ADMINISTRATION OF JUSTICE

 

Administration of Justice & Its Kinds

 

1. Introduction:-

One of the primary functions of state is the administration of justice . In determining a nation's rank among the most civilized states of the world, nothing is more decisive than it's administration of justice.

According to Salmond:

"Administration of justice is the maintenance of right within a political community by means of physical force of the state."

In Simple Words:

"Administration of justice means the protection of rights of an individual, maintenance of peace and order, enforcement of laws and the punishment of offender."

 

Evolution Of Administration Of Justice:

Administration of Justice passed through three stages.

1) The first and primary stage was the period of self-help/private vengeance.

2) The second and transitional stage was the period of social force.

3) The third and final stage has been the period of state control (use of physical force of the state).

 

 

KINDS OF ADMINISTRATION OF JUSTICE:

1): ADMINISTRATION OF CIVIL JUSTICE:

• The wrongs which are the subject-matter of civil proceedings are called civil wrongs.

• The rights which are enforced by the administration of civil justice are of two kinds namely: primary rights and sanctioning or remedial rights.

A) Primary Rights:

These are the rights which exist as such and don't have their source (origin) in some wrong.  

For example: liberty , safety , reputation etc.

B) Sanctioning or Remedial Rights:

These are the rights which come into existence after the violation of primary rights.

For example:

compensation,restitution,specific performance etc.

Object Of Administration Of Civil justice:

The object of administration of civil justice is to ascertain the rights of the parties and the party who suffered from the breach of such rights is to be helped by way of damages or getting injunction, restitution and specific performance of the contract etc .

2) ADMINISTRATION OF CRIMINAL JUSTICE

• The wrongs which are the subject-matter of criminal proceedings are called public wrongs/offences/crimes.

 • The object of criminal justice is to punish the offender.

• Punishment may be described as the infliction of some unpleasant experience or pain on an individual , by the state authority, who is found to be legally guilty of a crime.

• The objects of punishment are: a) deterrence, b) prevention, c) retribution, d) reformation.

DIFFERENCES BETWEEN CIVIL AND CRIMINAL ADMINISTRATION OF JUSTICE

 

(i)Court

In the civil cases, the suit is Filed in the civil court. In the criminal cases the proceedings takes place in the criminal courts ( magistrate or session court).

(ii)Object:

The object of civil justice is to ascertain the rights of the parties , while that of criminal justice is to punish the offender.

   

 (iiiii)Procedure:

ivi Civil cases are dealt under Civil Procedure While In criminal matters, the court follows the procedure laid down in criminal Procedure Code.

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iv(iv)Start of Proceedings

In civil cases, the action(suit) is initiated by the injured party, while  In criminal cases the action is taken (proceedings are initiated) 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.

 (Vi) Parties:

Civil cases; Private Parties or individuals e.g  Ali vs Waseem, or , Ali vs Food punch.

Criminal cases; State(prosecution) vs Accused . e.g State vs Ali.

                          THE END