JAMIA MILLIA ISLAMIA

Faculty of Law
LAW OF CRIME
Conviction rate of Murder under Indian Penal Code: A
Critical Analysis

Submitted By- Nayyar Qutub Chisti

Student ID – 202101333
Roll No.- (39)
Submitted to: - Mr. Sohail Nazim
Course: - B.A.LL.B. (Regular), 3rd Semester
2021-26

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 Table of Content

SR TITLE Page
NO. No.
1. INTRODUCTION 3-4
2. A REPORT OF MURDER CASES OF PAST 10 4-8
YEARS: STATEMENT OF CASES, CHARGE-
SHEETING AND CONVICTION RATE
3. CAUSES OF LOW CONVICTION RATE- 8-12
4. CONVICTION RATE OF MODERN COUNTRIES- 13
5. RECOMMENDATIONS ON HOW TO INCREASE 14-15
CONVICTION RATE-
6. CONCLUSION 16
7. BIBLIOGRAPHY 16

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 (1) Introduction

1.1 Introduction of the area of study

This paper deals with the analysis of the conviction rate of crime of murder in particular.
Offence of murder is defined under Section 300 and Punishable under section 302 of Indian
Penal Code. This paper looks into the data of the NCRB reports and other online sources for
the purpose of analysis.

1.2 Research Problem

The problem which this paper seeks to analyze is the conviction rate of Murder and what is
the factors behind the low conviction rate and give recommendations.

1.3 Literature Review

NCRB report (2021) has given the data about various offences.
R.V. Raveendran (2021) has reviewed the various anomalies and defects in our justice
delivery system.

1.4 Research Questions

1- What are the incidences of crime of Murder?

2- Incidences of Murder in last 10 years?

3- Charge-sheeting rate in past 10 years?

4- Conviction rate in past 10 years?

5- Police disposal of cases and time taken to file charge-sheet and final report?

6- Court Disposal of cases and time taken to decide a cases and time from when cases
are pending?

7- Conviction rate compared with other countries?

8- Causes of low conviction rate?

1.5 Chapterization

This paper is divided into 5 chapters. Chapter 1 deals with the introduction of the area of
study. Chapter 2 deals with analysis of reports of NCRB of 2021 and over the years.

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 Chapter 3 deals with causes of low conviction rate. Chapter 4 deals with comparison of
conviction rate of various countries. Chapter 5 deals with recommendations to increase
the conviction rate.

(2).A report of murder cases of past 10 years: Statement of cases, Charge-

Sheeting and Conviction rate

In this chapter we will have a look at the statistics of crime of murder over the years. The
primary source of data for the purpose of this chapter is NCRB reports over the years. Firstly,
we will discuss the latest NCRB report of 2021 with respect to the offence of murder.
2021 report-
In 2021, incidence of 60,96,310 cognizable crimes comprising 36,63,360 Indian Penal Code
(IPC) related crimes and 24,32,950 Special & Local Laws (SLL) related crimes were
registered. The share of cases of murder registered during 2021 were 29,272 showing a slight
increase of 0.3% over 2020 which stood at 29,193 cases. The share of cases of murder to the
total cognizable IPC related crimes was 0.79%.
Major motives behind murder-
‘Disputes’ was the major motive behind murder cases during 2021 which stood at (9,765
cases). ‘Personal vendetta or enmity’ was the motive behind 3,782 cases and ‘Gain’ was
the motive behind 1,692 cases.
Highest number of incidences was reported in Uttar Pradesh at 3717 followed by Bihar at
2799. In case of metropolitan cities Delhi City registered the highest incidences at 454.
Incidences of attempt to commit murder was reported at 54327 pan India. Culpable homicide
not amounting to murder incidences reported at 3713 pan India.
The rate of murder was reported at 2.1 which is calculated at incidences per lakh of
population. The rate of murder was highest in Haryana among states at 3.8 and among UTs
in Andman & Nicobar at 4.0. Among metropolitan cities the rate of murder was highest in
Jaipur at 3.8.
The charge sheeting rate of crime of murder was reported at 92.5 and the conviction rate
stood at 44.6.

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Murder cases in past 10 years-

Year Cases Reported (FIRs) Charge-sheeting Conviction Rate

Rate
2012 34,434 - -
2013 33,201 64.2 29.6
2014 33,981 88.8 39.1
2015 32,127 86.2 39.5
2016 30,450 85.2 38.5
2017 28,653 88.8 37.3
2018 29,017 84.2 41.4
2019 28,915 85.3 41.9
2020 29,193 85.3 44.1
2021 29,272 83.8 42.4
Average 30,924 83.53 39.3
-Data Source- NCRB Reports of 2012-2021

In the last 10 years the, on average approx. 30,000 cases are being reported on a yearly basis
with a slight increase/decrease. This gives insights into the gravity of state of affairs of
criminal justice system in India, and the data given is only the cases reported, taking
unreported cases into consideration makes the situation even more grim.
With respect to the charge-sheeting rate the, average charge-sheeting rate has been around 83
with slight increase/decrease. It denotes the charges framed out of FIRs registered.
With respect to conviction rate, the average of around 39 with slight increase/decrease shows
the real problem of this paper. It shows that in more than half of the cases, either the wrong
people were arrested or even if the right ones were arrested, there was not ample evidence to
prove their guilt. In both ways, there was either no justice for the victims of these heinous
crimes.

POLICE DISPOSAL OF CASES OF MURDER: 2021 Report of NCRB-

The new cases of murder reported during the year 2021 were 29,272 and the cases pending
investigation from previous year were 22,198. That’s a huge number of cases pending

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investigation as the new cases reported in 2020 were 29,193 and even if half of the cases
were reported in the latter half of the year, still the investigation rate by police is considerably
low. The reopened cases were 70 and in total police had to investigate 51,540 cases this year.
Cases not investigated under 157 CrPC were 3 and the cases transferred to another state or
agency were 81. Cases in which Final Report ended as non-cognizable were 6 and cases in
which FR ended as false were 933. Cases which were due to mistake of fact or law or civil
dispute were 1057. Cases which were true but could not be pursued due to lack of evidence or
untraced or No clue were 2808. That’s a huge cause of concern as these cases were found to
be true but the police were inefficient in tracing the evidence. 2,808 is a large number of
cases to be ended like this. Cases which were abated during investigation were 212.
The cases which were charge-sheeted out of cases reported this year were 17,557 with the
chargesheeting rate of 83.8%. But the cases charge-sheeted out of pending cases from
previous year were only 8,831 out of 22,198. Here the police had a very low charge-sheeting
rate of 39.78%. These are old cases which should have been disposed off at the earliest are
still pending.
The total cases disposed by police was 31,476 and the cases stayed at the investigation stage
were 154. Cases pending investigation at the end of year are 20,064 out of 51,540 which were
to be disposed of. The pendency percentage so is 38.9%.
If we break this data into how many cases are pending for how much time, then it goes as.
Time Up to 6 months 6-12 months 1 to 3 years 3+ years
Cases 5,962 6,243 5,568 2,291
If we see this, it’s a great cause of concern that 6,243 cases are pending from 6-12 months.
And the cases pending investigation from more than 3 years are 2,291. That’s a huge number
of cases pending investigation from this much long period of time. If you see cases pending
investigation from more than 1 year then it is 7,859. That poses a really tough question on
efficiency of investigation and investigating agencies.
Let us have a look at time taken for submitting chargesheet-
Time <2months 2-3months 3-6months 6-12month 1-2 years 2+ years
Cases 4407 7500 5604 4325 3419 1127

Just a look at the cases which more than 2 years to be charge-sheeted are 1127, that’s the
reason pendency of cases is increasing year by year. The cases which took 1 year to 2 year
time to be chargesheeted are 3419. If a ideal situation has to be thought of, the charge-

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sheeting should be done within 2 months, and if we see the cases which took more than 2
months are 21,975 out of total data of 26,382. That’s really concerning. If even the
chargeshhet if not filed within 2 months, coupled with the fact that trials take a long time to
be completed, it’s a big cause of concern.
Let us have a look at the time taken to submit the final report-
Time <2month 2-3months 3-6months 6-12month 1-2years 2+years
Cases 487 871 900 927 757 1068

It took more than 2 years for police to submit final report in 1068 cases.

COURTS’ DISPOSAL OF CASES OF MURDER- 2021 NCRB report

The cases already pending trial were a huge number of 2,22,349. New cases for trial were
26,382. So, the total cases for trial were 2,48,731.
Cases disposed without trial were 269 which included cases abated (225), withdrawn (7),
compounded/compromised (26), plea bargaining (7), and cases quashed (4).
Cases stayed/sent to record room were 176.
Cases convicted out of pending cases from previous year were only 3,947 out of a total of
2,22,349 (1.77%). Cases convicted out of cases reported during the year were 357 (1.35%). In
total, 4304 cases saw conviction. Cases discharged were 573 and acquitted were 5,270. Trials
were completed in 10,147 cases and total cases disposed were 10,416. The conviction rate is
42.4%.
Total of 2,38,315 cases are still pending and the pendency percentage is 95.8%.
Of the total cases pending before it, the courts could only dispose a meagre 10,416 cases. The
disposal rate is only 4.2%.
Ever year close to 30,000 cases are reported and with a charge-sheeting rate of around 83%
around 25,000 cases are brought before the courts every year. With a disposal of just 10,000
cases would see cases being added by around 15,000 every year. That is such a grim
situation.
Let’s have a look at period of pending cases-
Time 3-6months 6-12month 1-3years 3-5years 5-10years 10+years
Cases 20,419 32,445 79,662 62,952 30,136 12,707

With cases pending for more than 10 years at 12,707 gives an insight into the rate of trials.

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Cases pending for 1-3 years are almost 80,000. For more than 1 year, 1,85,457 cases are
pending.

Murder- Persons Arrested and Disposed

A total of 56,474 persons were arrested out of which 51,165 were charge-sheeted. Here the
charge-sheeting rate is 90.6 on basis of persons. Only 8,002 were convicted and 903 &
10,412 were discharged and acquitted respectively. A meagre 15.6% are convicted out of
total persons charge-sheeted.

It is completely evident that the conviction rate and whole criminal justice is in great crisis.
Given the number of cases reported each year and the back log from each year adding to the
burden. The police mostly take too much time to file a chargesheet or even final report. This
is evident in the table discussed above. The poor conviction rate and the trials going on for
10+ years are the reasons the whole system is in great need of overhaul.

(3).CAUSES OF LOW CONVICTION RATE-

1- Witnesses turning hostile-

It is not new that the witnesses turn hostile in the long process of trial. The running of
trial for several years gives ample time for the evidence and witnesses tampering and
even buying them to give a favorable statement. All the factors of money, politics and
family power comes into picture coupled with the lose control of judiciary and police
to prevent such things. Two popular examples are the Jessica Lal and Priyadarshini
Mattoo murder cases in which the trial court had to acquit the accused persons only
because important witnesses turned hostile. While delivering its judgment in the
Mattoo case, the judge regretted that he was compelled to acquit the accused who had
committed the offence of murder. The appellate court, however, later convicted the
accused following an outcry from the civilian society.1 Even the victim sometime
turns hostile. In a case of H N Ghadvi v. State of Gujrat2, the Supreme Court

1
Why is our conviction rate so low?, available at:
https://www.newindianexpress.com/opinions/2019/feb/21/why-is-our-conviction-rate-so-low-1941680.html
(last visited on 4 December 2021)
2 CRIMINAL APPEAL NO.913 OF 2016

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 criticized the victim and convicted the accused in an appeal where the lower court had
acquitted the accused when the victim retracted from her statement. She was the
victim of rape. These things are generally done by the elders of the family. Legal
provisions do exist to prosecute such people for perjury but these are seldom used and
are difficult to prove.

2- Role Of Public Prosecutors in relation to Low Conviction Rate-

Another cause for poor conviction rate is the poor performance of the public
prosecutors. The burden to prove the guilt of the accused rests on the prosecution. In
practice, the accused engages highly qualified lawyer and pay them high amount of
fess, on the other hand the prosecutors are of low calibre and also less driven as they
get monthly fixed salary. They also act partially sometimes due to political pressure
and corruption. Such a situation leads straight to a situation where it is all a game of
money and those who are poor suffers at the hands of injustices meted out to them by
the criminal justice system. If a person’s guilt depends on his ability to hire a good
lawyer, then certainly the system has anomalies which need to be fixed. Hearing
pattern in most cases change when petitions of rich and powerful people come.

Another factor is the insufficient number of prosecuting officers are available in the
system. They can’t give proper attention on every case which affects the quality of
prosecution and even the coordination between the police and them is not efficient
which results in delayed trials and they fail to examine the witnesses professionally.

In Zahira Habibullah v. State of Gujarat3, the Supreme Court observed, “Public

Prosecutors acted more as the defense rather than focusing on presenting the truth
before Court. A public prosecutor cannot act on the dictates of the state government.
He/she has to act objectively as he is also an officer of the court”.4

In Hitendra Vishnu Thakur v. State of Maharashtra5, the supreme court opined

that a public prosecutor is an important officer of the justice delivery system
appointed by the state government. He is an independent statutory authority and not
part of investigating agency. The success of a trial rests chiefly on effective

3 Appeal (crl.) 446-449 of 2004

4
Role Of Public Prosecutors Vis–A–Viz Low Conviction Rate, available at: https://legalreadings.com/role-of-
public-prosecutors-vis-a-viz-low-conviction-rate/ (last visited on 4 December 2021)
5
1994 AIR 2623
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 prosecution, which is possible only if the prosecutors are well qualified, trained, fair
and dedicated. The integrity and impartiality of the public prosecutor are
quintessential in the administration of justice. Every efforts must be made to improve
the quality of prosecution to secure, a fair, just and expeditious conclusion of the
trial.6

3- Poor investigation by the police

The poor investigation by the police and investigating agencies plays a major role in
cases not seeing conviction. The police we have are ill-equipped, inexperienced and
mostly corrupt. They are tasked with the work of doing investigation without which a
trial is incomplete. They collect evidence, escort witnesses, and do proper inquiry.
There is no proper machinery to keep a check on them. A sub-inspector is the highest-
level officer who files a charge sheet, we can imagine the quality of their content.
They can tamper the evidences; they can frame false charges against innocent people
and they can allow the offender to get away. The Hyderabad encounter case is an
example of the irregularities in the investigation by the police. The ASJ of a Delhi
heavily criticized Delhi Police for the poor investigation done by them in most of the
riots related cases in Northeast Delhi riots. 7 When a criminal incident takes place,
police are the primary source of collecting the evidences when the matter is still fresh.
As the time passes, the probability of collecting accurate evidences decreases. The
irregularities in registering the FIRs are something everyone is acquainted with. They
show more favor to the rich and influential people. The National Police Commission
of India in its 4th report has pointed out that non-registration of cases by complaints is
a serios issue. 50% of the respondents in their study have mentioned non-registration
of complaints as a common malpractice in police stations.

Police shows more favor to the rich and influential people. They are alleged and it’s a
reality that they shield criminal elements. They are also under pressure from political
head of the government to keep the criminal cases low and show favor to the nexus of
criminals with the political heads. After all police works under the state executive.

6
Supra note 4.
7
Delhi Court Slams Police for 'Poor Standard of Investigation' in Riot Cases, available at:
https://thewire.in/law/delhi-corut-slams-police-for-poor-standard-of-investigation (last visited on 4 December
2021)
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 4- Court delays during the trials- Against Rule of law

The fact that cases are pending for even more than 10+ years, the court process has a
lot to do with it. Frequent adjournments given by court even on flimsy grounds causes
the delay. It frustrates the witnesses who have no stake in the case. It even gives the
opportunity for the witnesses to be threatened or influenced. The court should grant
adjournments only on valid reasons.

The second problem is the frequent lawyers’ strike which leads to delay in court
proceedings. In Hussain v Union of India8, the court had clearly stated that the
lawyers strike and suspension of the court is illegal and it is high time that legal
fraternity realizes its duty to the society which is foremost. Every now and then there
is a lawyers’ strike which impedes the process of justice delivery.

The fact that the pending cases of murder are 2,38,315 and there is a pendency rate of
95.8% and the courts are able to dispose only around 10,000 cases per year with
around 25,000 new cases coming for trials every year, the backlogs are adding up
with each passing year. In this scenario, the menace of adjournments and strike is the
last thing desirable.

The right to have speedy justice is not only an invaluable human right, but it is also a
fundamental right in most constitutional democracies. It finds mention in Magna
Carta of UK, the Universal Declaration of Human Rights 1948, the International
Covenant on Civil and Political Rights 1996 and it is best explained in the maxim ubi
jus ibi remedium, meaning for every right breached there must be a remedy. Access to
justice has been recognized as a integral aspect of right to life under article 21 in the
case of Imtiyaz Ahmed v. State of Uttar Pradesh9, the court has held that rule of
law, independent judiciary and access to justice are interwoven. Absence of an
efficient system of justice delivery deprive a citizen of his valuable right and the
delays can even dissuade them to seek justice. There is well-known saying that Justice
delayed is Justice denied. If a teacher who challenges the denial of promotion to the
chair of principalship gets no justice if his claim is upheld 2 months before his
retirement or even in some cases after retirement considering the case was going on

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CRIMINAL APPEAL NO.509 OF 2017
9
(2012) 2 SCC 688
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 from 7 years. So timely disposal of cases assumes great significance in a country
governed by rule of law. We have to see that this system is for the citizens of this
country and their trust in the system should not be weakened. Long trials break the
trust in the system. It is against rule of law.

5- Absence of free legal aid to poor and weaker sections-

In spite of the lofty ideals of Legal Services Authority Act, 1987 and Article 39A
which states for the free legal aid to those who can’t afford, the accessibility of free
legal aid is still elusive for the poor and weaker sections of the society. For the legal
system to work, it must be capable of being equally accessible by the poor and rich. In
practical sense, this is quite not the reality. The corporates and rich people get quality-
lawyers’ aid. Poor people don’t even know who to approach and considering the fact
that a large portion of our population is poor.

6- Lack of forensic evidence and availability in judicial trials-

Even if the witnesses are turning hostile, the forensic science can be used to ascertain
the crime. But its availability in our judicial system is limited. The conviction rate is
poor due to witnesses turning hostile and other factors but the state can’t be absolved
of its responsibility. A crime is not a case between two parties, it is against the state. It
impacts the entire society. Even if the witnesses turn hostile, the forensic evidence
collected can’t turn hostile as witnesses do. If a rape is proved by medical reports and
DNA examination, even the victim can’t save the accused. Same goes for the offence
of murder, if by DNA and forensic evidence murder is proved to be committed by an
accused, he can’t escape the trial.

But the most of our trials are based on oral testimonies, if they change their versions
the case fall flat. In developed countries enough forensic evidence is collected before
putting the case on trials, that’s why their conviction rate is high.

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 (4)CONVICTION RATE OF MODERN COUNTRIES-10

1- USA- The US Department of Justice reported a 93% conviction rate. In 2020, in

US state courts the conviction rate for Texas was 84%, 82% in California and so
on.

There is frequent happening of "guilty acceptance" plea deals in the United States.
That being said, the apparent "conviction rate" may not be accurate because the
charges are dropped.

2- UK- In UK, there are 3 bodies which cover different geographical areas. In, 2017–
2018 in England and Wales at Crown Court, the conviction rate was reported at
80.0% and at Magistrates’ Courts, the conviction rate was reported at 84.8%. in
Northern Ireland the figures for 2017-18 shows the conviction rate for Crown
Court and Magistrates Courts at 87.2% and 79% respectively.

3- Russia- In Russia the conviction rate for 2018 was 99%. In Russia they account
only the cases which make it to the end and do not account the cases which are
dropped in the process. It is unlike other countries where the non-conviction rate
accounts for acquittals and dismissals and discharges.

4- Japan- the conviction rate is 99.3%, but the Japanese prosecutors drop half the
charges they are given. If measured in the same way, USA will have a conviction
rate of 99.8%.

5- Canada- As per 2017-18 data, the conviction rate is 62% (those in adult courts).
But the acquittal rate is only 3.6% because almost 1/3 cases are withdrawn either
directly or indirectly by crown stay.

6- China- It has a conviction rate of 99.9%. the prosecutors in China have a ‘zero
acquittal policy’ which lowers their caliber.

It can be said the democracies like Japan, USA, UK and even Canada fare better than
India on account of conviction rate. The conviction rate of India in IPC Crimes is
57%.

10
Conviction rate, available at: https://en.wikipedia.org/wiki/Conviction_rate (last visited on 5 December 2021)
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(5)RECOMMENDATIONS ON HOW TO INCREASE CONVICTION
RATE-

1- Better police investigation-

The faulty and corrupt police investigation, tampering the evidence and witnesses are
the key factors for high acquittals and discharges. The police are the base of the
investigation. Strict laws and rules should be made to bring about a fair and efficient
investigation. Those following corrupt practices should be dealt sternly. Most of the
sub-inspectors are promoted from the post of constable. Officers should be given
proper training. There should be body keeping an eye on the corrupt practices of
police.

2- Increase Access to Justice-

There is a need to increase access to Justice for poor, underprivileged people. Most of
them don’t know about the police and court process and they end up being played by
the Police. Most of the times, Police arrests them and don’t bring them before the
court in spite of the rule that the accused should be produced before the court within
24 hours. Leave aside poor, many people who have never faced any legal matter, they
even don’t know it. Middlemen and dishonest lawyers take bribes from them and then
frame them in frivolous charges. The access to Justice should be increased. The legal
service authority had lofty ideals, still the access to Justice is far from reach in village
and town areas. The lawyers, law students and law knowers should come forward to
help the society.

3- Court efficiency-

Around 5 million cases in High Courts and 35 million cases in trial courts are
pending. The excess burden on the judiciary and the long trials coupled with frequent
adjournments and lawyers’ strike and judges leave are turning the judicial process
inefficient.

The number of judges should be increased, only those cases which are to be heard

14
 should be listed, the adjournments seeking process should be made stringent and only
on valid grounds the adjournments should be sought. The strength of the judges
should be increased to deal with the delays. Fast and frequent trials should be
conducted.

4- Witnesses should be protected

In most of the developed countries, the crucial witnesses are given state protection
and they are made inaccessible to any tampering. In our country the witnesses are not
protected and secondly the long trials make it easy for them to be threatened and
tampered and even inconvenient for them to keep fighting a case in which they have
no stake. The crucial witnesses should be protected by the state and be encouraged
and rewarded to fight for the Justice and they should be discharged soon.

5- Forensic Investigation should be improved-

The advanced technologies and forensic based scientific method should be increased
as much as possible. The scientific data doesn’t lie. It should be employed effectively.

6- Increased use Plea Bargaining-

Plea bargaining refers to an agreement between the prosecutor and accused where the
accused pleads to a lesser offence for a lighter sentence. It was thought it would be
equivalent of ADR process in criminal matters. But it has proved to be non-starter. If
we see the data of murder, only 7 cases have been solved by Plea Bargaining.

The use of plea bargaining should be encouraged as in most of the cases, charges
framed are more than what has accused committed. The plea bargaining process has
to be started from the accused, so there is reluctancy on his part that if he starts this,
he will be more likely to convicted. Such reluctancy should be removed. The sentence
awarded should be lesser, so as to encourage the plea bargaining process.

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 CONCLUSION

The conviction rate of murder is abysmally low. We saw the various reasons for the
low conviction rate. And in the end some recommendations to increase the conviction
rate are given. In conclusion, it can be said that the low conviction rate coupled with
long trials, are great defects of our justice delivery system. It is a violation of rule of
law. The constitution guarantees every citizen, access to justice and mechanisms to
solve the cases. Not only access, the right to have speedy and time-bound justice. The
remedy will of no use, if it can’t heal the wound. Rightly, Justice delayed is Justice
denied.

BIBLIOGRAPHY

1- NCRB Reports

2- R.V. Raveendran, Anomalies in Law & Justice, (EBC, Delhi, 1st edn., 2021).
3- Why is our conviction rate so low?, available at:
https://www.newindianexpress.com/opinions/2019/feb/21/why-is-our-conviction-
rate-so-low-1941680.html (last visited on 4 December 2021)
4- Role Of Public Prosecutors Vis–A–Viz Low Conviction Rate, available at:
https://legalreadings.com/role-of-public-prosecutors-vis-a-viz-low-conviction-
rate/ (last visited on 4 December 2021)
5- Delhi Court Slams Police for 'Poor Standard of Investigation' in Riot Cases,
available at: https://thewire.in/law/delhi-corut-slams-police-for-poor-standard-of-
investigation (last visited on 4 December 2021)
6- Conviction rate, available at: https://en.wikipedia.org/wiki/Conviction_rate (last
visited on 5 December 2021)

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