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Report No. 189

Summation

Summarising the position, we may state that there are many other ways to cover the cost of administration of justice. As mentioned earlier, administration of criminal justice system is a sovereign function of the State, hence no fee can be levied. Even for administration of civil justice, it is not desirable (as stated in detail in Chapter V) that entire cost should be recovered by levying court fees. State should spend a considerable amount on administration of civil justice from its general revenue collected from the ordinary tax payer so that entire burden will not be on the litigant.

Another way of raising the revenue is to increase the amount of fine prescribed under the Indian Penal Code, 1860 and other penal enactments. Since a long period of time, amounts of fines have not been increased. The amount of fine to be imposed on commission of a crime should be increased in relation to reduction of the value of the rupee over all these years. Once this is done, there may be periodic re-evaluation to eliminate the effect of inflation. If it is done, it will be helpful for the States in meeting the increased cost of administration of justice.



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