Comparative Criminal Justice: Search and Seizure, Interrogation, and Identification of Suspects in India and America

• NCJ Number: 131542
• Journal: Indian Journal of Criminology Volume: 18 Issue: 1 Dated: (January 1990) Pages: 7-13
• Author(s): B Hydervali
• Date Published: 1990
• Length: 7 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Survey (Cross-Cultural)
• Language: English
• Country: India

Annotation

This analysis compares the methods used by the police in India and the United States during three crucial stages of the investigative process.

Abstract

The legal systems of both countries derive from British common law, although some of the basic principles and procedures have been modified to reflect Indian cultural, economic, and demographic realities. To American law enforcement personnel, India's Panch System and its reliance on the magistrate instead of the police during a criminal investigation may seem time-consuming and inefficient as well as insulting. In India, the statutory procedure generally requires the police to be accompanied at a search and seizure by panch witnesses whose corroborating version of events is a practical necessity for conviction. The panch system in India is an innovative method of corroborating police evidence, involves the public in the enforcement of criminal law, and permits active participation in the administration of justice. 40 reference notes (Author abstract modified)