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ISSN 2063-5346
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POSSIBILITY OF ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN CRIMINAL LAW

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Mr. Darshan Kumar Pandya1*, & Dr. Rhishikesh Dave2
» doi: 10.48047/ecb/2023.12.si10.00166

Abstract

India is the world’s largest democracy and one of the fastest developing countries in the world and moving towards modernisation. Therefore, with it there is an increase in the complexity and the litigations in the country. Thus, the traditional adversarial system of the justice dispensation system is becoming more and more obsolete. Further, there is a huge backlog of cases in the Indian Courts and the cases take a big amount of time to conclude. Hence, justice is delayed and thus denied. Furthermore, as India is the largest democracy in the world and the Constitution of India strives to achieve political, economic, and social justice, the Supreme Court has reiterated the importance of participatory justice in many cases. Therefore, it is high time for India to incorporate the ADR mechanisms in the Criminal Branch of Law which will not only ensure speedy, smooth, and affordable justice but also it will ensure more sense of justice vide participatory methods. This paper envisages that the ADR mechanisms can be incorporated by the way of enactments and amendments in the present criminal laws. Furthermore, in this paper, the researcher will analyse the present justice dispensation system, criminal laws, consequences of the same in society and possibility of ADR mechanisms and it’s usefulness in the Justice Dispensation System. Furthermore, upon the inquiry and investigation, the researcher, in this paper, will suggest and recommend the laws and policies for the same.

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