Question: Is Jury Trial Banned In India?

Answer: Yes.

 

Jury system existed in India pre-1960, but was abolished looking at the demerits it had to offer!

Abolition of the Jury system is a positive step in the history of Indian judiciary, since the jury can not in most cases weigh proper legal complicacies and is likely to be swayed by popular and painted notions.

As a mature democracy we stand for free and fair judgement and not try someone in a kangaroo court and hang the accused.

 

The Government of India made the decision to abolish the jury system after the KM Nanawati Vs. The State of Maharashtra case.

It is seen that consensus of the jury are often biased. The jury consists of people who mostly are not related to the legal system. So it's not difficult for the jury to be influenced from popular notions/media portrayals et al, which could completely deter a fair trial. The jury judges a case based on societal norms, morality and ethics. It is almost always the case that the accused is presumed guilty.

Abolishing the Jury system should be viewed as a positive step, although many argue that it ensures public/societal participation in the judicial system, but in a country like India, where media enjoys autonomy and the views/sentiments of the public are fairly represented, Jury trial is something that can be done away with.

 

Pasted from <https://www.quora.com/Why-was-the-jury-system-abolished-in-India#>