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La vérité en question. Idéal de justice et techniques judiciaires en Inde

Abstract : In this paper we explore how the notion of ‘truth’ is invoked and managed in criminal cases in India. We address this issue by first evoking the (rather idealistic) principle it officially represents for justice, then by analyzing some of the techniques intended to elicit a judicial truth in the context of the adversary system followed in India. Despite the propensity with which prosecution witnesses contradict their previous statements made to the police, which leads to the acquittal of the accused for want of proofs, trial judges are able to suggest an alternative narrative as a background to the legal one which emerges at the bar. In order to understand this situation, it is necessary to take into account the social, economic and political settings leading to out-of-court compromises and to a form of ‘sociological truth’. Indeed, the weight of these factors is such that the way a trial unfolds ― and the kind of ‘truth’ it may reach ― is sometimes suspected to bear the brunt of corruption.
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https://hal.archives-ouvertes.fr/hal-01343829
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Submitted on : Sunday, July 10, 2016 - 2:41:23 PM
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Daniela Berti, Gilles Tarabout. La vérité en question. Idéal de justice et techniques judiciaires en Inde. Yazid Ben Hounet; Deborah Puccio-Den. Autour du crime, 13, L'Herne, pp.117-134, 2016, Cahiers d'Anthropologie sociale, 978-285-197-383-2. ⟨hal-01343829⟩

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