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2021-05-15T12:05:34Z

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{{Use dmy dates|date=August 2016}}
{{Use Indian English|date=August 2016}}
{{Infobox legislation
| imagesize = 150
| long_title = An Act to provide for the establishment of Gram Nyayalayas at the grass roots level for the purposes of providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities and for matters connected therewith or incidental thereto.
| citation = [http://www.lawmin.nic.in/doj/justice/gramnyayalayas.pdf Act No. 4 of 2009]
| enacted_by = [[Parliament of India]]
| date_assented = 7 January 2009
| date_commenced = 2 October 2009
| status = in force
}}

'''Gram Nyayalayas Act, 2008''' is an Act of [[Parliament of India]] enacted for establishment of Gram Nyayalayas or village courts for speedy and easy access to justice system in the rural areas of India. The Act came into force from 2 October 2009.<ref>{{cite news|title=Gram Nyayalaya Act 2008 to come into effect from October 2, 2009|url=http://pib.nic.in/newsite/erelease.aspx?relid=52951|access-date=1 May 2013|newspaper=Press Information Bureau|date=1 October 2009}}</ref> However, the Act has not been enforced properly, with only 208 functional Gram Nyayalayas in the country (as of 03 September 2019) against a target of 5000 such courts.<ref name="fundcrunchtoi">{{cite news|url=http://www.arthapedia.in/index.php?title=Gram_Nyayalayas_or_Village_Courts|title=Gram Nyayalayas or Village Courts|date=10 March 2015}}</ref> The major reasons behind the non-enforcement includes financial constraints, reluctance of lawyers, police and other government officials.<ref name=fundcrunchtoi />

==Features==
* Gram Nyayalaya are established generally at headquarter of every [[Panchayat]] at intermediate level or a group of contiguous panchayat in a district where there is no panchayat at intermediate level.<ref>Section 3(1)& 4 of Gram Nyayalayas Act, 2008</ref>
* The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, enjoy same salary and benefits of a [[Courts of Judicial Magistrate of First Class|Judicial Magistrate of First Class]]. Such Nyayadhikari are to be appointed by the State Government in consultation with the respective [[List of High Courts of India|High Court]].<ref>Section 5,6 & 7 of Gram Nyayalayas Act, 2008</ref>
* A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.<ref>Section 3(2) of Gram Nyayalayas Act, 2008</ref> The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regards.<ref>Section 9 of Gram Nyayalayas Act, 2008</ref>
*The Gram Nyayalayas have both civil and criminal jurisdiction over the offences and nature of suits specified in the First and Second schedules of the Act.<ref>Section 11, 12 & 13 of Gram Nyayalayas Act, 2008</ref> The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts.<ref>Section 13(2) of Gram Nyayalayas Act, 2008</ref>
*The fees charged in civil suits shall not exceed Rs.100 irrespective of the value of property in dispute.
* Both the Central and the State Government can add or remove items in the Schedule. While the Central Government can amend the list in Schedule I and II, by notifying them and thereafter laying it in the Parliament, the State Government can amend the items in Part III of Schedule I or II, in the areas of law which the state is competent to enact law after due consultation with the respective High Court and notifying it. Such notification has to be laid in the State Legislature.<ref>Section 14 of Gram Nyayalayas Act, 2008</ref>
* Offences are to be tried in a summary manner in accordance with Chapter XXI of Code of Criminal Procedure.<ref>Section 19 of Gram Nyayalayas Act, 2008</ref>
* The Act allows plea bargaining in accordance with Chapter XXIA of Code of Criminal Procedure.<ref>Section 20 of Gram Nyayalayas Act, 2008</ref>
* Gram Nyayalayas can follow special procedures in civil matters, in a manner it deem just and reasonable in the interest of justice.<ref>Section 24(6) of Gram Nyayalayas Act, 2008</ref>
* Civil suits are proceeded on a day-to-day basis, with limited adjournments and are to be disposed of within a period of six months from the date of institution of the suit.<ref>Section 24(8) of Gram Nyayalayas Act, 2008</ref><ref>{{cite web|url=http://barandbench.com/content/212/conversation-veerappa-moily-minister-law-and-justice#.U3JDmfmSyLG|publisher=barandbench.com|title=Conversation with Veerappa Moily Minister of Law and Justice|access-date=2014-05-13|url-status=dead|archive-url=https://web.archive.org/web/20140514171413/http://barandbench.com/content/212/conversation-veerappa-moily-minister-law-and-justice#.U3JDmfmSyLG|archive-date=14 May 2014|df=dmy-all}}</ref>
* In execution of a decree, the Court can allow special procedures following rules of natural justice.<ref>Section 25 of Gram Nyayalayas Act, 2008</ref>
* Gram Nyayalayas allow for conciliation of the dispute and settlement of the same in the first instance.<ref>Section 26 of Gram Nyayalayas Act, 2008</ref>
* Gram Nyayalayas has been given power to accept certain evidences which would otherwise not be acceptable under Indian Evidence Act.<ref>Chapter VI of Gram Nyayalayas Act, 2008</ref>
* Appeals in criminal matter can be made to the Sessions Court in the respective jurisdiction and in civil matters to the District Court within a period of one month from the date of judgment.

== See also ==
* [[Lok Adalat ]]
* [[Legal Services Authorities Act 1987]]

== References ==
{{reflist|30em}}

== External links ==
*[http://www.lawmin.nic.in/doj/justice/gramnyayalayas.pdf Text of the Act]

{{Judiciary of India}}
{{Indian legislations}}

[[Category:Acts of the Parliament of India 2008]]
[[Category:Judiciary of India]]
[[Category:Local government in India]]

Gram Nyayalayas Act, 2008 - Revision history

2409:4072:640E:FC5A:40EB:C45C:5390:DAAE: /* Features */