![]() ![]() But the major problem with the criminal justice system in India today is the low rate of conviction (50% in 2018) even in serious crimes, which has arisen primarily due to unavailability of evidence and hostile witnesses. In many countries like the U.K., U.S.A., France, Japan, and Singapore, the rate of conviction is more than 90%. ![]() percentage of cases which resulted in the conviction of the accused. The quality or successful working of a Criminal Justice Delivery System (CJDS) can be ascertained or determined by the rate of conviction of criminals i.e. So, the conviction of a guilty person is one of the most effective means of determining the efficacy of criminal justice. Quality of justice suffers not only when an innocent person is punished but also when a guilty person is exonerated. The main objective of the Criminal Justice System is to prevent the occurrence of crimes, punish the transgressors and criminals, and render justice to the accused as well as to the victims and society at large. The apex court of India is always in favor of the active and dynamic role of trial judges while the witness turns hostile by invoking their inquisitorial powers. So, they opt to remain passive in the trial. But they seldom exercise those powers as no positive duty has been entrusted upon them to search for the truth. Judges are adequately empowered to play an active role in the evidence collecting process to elicit truth and strictly punish the hostile witnesses for giving false testimony in court under the existing laws. Of late, key witnesses in heinous crimes and high-profile cases are retracting from their statements recorded by police in course of the investigation and turning hostile thereby adversely affecting the judicial process. In an adversarial system of criminal justice, like in India, the witness has a pivotal role in bringing the offender to justice.
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