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CLASS VIII POLITY: CRIMINAL JUSTICE SYSTEMM BY CHARU MODI
ABOUT ME B.A.LL.B.(Hons.) From National Law University Lucknow Pursuing LL.M. National and International moot court competition University Lackanowiom National Law winner Wrote mains Interest : dance, reading Rate, Review, Recommend, Share Follow me at: http://unacademy.In/user/charumodi In/user/channuodi
CRIMINAL JUSTICE SYSTEM criminal justice system are the police, the Public Prosecutor, the defence lawyer and the judge. ROLE OF POLICE Police is to investigate any complaint about the commission of a crime. Investigation includes recording statements of witnesses and collecting different kinds of evidence. On the basis of the investigation, if the police finds enough evidence that points to the guilt of the accused person, then they file a chargesheet in the court
.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 nvestigation. 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 Right to be infomed at the time of arrest of the offence for which the person is being arrested. The Right to be presented before a magistrate The Right not to be il treated or tortured during arrest or in custody. Confessions made in police custody cannot be used as evidence against the within 24 hours of arrest 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 nterrogation of any person 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 interogated has a right to inform a The person atrested, detained or being interrogated has a sight 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): Registration of an FIR leads to starting of investigations into a crime by police. FIR whenever a person gives information about a cognizable offence .The law states that it is compulsory for an officer in charge of a police station to register an . This information can be given to the police either oraly or in writing. The FIR usuall 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 fom 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.
ROLE OF THE PUBLIC PROSECUTOFR 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.
ROLE OF THE JUDGE 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.