CHAPTER 8

RECOMMENDATIONS

The empirical work is completed in two parts, has revealed some results, which if taken care
in existing system of criminal justice, can play significant role. Firstly it has revealed that
there is immediate need of reality check for capturing functioning of the present justice
system, at two levels i.e. Desirability and factuality. From the socio legal perspective , if the
perception of legal professionals, about the cardinal principles of justice is seen, we normally
get very high percentage of positive score. Why, because cardinal principles of justice are
moralistic in nature, therefore social desirability of phenomena operates. For example, judge
has to be honest, principle of school has to be honest, no one will like to be called dishonest,
and this is called social desirability.

Very high percent of professional and non-legal professional perceive that there is bigger
hole in the FIR system, the facts are distorted immensely, during the trial period, the truth
hardly figure out . in many cases, the true facts hardly come out , during the long period of 5
years, or more sometimes even two decades , the victim and their families remain deprived
not from the justice , there resources are lost , and many time there is loss of life, of many
become miserable even the offender and their families suffer enormously. So, radical
transformation in FIR lodging is strongly recommended. Over the decades the interface
between judicial and executive system has deteriorated. The criminal justice system cannot
afford effective functioning without quality interface. Therefore effective and efficient
mechanism needs to create between executive and judicial system at all levels. Any amount
of legal reforms would not effect unless both police and judicial system becomes, people
friendly and decentralized model of legal system becomes reality, restorative justice
processes and system needs strengthening in this respect.

Existing FIR system is feudal in character, power and positions is playing detrimental role
in changing real facts in unreal, and these deprive millions from justice. In many cases FIR is
not registered as influential offenders make influence on the process in charge of FIR, so FIR
is unaccountable, unreliable, therefore, it is suggested that the screaming system of FIR
should be made reality. A community based FIR screening committee is created at every

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police station, small or big and it may be comprised of locally elected persons, doctor,
lawyer. Teacher, social worker, Local Govt. official, so as to filter the FIR at pre lodging
stage itself. The complaints by victim or anyone should be regularly screamed if found
wrong, persons should be penalized socially. Only justified cases shall be processed further.

In many First world countries, the alternative restorative justice is continuously expanding
and in the present study even the awareness about the concept of restorative justice and its
salient features is considerably low and unsatisfactory. Some significant initiatives are
strongly recommended .In the university and institution one independent paper on restorative
justice should be introduced and scholars, researcher, legal practitioners aiming the future
career in restorative justice should be given, as given in other disciplines.

The study conducted on small number of subjects from different disciplines clearly reveals
that the existing criminal justice system does not take care of people's perception. So it is
more reflected towards a conventional mode of punishing the offender, recognizing the
offender as an enemy of the state.

In this system it is not clear who really get the justice. It appears from the findings that no
one get justice under justice delivery system. In this context it is strongly recommended that
the notional concept of recognizing offender as an enemy of the state need to be debated in
the context of realities which has cropped up in the last 5 decades. The voluminous record of
offenders placed into jail and more than 20 million people in the jail itself speaks that justice
delivery system lack serious lacunas and thus need to be critically examined with a new
perspective in which both victim and offenders are benefitted.

There is a need of designing justice delivery system keeping the general perception of
the population and their views and opinions. Involvement, of community in delivering
the justice could play enormous role, therefore it need to be build up in the system.
There is a strong need of empirical research which could open a more acceptable plat-
form for deliberating the alternatives of present delivery system. Social welfare
perspective and people's satisfaction need to be recognized as a core indicator in
designing the justice delivery system.
It is strongly recommended that national and state level researches have to be

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undertaken and how the enlightened members of the society perceive the existing
justice delivery system so as to evolve new alternatives for managing the criminal
case.
Education is basis of all reforms. A properly structured and suitable designed course

can certainly provide opportunity to bring into society trained restorative

professionals. Restorative justice shall be made part of curriculum in law school, it
shall be taught as full-fledged subject and research on the subject shall be promoted,
because academicians are the catalyst, who can accelerate acceptability and
innovation in any field.
Training and awareness programs shall be formulated for lawyers, judges, mediators,
social workers , to impart knowledge about restorative justice, as it is new and
evolving concept, this step of creating awareness and imparting knowledge becomes
very important. Training of restorative justice mechanism provides whole lot of new
job opportunities in various spheres.
In every for a, seminars and symposiums relating to shall be
organized, this will increase awareness about the concept among people, and shall
encourage researchers to contribute more to this field.
Institutions, organizations shall be trained to apply restorative methodology to solve
cases like that of land lord tenant, employer-employee, neighborhood disputes and
cases of similar nature so that number of cases that reaches to the court are reduced.
Use of restorative justice technique in family dispute and matrimonial disputes shall

but unfortunately many times it takes generations to pass to reach to any conclusion.
Restorative techniques if applied innovatively can bring wonders to delivery of justice
in such cases.
The concept of Plea bargaining under CrPc shall be expanded, to include wider range
of crimes, which can be plea bargained.
The concept of pre litigation mediation shall be expanded; judicial officers shall be
trained to use the same. The offender and victims shall be made aware about the
concept, prior to the registration of FIR.
India shall set up Restorative Justice Commission, to research on the process and
practices of Restorative Justice ,which shall prove to be suitable to Indian culture.

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Judges in both sub ordinate judiciary and higher judiciary shall be given refresher
courses on sentencing guidelines and sentencing policies. Innovative techniques shall
be encouraged to design Non-Punitive punishments.
Social inclusion of victim and offender shall be facilitated through justice delivery
process.
Justice can never solve its purpose unless people evolved participate, putting behind
bars leaves human in cribbed cabined and confined situation which instead of
improving the person makes man a beast. So alternative to imprisonment shall be the
core objective to improve criminal justice system.

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