UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM

 

CLASS- VIII    SPL-III

06.    UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM

·       There are four key players in the criminal justice system.

·       They are- the police, the Public Prosecutor, the defence lawyer and the judge.

What is the Role of the Police in Investigating a Crime?

·       An 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.

·       Remember, it is not the jobof the police to decide whether a person is guilty or innocent, that is for the judge to decide.

Rule of law, which means that everyone is subject to the law of the land. This includes the police. Therefore, police investigations always have to be conducted in accordance with 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 investigation. They cannot inflict any form of punishment on a person even for petty offences.

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 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 of India has laid down specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and some of 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 counter-signed by the person arrested.

·       The person arrested, detained or being interrogated has a right to inform a relative, friend or 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 (FIR):

·       It is with the registration of an FIR that the police can begin their investigations into a crime.

·       The law states that 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.

·       There is a prescribed form in which the police registers an FIR and it is signed by the complainant. The complainant also has a legal right to get a free copy of the FIR from the police.

What is the Role of the Public Prosecutor?

·       A criminal offence is regarded as a public wrong. What is meant by this is that it is considered to have been committed not only against the affected victims but against society as a whole.

·       In court, it is the Public Prosecutor who represents the interests of the State.

·       The role of the Prosecutor begins once the police has conducted the investigation and filed the chargesheet in the court. He/she 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 his/ her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.

What is the Role of the Judge?

·       The judge is like an umpire in a game and conducts the trial impartially and in an open court.

·       The judge hears all the witnesses and any other evidence presented by the prosecution and the defence.

·       The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law.

·       If the accused is convicted, then the judge pronounces the sentence. He may send the person to jail or impose a fine or both, depending on what the law prescribes.

What is a 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 areasonable and just legal procedure. A fair trial ensures that Article 21 of the Constitution is upheld.

Theessential elements of a fair trial:        in the case of shanti-

·       Firstly, Shanti was given a copy of the chargesheet and all other evidence that the prosecution presented against her. Shanti was charged with the offence of theft that was defined as a crime in the law.

·       The trial was held in an open court, in public view. Her brother, Sushil could attend the court hearings.

·       The trial was held in the presence of the accused.

·       Shanti was defended by a lawyer.

·       Shanti’s lawyer, Advocate Roy was given an opportunity to cross-examine all the prosecution witness.

·       Advocate Roy was given an opportunity to present witnesses in Shanti’s defence.

Ø  It is significant that the judge decided the matter only on the basis of the evidencebefore the court.

Ø  Instead, the judge remained impartial and since the evidence showed that some young men and not Shanti was the thief, he set Shanti free. In Shanti’s case, justice was finally done to her because she was given a fair trial.

 

 

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