“Criminal law cannot be expressive in all provisions and the judicial dispensation must bear in mind the cardinal principles of criminal jurisprudence in addition to accepting explainable human nature that aligns with human conduct which no law can change,” said S. Nagamuthu, judge, Madras High Court.
Delivering the Knowledge Leadership Forum lecture on “Principles of Criminal Jurisprudence” at the School of Law at the SASTRA University near here on Saturday, Mr. Nagamuthu covered the various elements and dimensions of the criminal justice administration in the country.
Dividing India’s history of criminal jurisprudence on pre-constitutional and post-constitutional time lines, he stressed on the rule of law was the basis of administering justice in India.
Stressing the salience of constitutional principles, he said the Constitution was the touch stone of every statute.
On procedural law relating to criminal justice adjudication process, he traced the various stages of arrest enshrined in the Code of Criminal Procedure, 1973.
Explaining the constitutional balance relating to the fundamental rights jurisprudence and the procedural nuances, he dwelt on the basic principles relating to the Criminal Procedure Code and the Indian Evidence Act, 1872. He advised lawyers to be familiar with the provisions of the Evidence Act and assist the court in dispensing justice. Mr. Nagamuthu said that India now stood at the transitory phase from following an adversarial model of justice to the inquisitorial system, where justice was to be delivered at the doorstep of the aggrieved. He said that lawyers were professionals learned in varied fields and addressed the intricate interface between law, forensic science, and medical sciences.