Does The Practice Of ‘Corpus Delicti’ Deny The Justice?

Pulse

oi-Staff

By Super Admin

Monday, May 30, 2011, 14:06

India is getting notoriously famous for many crimes over the years. When many victims are saved through the trap holes set by the efficient hands, many remain unresolved. It should be considered at this point of time that whether 'Corpus Delicti' protects the criminals in Indian jurisdiction.

'Corpus Delicti' is a term under Western jurisprudence. This principle advocates that the accused crime must be proven before convicting the crime. If the crime is not proven efficiently, the victim can be freed from the sentence.

This principle comes at aid for many criminals in India. Every day as an Indian opens the newspaper, we can news of one or other manslaughter, rape, drunken driving etc. However cased of restitution and garnishment often go unnoticed!

Very few of the crimes make a volcanic impact on the society and later get subsided. We may not even hear about the news again at all. The crime may be forgotten, criminals may do the routine walks and the sun will rise and set! The victims will be destined to suffer the pain for the rest of their lives.

In many cases as the Indian jurisdiction follow the principle of 'Corpus Delicti', the criminals may be able to erase the evidences with efficient hands. They may plead innocent and the victim may then be in the wrong foot. The principle of 'Corpus Delicti' denies the justice in these cases.

There is also another side to the story. There are many instances when the case is fabricated. The innocent victims have to stand in the criminals' foot at that time. The best solution out of this dilemma is 'Corpus Delicti.'

After all a good judge should be able to find out which are the real evidences and which are not! The practice of 'Corpus Delicti' will come to the aid only at that point of time. Let us hope that Indian jurisdiction will have a better use of this principle.