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Media in India has become a public court that is interfering with court proceedings. Media influence people’s talk at a given time and place. Media influences the population’s opinion regarding situations in the society. The media reflects people’s diverse perceptions of unlike situations. Media presents stories in a manner that will capture the public’s attention regarding the situations. Recently, the media has also been involved in criminal justice trials, especially high-profile cases. This has been said to interfere with the criminal justice process, including witness testimony and the evidence collected in a given case. There is a widespread concern that criminal justice processes should be handled carefully by the media. The current study was conducted to examine the influence of media on the criminal justice system in India. The study examined the relationship between court verdicts and media trials in India. The narrative policy framework was used to guide the study. Data were gathered from a variety of sources, including the court cases and the related verdicts picked up by the media as media trials from 2005 to 2015. Findings indicated that media interference affects the Indian criminal justice system, often adversely. Findings may be used to help public policymaking bodies formulate media guidelines about reporting crime and the justice system in India. Findings may also be used to bolster public confidence in the judicial system in India.
Essay from the year 2014 in the subject Law - Media, Multimedia Law, Copyright, grade: 6.30/7, Damodaram Sanjivayya National Law University (Damodaram Sanjivayya National Law University), course: B.A. LL.B. (Hons.), language: English, abstract: Media trials have been a burning issue for many decades, but do they really fit well within the legal framework? This paper shows different perspectives and touches upon issues of human psychology on how the pliable mind of the innocent public is being molded against the judiciary by media trials, and how the public is becoming a puppet in the hands of the media driven by commercial interests. Social psychology and the various techniques used by the media have been discussed in the book highlighting the unethical and immoral practices of the media that has gone unregulated for decades now without them being accountable to anyone. This essay effectively brings out what the problems are that the judiciaries face with media trials being conducted for ongoing proceedings in a court of law, and the way effective policing can be done on the media to sustain it as the fourth pillar of democracy and yet let it not interfere with the proper administration of justice.
Acts of Media seeks to consolidate a field of multidisciplinary work around media technologies that intersects with legal scholarship. This volume brings together contributions from leading academics, lawyers, researchers and policy experts about contemporary India and Sri Lanka. The approaches to law and media taken in this volume challenge us to think outside of traditional disciplinary descriptions. Rather than approaching the law as being outside of, and constantly catching up with the media, the contributors of this book view law and media as being deeply intertwined. The chapters in this volume address the relationship between law and media through different entry points---disputes over media and information systems shaping law, theories of law that incorporate media forms, and law and media co-producing trials. The multidisciplinary nature of this book has facilitated a rich and productive conversation among legal scholars, researchers and lawyers from disciplines such as constitutional law, law and technology, media and cinema studies, legal anthropology and political science.
The structure of judiciary, the attitude of its organs, and the judicial process have an important bearing on the behaviour of the accused. The more a person is crushed in the judicial process, the less are his chances of resocialization. This book examines the role of judiciary in criminal justice system in India. Taking a close look at the judicial approach towards investigating a crime, it makes a comparative study of legal aid in England, USA and India. It further analyzes to what extent the organs of judiciary influence the correctional programmes meant for the rehabilitation of the offenders. Also, it presents an elaborate discussion on access to justice and judicial reforms, court and case management,and the scenario of backlog of cases.
Designed as a textbook for undergraduate and postgraduate students of journalism, mass communication, visual communi-cation, electronic media and other related media courses, this compact text provides a detailed description of the rules, acts and ethics concerning print, electronic, film and advertising media as prevalent in India. The book begins with the history of media law in India and discusses the specific provisions in the Constitution of India which are essential for a journalist to know. It then goes on to define the concepts of freedom of media, defamation and Intellectual Property Rights. Besides, the text discusses in detail the provisions of the Indian Penal Code and the Criminal Procedure Code relevant to the media. In addition to covering different types of cyber crimes such as hacking, cracking and e-mail bombing, it includes regulations related to film media and advertising. Finally, the book throws light on media law concerning women and children. The book also includes several important cases to enable students to relate various acts and regulations to real-life situations. Besides students, journalists and other media professionals who cover courts and law-related beats would also find this book immensely valuable.
A close look at criminal cases that shocked the country Drawing on her vast experience as a senior advocate and Additional Solicitor General at the Supreme Court, Pinky Anand examines criminal cases that have captured public interest. Breaking down each aspect of cases such as the Nirbhaya rape, the Nanavati murder, the Nithari killings and others, she gives us an inside look and lawyer's perspective into the manner of legal proceedings, strategies employed by legal counsel on both sides and the rigour with which courts come to verdicts. Even years after they have been tried in court, these instances are cemented in people's memories on account of either their brutality, the trials or the landmark judgments they resulted in. Anand's insights not only delve into the finer details but also provide context to the cases that have had a lasting impact on society as well as legal institutions.
The Supreme Court of India in landmark judgments has upheld right to speedy trial a fundamental right within the ambit of Article 21 of the Constitution of India. In Hussainara Khatoon v State of Bihar a petition for a writ of habeas corpus was filed by number of under-trial. The Supreme Court held that "right to a speedy trial" is fundamental right is implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution. Speedy trial is the essence of criminal justice. In United States speedy trial is one of the constitutionally guaranteed right under the sixth amendment. Justice P.N. Bhagawati (as he then was) held that although, unlike the American Constitution speedy trial is not specifically enumerated as a fundamental right, it is implicit in the broad sweep and content Article 21 as interpreted in Maneka Gandhi's case. No procedure which does not ensure a reasonable quick trial can be regarded as 'reasonable, fair and just.