Criminal Justice System in India

The Criminal Justice System in India encompasses all legal processes and agencies that deal with criminal proceedings and punishment, with an aim to maintain the rule of law. Its key features are:

• All the legal processes must be adhered to uphold the “Rule of Law” and ensure a fair trial
• The Police, the public prosecutor, and the Judge are the three main players in the criminal justice system

Role of Police

• To look into any allegation of a crime being committed. During an investigation, witness testimonies are taken down, and various sorts of evidence are gathered
• Filing of a charge sheet in the court highlighting the evidence of the crime
• First Information Report (FIR): The police can begin their investigation into a crime only when an FIR has been filed
• According to the law, an official in charge of a police station is required to file an FIR anytime a person provides information regarding a cognizable offence. This information might be delivered verbally or in writing to the police officer

Supreme Court Guidelines for the Police

Investigations by the police must always be conducted in conformity with the law and with complete regard for human rights. The Supreme Court has established criteria for police officers to observe during arrests, detentions, and interrogations, including:

• During an inquiry, police officers are not authorized to torture, beat, or shoot somebody
• They are not allowed to impose any type of punishment on a person, even for minor infractions

Furthermore, The Supreme Court of India has established certain regulations and processes for the arrest, detention, and interrogation of any person by the police and other agencies. The D.K. Basu Guidelines, which include the following items, are known as the D.K. Basu Guidelines.

• The officers who get 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 of arrest should be written up that 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
• At the point 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 offense is considered a public offense. It is thought to have been committed not only against the victims but also against society. In court, the state’s interests are represented by the public prosecutor

• After the police have completed their investigation and filed the charge sheet in court, the prosecutor’s task begins. He or she has no involvement in the investigation
• The prosecutor is in charge of prosecuting cases on behalf of the state
• It is the duty of a court official to act impartially and present the court with all necessary facts, witnesses, and evidence in order for the court to make a decision

Role of the Judge

• The judge goes about as an umpire in a game, leading the preliminary in a reasonable and straightforward way
• All observers and other proof given by the arrangement and safeguard are heard by the judge
• Based on the evidence presented and the law, the judge determines whether the accused individual is guilty or innocent
• The judge will impose a penalty if the accused is proven guilty. Depending on the legislation, he or she may sentence the person to prison, impose a fine, or both

Fair Trial

• The Right to Life is guaranteed by Article 21 of the Constitution, which stipulates that a person’s life or liberty can only be taken away through a fair and lawful process. Article 21 of the Constitution is upheld 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 of the crime for which the individual is being arrested at the time of the arrest
• The right to appear in front of a magistrate within 24 hours of being arrested
• The right not to be mistreated 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 the age of 15 cannot be summoned to the police station just for questioning
• Every person has the fundamental right to be represented by a lawyer under the law

The rule of law, which states that everyone is equal before the law, would be meaningless if the Constitution did not guarantee every person a fair trial

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.

Role of Police: The role of Police starts in any investigation only after the FIR has been filed. Any person (victim) can register an FIR anytime at the Police station, either verbally or in writing to the Police officer. At the time of inquiry, a police officer can not torture, beat or give any kind of punishment to the accused.

Role of Public Prosecutor: The role of the Public Prosecutor starts when the charge sheet is filed in court. The prosecutor fights the case on behalf of the state.

Role of the Judge: 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 fine or sentence to prison.