The Criminal Justice System in India
The criminal justice system in India is a system having a court for criminals to fight for their trails. The system ensures a fair trial for the culprits maintaining the law and order in the country. It all starts with the victim reporting the crime to the police and the police filing an FIR or first information report. Then police begin the investigation process and based on it, arrest the suspected criminal. The police then proceed to file a charge sheet in the Magistrate’s Court. The trial process starts at the court. Both the victim and accused get a fair chance to represent themselves in court. The Public Prosecutor represents the victim, while the accused can also take assistance from a lawyer to defend themselves. After the trial session gets over, the accused is either convicted or acquitted. If convicted, the accused can also appeal to a higher court for criminal justice.
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Concept of Criminal Justice System
The concept of the criminal justice system in India was established to maintain law and order. India being a democratic nation, also provides an equal right to justice to the accused person. There are different systems through which criminal justice proceeds within the country. These are mentioned below:
State Criminal Justice: This body administers a specific state and crime committed within the jurisdiction of the state.
Federal Criminal Justice: This body manages the federal parts of India and the matters of one or more states.
So, we get to know that there are two judiciary ways to process a criminal trial. The jurisdiction of the area also plays a pivotal role in criminal justice in India.
Important Components About Our Criminal Justice System
The important components are essential to delivering justice and maintaining the law of the land. Understanding our criminal justice system notes the presence of different bodies that assist in carrying out the entire process.
Law Enforcement: The crime report in the area is prepared by law enforcement officials. They are also in charge of setting up the investigation and safeguarding the criminal evidence. These officials are important components of the criminal justice system.
Prosecution: The prosecution lawyer aims to defend the state or federal government by being a representative of the victim. They review all pieces of evidence that are collected by the law enforcement body. Now, it’s up to them to press all the charges or drop the case.
Defense Attorney: Defense attorneys are lawyers whose duty is to represent the defendant in the court against the state. The defendant usually hires lawyers for trial courts. The criminal justice system provides adequate rights to both the accused and the victim party.
Courts: The highest body of justice in the courts is the judge. They are responsible for making decisions and passing judgements in court. They get the right to decide whether to release the offenders before the trail, reject or accept plea agreements, oversee trials, and sentence convicted offenders.
Correction Officer: The correction officers are in charge of ensuring the security and safety of the facilities where the offenders are kept. They look after the day to day custody of inmates. They also administer the release process of the offenders and give notifications regarding the status of the offender to the victim party.
What are the Criminal Justice System Objectives?
The primary objective of the criminal justice system is to make the entire process fair and transparent to both the victim and accused. It starts with the entry of the case that is followed by the prosecution and pretrial. After this, the trial process initiates which is also known as adjudication. Later on, a post-trial is also carried. These are the procedures followed by the criminal justice system.
The objectives are the criminal justice system:
To maintain harmony through a proper law and order system.
To punish the criminals.
To stop the offender from engaging in any crime in future.
To prevent the occurrence of crime in society.
Did You Know
The investigation of crime begins with the registration of the First Information Report or FIR. This information is brought by the victim and police either records it orally or in writings.
FAQs on About Our Criminal Justice System
1. For an exam, what are the most important topics in the chapter 'About Our Criminal Justice System'?
For your exams, you should focus on these key areas:
- The specific roles of the four main players: the Police, the Public Prosecutor, the Defence Lawyer, and the Judge.
- The definition and essential elements of a fair trial.
- The process of a criminal case, starting from the filing of an FIR.
- The importance of Article 22 of the Constitution in protecting the rights of an arrested person.
2. How would you explain the roles of the four key players in the criminal justice system for a 5-mark question?
To answer a 5-mark question on the key players in the criminal justice system, you should explain the function of each:
- Police: Their role is to investigate crimes and arrest suspects. They record witness statements and gather evidence. Once the investigation is complete, they file a charge sheet in court.
- Public Prosecutor: This lawyer represents the interests of the State. Their job is to present the facts, evidence, and witnesses to the court to prove the guilt of the accused beyond a reasonable doubt.
- Defence Lawyer: This lawyer represents the accused person. Their duty is to defend the accused by cross-examining witnesses and presenting evidence to prove their client's innocence.
- Judge: The judge acts as a neutral umpire. They listen to all the evidence and arguments, ensure the trial is conducted fairly, and then decide whether the accused is guilty or innocent based on the law.
3. What is a 'fair trial' and what features ensure it?
A fair trial is a legal proceeding that is conducted in a just, open, and impartial manner, protecting the fundamental rights of the accused. Key features that ensure a fair trial in India include:
- The trial is held in an open court, in public view.
- The accused is present during the trial.
- The accused has the right to be defended by a lawyer.
- The prosecution must prove guilt beyond a reasonable doubt.
- The judge makes a decision based only on the evidence presented in court.
4. What is the significance of an FIR in the criminal justice process?
An FIR, or First Information Report, is a crucial document because it officially starts the criminal investigation process. When the police receive information about a cognizable offence, they register an FIR. This makes it a formal record of the crime and legally obligates the police to begin their investigation. Without an FIR, the process of justice cannot formally begin.
5. How is the role of a Public Prosecutor different from that of a Defence Lawyer?
The roles are opposite but equally important for a fair trial. The Public Prosecutor represents the State (the victim's side) and works to prove that the accused person committed the crime. In contrast, the Defence Lawyer represents the accused person and works to protect their rights and prove their innocence. This system ensures both sides of the story are heard properly by the judge.
6. Why is it important for the police to follow specific procedures, like those in Article 22, when arresting someone?
Following strict procedures is not just a formality; it is essential to protect the Fundamental Rights of every citizen. Article 22 of the Constitution guarantees rights to an arrested person, such as the right to be informed of the reason for arrest and the right to be presented before a magistrate within 24 hours. This prevents the police from misusing their power and ensures that even a person accused of a crime is treated with dignity and fairness under the law.
7. Why is a judge considered an 'impartial umpire' in a trial? What could happen if a judge was biased?
A judge is called an 'impartial umpire' because they must not take sides. Their role is to conduct the trial fairly, listen to both the prosecution and the defence, and make a final decision based only on the evidence and the law. If a judge were biased, the entire principle of a fair trial would collapse. It would lead to an unjust decision, where an innocent person might be punished or a guilty person might go free, undermining public faith in the justice system.
