Role of Judges in Prevention of Crime in India Critical Analysis

Abstract

Crime in India continues to increase, in fact it proliferates. Prevention of crime is an active approach utilizing preventive measures to deter criminals from committing crimes and reduce it. The main objectives of the Criminal Justice System are to prevent the occurrence of crimes and punish the transgressors and criminals. In an adversarial system of justice like India, the witness has a pivotal role in bringing the offender to justice thereby assisting the courts in punishing the offenders. Judges are adequately empowered to play an active role in the evidence collecting process to elicit truth under the existing laws and thereby to prevent crimes. But they play a passive role and seldom exercise those powers as no positive duty has been entrusted upon them to search for the truth and punish the guilty person. This paper highlights the increase of crime in India as a consequence of witnesses turning hostile in criminal trials and role of judges to deal with hostile witnesses in prevention of crime. It analyses the power of Judges under existing laws in India to tackle hostile witnesses during trial and to punish the guilty thereby deterring criminals from committing crimes. It also focuses on the need for effective legislation and suggests some practical measures in order to