Description
Administration of justice
administration of justice is the maintenance of right of people, Law and order against private Vengeance and violence self-help.
Man is a fighting animal and if proper check and control is not kept on him, It would be very difficult for individual to live in a society.
And
the life of people would be solitary, poor, nasty, brutish and short.
apart from force by State social sanctions habit and convenience also helped in the obedience of Law.
administration of justice is divided into two parts
Civil administration of justice and criminal admission of justice
the wrong which are the subject matter of civil proceedings are civil wrongs. the rights enforced by civil proceeding are of two kinds.
First Primary Right
Second Sanctioning or remedial right
Primary Right exist as Such and do not have their source in some wrong
whereas remedial right are those rights which come into existence of the violation of primary right.
The object of administration of justice is to ascertain the rights of the parties. The party who suffers from the breach of rights is helped by paying damages, or granting injunction, restitution and specific performance of contract.
criminal justice administration
The object of the criminal justice is to determine the crime of a person who is charged with the doing of an offence.
criminal court after proving that the offender is guilty of the offence awards him the punishment of fine, imprisonment as prescribed by criminal law.
A convicted person is awarded physical pain. Thus, the main purpose of the criminal justice is to punish the wrongdoer.
Difference between Civil and Criminal Administration of Justice
In civil cases the suit is filed in the civil court whereas In criminal cases the proceeding is filed in the Criminal Court.
The main remedy in civil cases is damages but The main remedy in criminal casesk is to punish the offender.
In civil cases, the court follows the procedure prescribed in Civil procedure code but in criminal cases court follows the procedure laid down in Criminal Procedure Code.
In civil cases the action is taken by the injured party and the suit is established by himself by giving evidence whereas in criminal cases the proceeding is taken by the state and the injured party is called out as a witness by the state.