Criminal justice is the system of practices and
institutions of governments directed at upholding social control, deterring and
mitigating crime, or sanctioning those who violate laws with criminal penalties
and rehabilition efforts.
There are four people
who play a key role in our criminal justice system. They are- Police, Public
Prosecutor, the defence lawyer and the Judge.
According to the
Constitution, every indiviual charged of a crime has to be given a fair trial.
What is the Role of Police in Investing a Crime:
(i) To investigate any
complaint about the commission of a crime.
(ii) An investigation
includes recording statements of witnesses and collecting different kinds of
evidence.
(iii) If the police
think that the evidence points to the guilt of the accused person, then they
file a charge-sheet in the court.But whether a person is guilty or innocent, is
decided by the judge and not the police.
(iv) As everyone is
subjected to law of land, including police. Therefore, police investigations
always have to be conducted in accordance with law and with full respect for
human rights.
(v) Article 22 of the
Constitution and criminal law guarantee to every arrested person the following
Fundamental Rights.:
- The Right to be informed at the time of arrest of the
offence for which the person is being arrested.
- The Right not to be ill treated or tortured during
arrest or in custody.
- Confessions made in police custody cannot be used as
evidence against the accused.
- A boy under 15 years of age and women cannot be called
to the police station only for questioning.
First Information Report (FIR) :
(i) Police can begin
investigation into a crime only with the registration of an FIR.
(ii) The law states that
it is compulsory for an officer in charge of a police station to register an
FIR when person gives information about a cognizable offence.
(iii) FIR usually
consists of the date, time, place of the offence, details of the offence which
includes the description of the event. It also states the name & address of
the complainant.
(iv) Complainant have
got the legal right to keep a free copy of the FIR from the police
Public Prosecutor:
Meaning of public prosecutor: A law officer who conducts criminal proceedings
on behalf of the state or in the public interest.
Meaning of prosecution : Carrying of legal proceedings against a person.
What is the role of public prosecutor :
(i) In court, Public
Prosecutor represents the interests of the State.
(ii) The role of the
Public Prosecutor begins once the police has conducted the investigation and
filed the chargesheet in the court.
(iii) He must conduct
the prosecution on behalf of the State.
(iv) He is expected to
act impartially and present the full and material facts, witnesses and evidence
before the court..
What is the Role of the Judge:
(i) The judge hears all
the witnesses and any other evidence presented by the prosecution and the
defence.
(ii) The judge decides
whether the accused person is guilty or innocent on the basis of the evidence
presented and in accordance with the law.
(iii) If the accused is
convicted, the judge pronounces the sentence which can be sending the person to
jail or imposing a heavy fine or both, depending on what the law prescribes.
What is a Fair Trial:
(i) According to the
Article 21 of the Constitution that guarantees the right to life which states
that a person’s life or liberty can be taken away only by following a
reasonable and just legal procedure.
(ii) A fair trial
ensures that Article 21 of the Constitution is upheld.
(iii) Every citizen,
irrespective of his class, caste, gender, religious and ideological backgrounds
should get a fair trial when accused.That means a judge cannot jump to the
conclusion, instead he have to remain impartial and then decide on the basis of
the evidences.
(iv) The rule of law
says that everyone is equal before the law would not make much sense if every
citizen were not guaranteed a fair trial by the constitution.
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