Gram Nyayalayas

About Gram Nyayalayas:

• Gram Nyayalayas, or village courts, are established under the Gram Nyayalayas Act, 2008, for speedy and easy access to the justice system in the rural areas of India.
• The Act extends to the whole of India, except to the States of Nagaland, Arunachal Pradesh, and Sikkim and to the tribal areas specified in the Sixth Schedule to the Constitution of India.
• Gram Nyayalayas are aimed at providing inexpensive justice to people in rural areas at their doorsteps.
• Constitution:
  • The State governments have been vested with the authority of setting up one or more nyayalayas, after proper consultation with the respective High Court, in every Panchayat at the intermediate level or group of adjacent Panchayats at the intermediate level of a district.
  • However, the Act does not make setting up of Gram Nyayalayas mandatory.
  • Section 4 of the Act provides for the headquarters of the gram nyayalaya to be situated in the respective Panchayat or some other place notified by the state government.
• Presiding Officer: The Gram Nyayalayas are presided over by a Nyayadhikari (appointed by the State Government in consultation with the respective High Court), who will have the same power, enjoy the same salary and benefits as a Judicial Magistrate of First Class.
• Act as Mobile Court: The Nyayadhikari shall periodically visit villages and may hear the parties and dispose of the cases at the place other than its headquarters.
• Territorial Jurisdiction: The State governments are also sanctioned to control and alter the territorial jurisdiction of the Gram Nyayalayas from time to time, depending upon the requirement or circumstance.
• The Gram Nyayalayas will try criminal cases, civil suits, claims, or disputes which are specified in the First Schedule and the Second Schedule to the Act. 
• They are to follow summary procedure in a criminal trial.
• Disputes are to be settled as far as possible by bringing about conciliation between the parties, and for this purpose, the Gram Nyayalayas will make use of the conciliators to be appointed for this purpose.
• The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Bharatiya Sakshya Adhiniyam, 2023, but shall be guided by the principles of natural justice, subject to any rule made by the High Court.
• Appeals:
  • Criminal matters: An appeal against the decision of the Nyayalaya in a criminal matter can be filed in the Sessions Court of that jurisdiction.
  • Civil matters: an appeal against any verdict of the gram Nyayalaya concerning a civil matter can be filed in a District Court of the concerned jurisdiction. 

Q1: What is meant by summary procedure in a criminal trial?

Summary Trials are mentioned in Chapter XXI of the Code of Criminal Procedure,1973. In this trial, the cases are disposed of speedily as the procedure is simplified and the recording of such cases are done summarily. In this type of trial, only the offenses which fall into the small/petty category are tried. Complex cases are reserved for warrant or summons trials. To determine whether a case should be tried summarily, the facts stated in the complaint form the primary basis. The objective of summary trials is the expeditious disposal of cases to lessen the burden on the judiciary.

Source: Establishment of Gram Nyayalayas will improve access to justice: SC