BUSINESS LAW ASSIGNEMENT

Business Law Assignment



Business Law Assignment

Question 1:

According the case, there are two principal phases in a criminal prosecution; the pre court phase and the court phase. The pre court phase consists of the time between the commission of the offence and the initial court appearance of the accused or the filing of the charge sheet . This stage is mostly under the control of the police and the prosecutor. It may be protracted for a number of reasons within their control such as delay in the filing of charges. The delay may be entirely avoidable and may have been caused with intent to cause prejudice to the accused. Sometimes, the delay may be caused due to reasons entirely beyond their control such as court holidays, non identification of accused etc. Legal control on this phase of the investigation: the applicable statute of limitations which would bar prosecution unless done within a time specified by the statute.

Delay in a criminal investigation is problematic for the prosecution as well as the defense. In the case of the prosecution, the issue arises as the burden of proof essentially rests on the prosecution and delay is extremely disadvantageous for them. For the defense, there are obvious disadvantages such as the fate of many an under trial in India demonstrates. It amounts to incarceration without trial that goes against the basic tenets of the Constitution. On the subject of the Constitution, the right to a speedy trial is enshrined as a part of Article 21. The Supreme Court has, time and again, stated that a trial cannot be stated to be fair without having been completed within a reasonable time period. Perturbed at the abysmal state of the criminal justice system, the Mali math Committee was constituted to suggest reforms to it. With ...