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Establishment of Nyaya Panchayat in Uttar Pradesh and other States in India and its Progress

Criminal jurisdiction is more extensive and covers a substantial range of offences under the Indian Penal Code. E.g. Criminal negligence Trespass Nuisance including water population Possession or use of false weights and measures Theft Misappropriation Intimidation Perjury Attempt to evade summons And specialized statutes like Cattle Trespassing Act Gambling Acts Prevention of Juvenile Delinquency Act The NP are authorised to levy fines up to Rs.100, but they have no power to sentence offenders to imprisonment, even for failure to pay a fine. Two essential features of lay adjudication, simplicity of procedure and flexibility of functioning, are realized in the design of NP. They are not encumbered by the need to follow elaborate rules of civil and criminal procedure or the law of evidence. Complaints may be made orally or on writing, no legal representation is allowed, although in some civil matters parties may be represented by an “agent”. Witnesses if any are examined on oath or solemn affirmation. After the party’s present evidence and arguments informally they are asked to absent themselves; panchas confer among themselves and arrive at a decision, which is pronounced in open court. A judgment is written and signed by both parties. Despite these informal attributes, NP do differ from traditional dispute Institutions in several significant respects. Membership are fixed rather than flexible and based indirectly on popular election rather than social understanding. NP constituencies are territorial units rather than functional or ascriptive groups.

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Michael77 comment`s:

Whether in Wikipedia, there are still where I have noticed almost the same information, but anyway thanks

08.03.2010


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