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ABSTRACT-
Corruption in criminal justice system is so deeply rooted into the system, now that it seems to be a towering task to remove it or even reduce it to a certain degree. Corruption in the system results in two major drawbacks. Firstly, there is no celerity of punishment as advocates and other people who are involved in the criminal justice system intentionally delay the criminal justice procedure in order to turn the case into their favour. Secondly, there is no certainty of punishment due to a lot of corruption as a lot of accused are acquitted due to intentional irregularities done in the investigation and other aspects of criminal justice system. This also reduces the deterrence effect of the punishment. Therefore, it is very important to understand the various aspects of corruption in the criminal justice system and accordingly find a remedy for the same to reduce it and thereby reducing the crime rate in India. The author has tried his best to do the same.
INTRODUCTION-
Corruption was the subject of a 1997 U.N. General Assembly Resolution entitled Action Against Corruption. The resolution underscored the General Assembly's concern about the serious problems posed by corrupt practices to the stability and security of societies, the values of democracy and morality, and to social, economic and political development. Professor NdivaKofele-Kale has argued that an emerging customary law norm that treats corruption as a crime under international law draws strong support from the following: "1. Consistent, widespread and representative state practice proscribing and criminalising corruption; 2. The widespread condemnation of acts of corruption as reflected in the preambles of multilateral anti-corruption treaties and in declarations and resolutions of international organisations; 3. Pronouncements by states in recent years that evidence a universal condemnation of corrupt practices by public officials; 4. A general interest in cooperating to suppress acts of corruption; and 5. The writings of noted publicists recognising corruption as a component of international economic crimes. Based on these factors, he has argued that there is a strong case for treating corruption as a crime under international law with individual responsibility and punishment attached to it.
In India the problem of corruption emerges soon after the independence of the country and is regularly affecting the criminal...