Can disputes relating to criminal matters be resolved through arbitration in India?

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Answer By law4u team

No, disputes relating to criminal matters cannot be resolved through arbitration in India. This is because criminal matters involve the commission of a crime, which is considered an offence against the state, and the state has the sole authority to prosecute criminal cases. Arbitration is a mechanism for resolving civil disputes between two or more parties through a private process, and it does not have jurisdiction over criminal matters. Criminal matters are prosecuted by the state through the criminal justice system, and the accused has certain rights under the Constitution of India, such as the right to a fair trial, the right to be represented by a lawyer, and the right to appeal a verdict. However, if a criminal case involves a civil dispute, the civil dispute may be referred to arbitration if the parties agree to do so. For example, if a criminal case involves a breach of contract, the civil dispute may be referred to arbitration if the parties agree to resolve the dispute through arbitration. In such cases, the criminal case will still be prosecuted by the state, but the civil dispute will be resolved through arbitration.

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