Illicit Legal Regime Since Victoriana till Modernity: A Judicial Critique

Sairee Ghosh

Abstract: As a field of study and inquiry, the criminal justice system is still essentially a subset of the judiciary. As a result, despite the fact that crime and illicit activity are on the rise worldwide, empirical investigations and studies of criminal justice have not yet gained broader academic interest and approval, with the exception of a few industrialized nations. Although criminality is one of the most complicated issues facing modern society, developing conceptual expertise for criminal justice governance is a challenging and delicate task. (Reseachgate; https://www.researchgate.net/publication (last visited on May 10, 2025))National and municipal governments employ the criminal justice system, which consists of organizations and regulations, to keep society under control, prevent and control crime, and punish lawbreakers. The primary organizations tasked with these responsibilities are law enforcement, including police and prosecutors, courts, defense lawyers, and local jails and prisons. These organizations supervise the processes for making an arrest, filing charges, making a decision, and punishing individuals found guilty. The state's choice to enforce the strict standards of human behavior necessary to safeguard individuals and communities gave rise to the necessity for criminal justice administration. By lowering the danger of crime and catching, prosecuting, convicting, and punishing those who break socially established laws and regulations, it aims to achieve its protective objective through enforcement. (Journal of International Criminal Law; https://www.jicl.ir (last visited on May 10, 2025)) Successful execution of the intentional governance of the judiciary is contingent upon appropriate guidance at all levels and a cohesive operation of the three organizations engaged in this procedure, which ranges the police, the criminal courts, and the correctional administration, which includes the prison service, probation service, and correctional agencies. Then only when this crucial collaboration can be guaranteed at all levels and at all stages will the actual goal of preventing crime through the reformation and rehabilitation of the criminals be achievable. (ibid) From its early origins in historical legal customs to the modern paradigm influenced by colonial authority and post - independence changes, the judiciary of India has experienced notable change. From the British codified legislation to the grassroots initiatives legal frameworks of before colonial India, the system's development shows a synthesis of historical influences. Although the Indian Penal Code (IPC) and Criminal Procedure Code (Cr. P. C), which were written by the British colonial government, served imperial purposes rather than advancing justice for the general public. (Lawfullegal; https://lawfullegal.in (last visited on May 15, 2025)

Keywords: Criminality, Administration, Justice, Criminal Justice System, Code of Criminal Procedure (Cr. P. C), Indian Penal Code (IPC)

How to Cite?: Sairee Ghosh, "Illicit Legal Regime Since Victoriana till Modernity: A Judicial Critique", Volume 14 Issue 6, June 2025, International Journal of Science and Research (IJSR), Pages: 696-706, https://www.ijsr.net/getabstract.php?paperid=SR25606190102, DOI: https://dx.doi.org/10.21275/SR25606190102