 1110
Set standards for fair treatment of detainees.
Indian Case: DK Basu v. State of West Bengal (1997) 1 SCC 416
Supreme Court issued guidelines to prevent custodial torture.
7. Jury Trials
UK: Jury trials in serious criminal cases are common (England and Wales).
India: Abolished jury trials after the famous Nanavati Case (1959-62) citing concerns about bias.
8. Right Against Self-Incrimination
Both protect individuals against self-incrimination but differ slightly in application.
UK: R v. Fulling (1987) 86 Cr App R 106
Affirmed right to silence but allowed adverse inferences under certain conditions.
India: State of Bombay v. Kathi Kalu Oghad (1961) AIR 1808
Article 20(3) of Constitution protects against self-incrimination.
Summary Table
| Aspect | UK System | Indian System | Key Cases (UK) | Key Cases (India) |
|---|---|---|---|---|
| Presumption of Innocence | Burden on prosecution | Same | Woolmington v. DPP | State of UP v. Rajesh Gautam |
| Legal Representation | Legal aid available | Constitutional right to legal aid | R v. Legal Aid Board | Laxman Nayak v. State of Orissa |
| Trial Procedure | Strict evidence rules | Indian Evidence Act | R v. Turnbull | K. M. Nanavati v. Maharashtra |
| Sentencing | Rare death penalty | Death penalty “rarest of rare” | R v. Dudley & Stephens | Bachan Singh v. Punjab |
| Police Custody | PACE protections | CrPC & guidelines against torture | R v. Samuel | DK Basu v. West Bengal |
| Jury Trial | Used in serious cases | Abolished post-Nanavati | - | K. M. Nanavati Case |
| Self-incrimination | Right to silence but limited inferences | Strong constitutional protection | R v. Fulling | State of Bombay v. Kathi Kalu Oghad |
Quick Questions:
How do you think the abolition of jury trials in India affects trial fairness compared to the UK?
Why might the Indian courts have stronger constitutional protections against self-incrimination?
Can you see benefits or challenges in the differences in police powers and custody protections?
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