A COMPARATIVE ANALYSIS OF PRE-TRIAL DISCRETION WITH REFERENCE TO INDIAN CRIMINAL JUSTICE SYSTEM

Abstract

There are two models of criminal justice system i.e. “crime control” and “due process”. Crime control i.e inquisitorial model which places emphasis on reducing the crime in society through increased police and prosecutorial powers. Due process i.e. adversarial model which focuses on individual liberties and rights and is concerned with limiting the powers of the Government.  In reference to these models this study aims to explore the discretion exercised by police and prosecutor during the pre-trial stage based on the criminal justice system. These has jurisdiction chosen because of some historical link and their status as representing model of criminal justice, common law or accusatorial, the civil law or inquisitorial. Discretion at the Pre-Trial stage refers to such discretion which empowers the Police and the Prosecutor to dispose the case at the initial stage on the basis diverse criteria. In criminal proceeding discretion plays a significant role in supplementing the role of court as statutes cannot provide for every circumstance. Police and Prosecutor can assist in filtration of cases by eliminating trial of undesirable matters. Police is the chief investigating agency of the State and the court does not possess any supervisory jurisdiction over police and their investigation power. At the investigating stage the police officers can conclude the case by exercising their discretion as offence may be minor, or by warning the accused on the ground of insufficient evidences. However there must be some checks and balance over the police authority for fair investigation and they should be made accountable.