Indian Criminal Justice System Issues

In India, the Criminal Justice System includes all legal processes and agencies that deal with criminal proceedings and punishment to maintain the rule of law. All the legal procedures must be followed to enforce the “Rule of Law” and ensure a fair trial. The Police, the public prosecutor, the Defence Lawyer, and the Judge are the four main players in the criminal justice system. The main goal of this System is to create options for the rehabilitation of criminals, prevent crime in the future, and provide support to those at the receiving end of these crimes. 

Some Basic Terms

• Defence Lawyer: The lawyer who defends or represents the person charged with a crime
• Evidence: Facts or Signs to prove one’s argument
• FIR: The First Information Report is the first account of the Police when a crime is committed and brought to attention
• Judge: The public official who decides on cases in the court
• Offence: Any act that is punishable by law or considered a crime
• Public Prosecutor: The lawyer who defends the interests of society
• Witness: A person who provides first-hand information about the offence

Role of Police

• To look into any allegation of a crime being committed
• During an investigation, witness reports or testimonies are taken down, and various evidence is gathered
• Filing a charge sheet in court, highlighting the evidence of the crime
• First Information Report (FIR): The Police can only begin their investigation into a crime when an FIR has been filed
• According to the law, an official in charge of a police station must file an FIR anytime a person provides information regarding a crime being committed. This information might be delivered verbally or in writing to the police officer
• Investigations by the Police must always be conducted in conformity with the law and with complete regard for human rights
• During an inquiry, police officers are not authorized to torture, beat, or shoot somebody
• They are not allowed to impose any punishment on a person, even for minor infractions

• Furthermore, The Supreme Court of India has established specific regulations and processes for the arrest, detention, and interrogation of any person by the Police and other agencies. These are known as the D.K. Basu Guidelines
• The officers who are ordered to make the arrest or interrogation must have name tags with their designations that are clear, accurate, and noticeable
• When the arrest is being made, a memo should be made which includes the time and date of the arrest. At least one witness needs to attest to it, which might be a family member of the individual detained. The individual arrested should sign the arrest memo
• A person who has been arrested, detained, or interrogated has the right to inform a family member, friend, or well-wisher
• When a companion or relative lives outside the local area, police should advise them of the time, spot of capture, and care area within 8 to 12 hours of the capture

Role of the Public Prosecutor

• A criminal offence is believed to have been committed not only against the victims but also against society
• In court, the state’s interests are represented by the prosecutor
• After the Police have completed their investigation and filed the charge sheet in court, the prosecutor’s task begins. They have no involvement in the investigation
• The prosecutor is in charge of prosecuting cases on behalf of the state
• A court official must act impartially and present the court with all necessary facts, witnesses, and evidence for the court to make a decision

Role of the Judge

• The Judge makes the final decision about a crime being committed
• All observers and other proof given by the Police, lawyers, and witnesses are heard by the Judge
• Based on the evidence and the laws of the country, the Judge decides whether the individual being accused is guilty or innocent
• The Judge will decide the consequences if the accused is proven guilty
• Depending on the legislation, they may sentence the person to prison, impose a fine, or both

Rights Under the Criminal Justice System of India

• The Rule of Law is a principle of the Indian Judicial System that states that each individual is equal before the law, and no one is above the law
• The rule of law would be meaningless if the Constitution did not guarantee every person a fair trial
• The Right to Life is reinforced by Article 21 of the Constitution, which says that an individual’s life or liberty can only be taken away through a fair and lawful process. Article 21 of the Constitution is enforced with a fair trial
• Furthermore, every arrested individual is guaranteed the following Fundamental Rights under Article 22 of the Constitution and criminal legislation
• The right to be notified at the time of the arrest of the crime for which the person is being arrested
• The right to appear in front of a magistrate within 24 hours of the arrested
• The right not to be beaten or tortured when being arrested or detained
• Confessions made while arrested by the Police are not admissible as evidence against the accused
• Women and minors under 15 years of age cannot be called to the police station just for questioning
• Every individual has the fundamental right to be represented by a lawyer under the law

Conclusion

The criminal justice system in India ensures the rule of law. The main components of this System include the Police, the public prosecutor and the Judge. The role of the Police starts in any investigation only after the FIR has been filed. After this, the prosecutor fights the case on behalf of the state. All the facts, evidence and witnesses are produced in the court, which helps the Judge to take the decision without being impartial. Based on all these, the Judge decides whether the accused is guilty or not and imposes a fine or sentence to prison.