A Case For Jury Trials

1259 Words May 21st, 2016 6 Pages
A case for Jury Trials in India
By: Scott A. McMillan, Ravishankar K. Mor

Jury trials in India had come to an end unceremoniously; the immediate cause for abolition of jury trials was “Not Guilty” verdict of jury in K.M.Nanavati Vs. state of Maharashtra . The sessions Judge disagreed the Jury opinion, in his view, no reasonable body of men could bring that verdict on the evidence and referred the matter to the High Court under s. 307 of the Code of Criminal Procedure. The two judges of the Division Bench who heard the matter agreed in holding that the appellant was guilty under s. 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. The judgement was affirmed in appeal by the Supreme Court of India. This case then attracted much media attention. Stories were written about the innocence of K.W.Nanavati and it was therefore said that Jury members were influenced by the media coverage and without conducting any survey or research in this regard the entire jury system was considered bad in law, and was factually abolished thereafter. With the coming into force of new criminal procedure code of 1973 it was abolished by all means. In order to understand the reasons for abolishing jury trial we need to go little back in time. The Jury trial was introduced in India sometime in 1665 but thereafter no notable instances are…
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