2.4.2. Nyaya Panchayats

Nyaya Panchayats are the judicial components of the panchayat system, which forms the lowest rung of our judiciary. They are created for the administration of justice at the local or rural level. The rationale behind setting up the Nyaya Panchayat was - Democratic decentralization; Easy, speedy and Inexpensive access to justice; Revival of traditional village community life; Combination of judicial system and local self government; and Reduction in pressure on Civil Courts.

♤ Nyaya Panchayats constitutes a Sarpanch as its head. Each member of Nyaya panchayat must be literate and must be of minimum 30 years of age. The appointment is based on nomination and election.

♤ It has judicial functions both in civil as well as in criminal fields. It can deal with several minor offences) like simple hurt, wrongful restraint, theft etc., and punish an accused to pay fine. In civil matters nyaya panchayat have jurisdiction in cases like suits for money and goods etc. The pecuniary limit of such cases is very low.

♤ The procedure laid down for trial of cases has been so designed as to avoid delays and technical difficulties. Therefore procedure followed in nyaya panchayats is very simple and informal.

o The procedure codes like Code of Civil Procedure, Criminal Procedure Code and Indian Evidence Act apply to the nyaya panchyats. But, they have power to call witnesses and the parties for recording their evidence or producing any relevant document or fact.

o Unlike courts, they have the power to investigate the facts to find out the truth and at the same time they have the power to punish for its contempt. Lawyers cannot appear before a nyaya panchyat in any of its proceedings.