Criminal Litigation: Active Role of Pleader Appointed by Victim of Crime

Abstract

In India, the concept of third party intervention in criminal cases is clearly indicated in Section 302 Cr.P.C., where any person conducting the prosecution may do so personally or through his pleader. Therefore, section 302 Cr.P.C provide scope for the victim who is keen to see that the perpetrator of the crime is brought to book. The ambit of section 302 Cr.P.C providing for third-party intervention can be analogous to public interest litigation under constitutional law, a situation where crimes have been committed but the State machinery is reluctant to prosecute due to varied reasons. In such cases public-spirited pleaders can intervene, with the permission of the court, and take up prosecution. The criminal justice system is becoming overburden with defective police investigation, lack of required strength of public prosecutor to conduct prosecution which forbid personal attention to each case, is making criminal justice system a mockery.In this state of affairs, third party intervention could be given a chance. Since the victim is most directly and substantially affected, the victim should be allowed to prosecute in the first instance.