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Report No. 78

3.8. Strictness in disposal.-

Having mentioned the gist of the recommendations made in our earlier Report, we would that like to deal with some of the aspects in detail. We noted in that Report that one of the main causes for delay in the disposal of criminal cases is that in the majority of them neither the prosecution nor the accused is interested in the early disposal of cases. The police take unduly long time to produce the presence of witnesses in the court on the dates of hearing.1

Complaints had also been made, as noted in that Report, that the police does not produce all prosecution witnesses on the first date of hearing. One reason for that is that the police officials want to know the defence case as revealed by the cross-examination of the first witness and thus propose to make up any possible lacunae through the evidence of the remaining witnesses.2 The accused too are quite often interested in prolonging the cases because the longer the cases last, the greater are the chances of prosecution witnesses being won over. It is plain that a certain amount of strictness would have to be enforced if cases are to be disposed of promptly. We would like to re-emphasise this aspect of the matter.

1. 77th Report, para. 12.8A.

2. 77th Report, para. 12.8A.

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