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What is meant by a jury ? What is the Indian situation?
The word "jury" originates from the Latin word "juris" meaning law. A jury is a sworn body of persons convened to render a rational, impartial verdict and a finding of fact on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law.
The system of trial by jury evolved primarily in England and is considered to be a distinctive of Anglo-Saxon jurisprudence. Many scholars saw the origin of the jury system in England as "a national recognition of the principle that no man ought to be condemned except by the voice of his fellow citizens . . . that the jury does not owe its existence to any preconceived theory of jurisprudence, but that it gradually grew out of forms previously in use, and was composed of elements long familiar to the people of this country" (Forsyth 1878: 4-5).
The United States later adopted this system and it was beleived that the jury consists of a body of men taken from the community at large, summoned to find the truth of disputed facts, who are quite distinct from the judges or court. Their office is to decide the effect of evidence, and thus inform the court truly upon the question at issue, in order that the latter may be enabled to pronounce a right judgment. But they are not the court itself, nor do they form part of it; and they have nothing to do with the sentence which follows the delivery of their verdict. They are called upon to serve as the particular avocations and pursuits, so as to be absolutely free from any professional bias or prejudice.
The jury system was introduced in India by the British administrators in order to bring about harmony among its provinces. The Indian National Congress passed resolutions in 1886 for the extension of trial by Jury and for giving finality to the verdicts of Juries. While the Government of India introduced the system of trial by Jury, in 1872 it however made a change in the system which deprived the verdicts of Juries of all finality, and vested in Sessions Judges and High Courts powers of setting aside verdicts of acquittal by the Juries. this finally led to the complete removal of the system of trial by the jury in india.
This was done because it was found that the jury system was not suited for the prevalent Indian conditions. It was observed that for the jury system to be successful it should be applied in small homogenous communities where a given number of persons of similar status and identical background can be found easily to sit on judgment on their peers.India being a country which is so diverse with a mixture of cultures, languages and traditions, the jury system was held to be not suitable in the furtherance of justice to its citizens.
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The word "jury" originates from the Latin word "juris" meaning law. A jury is a sworn body of persons convened to render a rational, impartial verdict and a finding of fact on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law.
The system of trial by jury evolved primarily in England and is considered to be a distinctive of Anglo-Saxon jurisprudence. Many scholars saw the origin of the jury system in England as "a national recognition of the principle that no man ought to be condemned except by the voice of his fellow citizens . . . that the jury does not owe its existence to any preconceived theory of jurisprudence, but that it gradually grew out of forms previously in use, and was composed of elements long familiar to the people of this country" (Forsyth 1878: 4-5).
The United States later adopted this system and it was beleived that the jury consists of a body of men taken from the community at large, summoned to find the truth of disputed facts, who are quite distinct from the judges or court. Their office is to decide the effect of evidence, and thus inform the court truly upon the question at issue, in order that the latter may be enabled to pronounce a right judgment. But they are not the court itself, nor do they form part of it; and they have nothing to do with the sentence which follows the delivery of their verdict. They are called upon to serve as the particular avocations and pursuits, so as to be absolutely free from any professional bias or prejudice.
The jury system was introduced in India by the British administrators in order to bring about harmony among its provinces. The Indian National Congress passed resolutions in 1886 for the extension of trial by Jury and for giving finality to the verdicts of Juries. While the Government of India introduced the system of trial by Jury, in 1872 it however made a change in the system which deprived the verdicts of Juries of all finality, and vested in Sessions Judges and High Courts powers of setting aside verdicts of acquittal by the Juries. this finally led to the complete removal of the system of trial by the jury in india.
This was done because it was found that the jury system was not suited for the prevalent Indian conditions. It was observed that for the jury system to be successful it should be applied in small homogenous communities where a given number of persons of similar status and identical background can be found easily to sit on judgment on their peers.India being a country which is so diverse with a mixture of cultures, languages and traditions, the jury system was held to be not suitable in the furtherance of justice to its citizens.
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