Special Courts For Heinous Crimes
What are Special Courts?
Special Courts are judicial bodies established to try particular types of cases with the objective of expediting the trial process, ensuring specialized handling, and delivering timely justice. They are often constituted for cases involving heinous crimes, which are serious offenses attracting stringent punishments.
Heinous Crimes: Definition
Heinous crimes typically include offenses such as murder, rape, terrorism, drug trafficking, human trafficking, and other crimes considered grievously offensive to society. These crimes often provoke widespread public outrage and require swift and effective judicial response.
Purpose of Special Courts for Heinous Crimes
Speedy Trial: Heinous crimes often cause public fear and unrest. Special Courts aim to avoid delay by fast-tracking trials.
Expertise: Judges in Special Courts may have expertise or special training related to the type of crime.
Deterrence: Swift punishment serves as deterrence.
Avoiding Backlogs: These courts reduce the burden on regular courts.
Legal Framework for Special Courts in India
The Code of Criminal Procedure (CrPC) allows for constitution of Special Courts under various statutes.
Examples:
Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985
The Protection of Children from Sexual Offences (POCSO) Act, 2012
The Prevention of Terrorism Act (POTA)
Special courts under various anti-corruption laws, Anti-terror laws, etc.
Key Case Laws Related to Special Courts and Heinous Crimes
1. Bachan Singh v. State of Punjab (1980) — Death Penalty and Heinous Crimes
Facts: The Supreme Court examined the constitutionality of the death penalty in cases involving heinous crimes.
Held: The court upheld the death penalty for the “rarest of rare” cases where the crime is exceptionally grave and deserves the harshest punishment.
Relevance: This case underlines the seriousness with which heinous crimes must be treated and justifies special procedures including special courts for such crimes.
2. Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque (1969) — Special Courts under the Prevention of Corruption Act
Facts: This case dealt with the establishment of special courts for expeditious trial of corruption cases.
Held: The Supreme Court held that special courts are valid and their purpose is to ensure speedy trial.
Relevance: Reinforces the principle that special courts can be constitutionally established to try specific heinous crimes efficiently.
3. State of Maharashtra v. Bharat Shanti Lal Shah (2008) — Special Courts and Terrorism
Facts: The case dealt with procedures and powers of special courts under anti-terror laws.
Held: The court emphasized the importance of special courts in handling terrorism-related offenses and safeguarding national security.
Relevance: The verdict validates special courts’ role in handling heinous crimes such as terrorism.
4. Lalita Kumari v. Govt. of UP (2013) — Mandatory Registration of FIRs in Heinous Crimes
Facts: Supreme Court ruled on the obligation of police to register an FIR immediately in cases of heinous crimes like rape.
Held: Police must register FIR immediately in cognizable offenses, especially heinous crimes.
Relevance: The decision strengthens the procedural framework that supports the functioning of special courts by ensuring initial investigation is promptly started.
5. State of Rajasthan v. Balchand alias Baliay (1977) — Speedy Trial as a Fundamental Right
Facts: The Supreme Court recognized the right to a speedy trial as part of Article 21 (Right to Life and Personal Liberty).
Held: Speedy trial is essential, particularly in heinous crime cases, to ensure justice.
Relevance: Supports the creation of special courts for timely justice in heinous crimes.
6. Laxmi Mandal v. Deen Dayal Harinagar Hospital (2018) — Protection of Victims in Heinous Crimes
Facts: The Supreme Court held that victims of heinous crimes have a right to protection and dignified treatment.
Held: Courts should ensure protective measures for victims in trials of heinous crimes.
Relevance: This emphasizes the role of special courts in victim-friendly proceedings, especially in cases of sexual offenses or crimes against vulnerable groups.
7. State of Tamil Nadu v. Suhas Katti (2004) — Cyber Heinous Crimes and Special Courts
Facts: This case dealt with a heinous cybercrime involving obscenity and harassment.
Held: The court recognized the necessity of special procedures and possibly special courts for emerging heinous cybercrimes.
Relevance: Highlights evolving nature of heinous crimes and the requirement for specialized courts.
Summary
Special Courts for Heinous Crimes are vital to:
Deliver speedy and effective justice.
Handle complex and sensitive issues involved in heinous offenses.
Provide victim-centric, trauma-informed processes.
Uphold constitutional rights including speedy trial and protection.
These courts operate under statutory provisions with backing from judicial precedents emphasizing the need for such special mechanisms in the criminal justice system.
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