Chapter 6 Understanding Our Criminal Justice System

 

Chapter 6

Understanding Our Criminal Justice System

 

Criminal Justice System

*Criminal Justice System is the system of law enforcement

*It involves apprehending,  prosecuting,  defending,  sentencing,  and punishing those who are suspected or convicted of criminal offenses.

*A criminal offence, is an action which is punishable under the law . these actions are against the affected victims and against society as a whole.

Need of different institutions

There areFour key players in the criminal justice system are the police, the Public Prosecutor, the defence lawyer and the judge.

Different  persons and institutions  play  different  roles  as  part  of  the  criminal  justice system because:

1.  A  single  person  cannot  have  all  the  qualification  required  to perform  different  functions  such  as  arresting,  defending,  collecting  evidences, and giving final judgment.

2. To avoid the misuse of power and unfairness in the results.

Role of the Police in Investigating a Crime

*An important function of the police is to investigate any complaint about the crime.

*The investigation includes recording statements of witnesses and collecting different kinds of evidence.

*On the basis of the investigation, the police are required to form an opinion. If the police think that the

evidence points to the guilt of the accused person, then they file a charge sheet in the court.

* It is not the job of the police to decide whether a person is guilty or innocent, the judge has to decide this.

 

Police and rule of law

*The rule of law means that everyone including the police is subject to the law of the land.

*Police investigations have to be conducted in accordance with the law and with full respect for human rights.

*The Supreme Court has laid down guidelines that the police must follow at the time of arrest,

detention and interrogation.

*The police are not allowed to torture or beat or shoot anyone during the

Investigation. They cannot inflict any form of punishment on a person even for petty offences.

Article 22 of the Constitution

Article 22 of the Constitution and criminal law guarantee the following Fundamental Rights to every

arrested person:

• The Right to be informed at the time of arrest of the offence for which the person is being arrested.

• The Right to be presented before a magistrate within 24 hours of arrest.

• 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. 

 

D.K. Basu Guidelines

The  Supreme  Court  has  laid  down  guidelines  that  the  police  must  follow  at  the  time  of  arrest,  detention  and  interrogation.  These are known as  the D.K. Basu Guidelines and these include:

• The police officials who carry out the arrest or interrogation should wear clear, accurate and visible

identification and name tags with their designations.

• A memo of arrest should be prepared at the time of arrest and should include the time and date of

arrest. It should also be attested by at least one witness who could include a family member of the

person arrested. The arrest memo should be countersigned by the person arrested.

• The person arrested, detained or being interrogated has a right to inform a relative, friend or a  well

wisher.

• When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.

First Information Report

*First Information Report (FIR): Once the FIR is registered, the police can begin their investigations into a crime.

*As per the law, it is compulsory for an officer in charge of a police station to register an FIR

whenever a person gives information about a cognizable offence.

*This information can be given to the police either orally or in writing. The FIR usually mentions the date, time and place of the offence, details the basic facts of the offence, including a description of the events.

If known, the identity of the accused persons and witnesses is also mentioned. The FIR also states the name and address of the complainant.

*Police can register an FIR in a prescribed form, signed by the complainant. The complainant also has a legal right to get a free copy of the FIR from the police.

 

Role of Public Prosecutor

*A public prosecutor is an official who represents  the  interests  of  the State. 

* Their role begins after the police has conducted the investigation and filed the charge sheet in the court.

* The Prosecutor has no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State.

*As an officer of the court, it is their duty to act impartially, thus enabling the court to decide the case.

Role of the Judge

*The  judge  is like an umpire in a game,the Judge conducts the trial impartially in an open court.

* He/ She hears all the witnesses and all evidence presented by the prosecution and the defence.

*On the basis of the evidence  presented and in accordance with the law, the judge decides whether the accused person is guilty or innocent.

* If the accused is convicted, then the judge pronounces the sentence and sends them to jail or

imposes a fine or both, depending on what the law prescribes. 

 

 

Criminal case procedure  in India.

1.A  crime  is  first  reported  by  the  victim  to  the  Police  and  the  police  file  a FIR 

2. Then the police begin the  investigation  and arrest the suspected person or persons.

3. The police then file a charge sheet  in  the  Magistrate’s  Court.

4. The trial begins  in  court.

 The Public Prosecutor represents the victim and the accused can defend themselves

with  the  help  of  lawyer. 

5.Once  the  trial  is  over  the  accused  is  either  convicted or acquitted. If convicted, the accused can appeal to the higher court.

Fair Trial

Article 21 of the Constitution that guarantees the Right to Life

states that a person’s life or liberty can be taken away only by  following a reasonable and legal procedure. A fair trial ensures that Article 21 of the Constitution is upheld.

 

Features of Fair Trial

1.  According to Article 22 of the Constitution, every person has a Fundamental Right to be defended by a lawyer.

2.A  copy  of  the  charge sheet  and  all  other  evidence  that  the  prosecution presented has to be given to the accused.

3i.  The trial has to be held in an open court, in public view and in the presence of the accused.

4.  The accused has to be given a lawyer to defend himself in case he cannot afford to employ a lawyer. (Article 39A )

iv.  The prosecution has to prove beyond reasonable doubt of guilty of the accused.

v.  The  judge  decides  the  matter  only  on  the  basis  of  the  evidence before the court.