SLP (VIII)-LESSON-6 UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM (LESSON NOTES)

 

SLP (VIII)-LESSON-6

UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM 

(LESSON NOTES)

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v INTRODUCTION

Ø You know that Rule of law is an important part of Indian constitution. To know about the rule of law we should know about our criminal justice system. According to the Constitution, every individual charged of a crime has to be given a fair trial. There are four key players in the criminal justice system:

§  The Police,

§  The Public Prosecutor

§  The Defence Lawyer

§  The Judge.

 

v ROLE OF POLICE IN CRIMINAL JUSTICE SYSTEM

Ø The first important work of police is to registered an FIR (First Information Report).

Ø After FIR police investigate a crime and collect all the evidences and recording the statement of witness.

Ø After the investigation police file the charge sheet in the court for the trial.

 

v Article 22 of the Constitution

Ø Article 22 provides followings Fundamental Rights to every arrested persons:-

§  To inform the cause of arrest.

§  To be presented before a magistrate within 24 hours of arrest.

§  The Right not to be ill-treated or tortured 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.

§  Some new rights also included under DK Basu guidelines as

§  The police officer should wear uniform and name tag while arresting the persons.

§  Arrest warrant must have to show in which the time and date of arrest.

§  The arrest memo should be counter-signed by the person arrested or family member.

§  To inform relative, friend about the arrest.

 

v ROLE OF PUBLIC PROSECUTOR IN CRIMINAL JUSTICE SYSTEM

Ø Public Prosecutor is a person that has been appointed by the government to represent cases on behalf of the State in trials.

Ø The role of the Public Prosecutor begins when the police have filed the charge sheet in the court.

Ø The main role of the public prosecutor is to serve the ends of justice by presenting the full and material facts, witnesses and evidence before the court.

v ROLE OF DEFENCE LAWYER IN CRIMINAL JUSTICE SYSTEM

Ø An advocate of the accused person is called as defence lawyer.

Ø He is responsible for protecting their client's interests by presenting evidence, witness and other documents in favor of his Clint.

v ROLE OF JUDGE IN CRIMINAL JUSTICE SYSTEM

Ø The Judge is like an Umpire of a game in criminal justice system.

Ø He conducts the trial impartially in an open court.

Ø He hears all the witness and see the documents in the open court.

Ø On the basis of evidence judge announce the decision weather the accused person is guilty of innocent.

Ø If the accused person is guilty, he announces the sentences according to law.

v FAIR TRIAL

Ø Fair trial means, the procedure of the court conducted in such a way so that every accused person have fair chance to save himself and all rules follow and judge gave the decision impartially. It includes these: -

§  The charge sheet should be given to the accused person.

 

§  The trial to be held in an open court, in public view.

§  Accused persons should have the lawyer to defend his victim. If she is poor than Government must provide lawyer under article 39 A.

§  The Defence lawyer has the chance to cross-examine the witness.

§  Judge should take the decision only on the basis of the evidence.

v IMPORTANT TERMS-

Ø Witness: It refers to the person who is called upon in court to give a first-hand account of what he/she has seen, heard or knows.

Ø Detention: It refers to the situation when the police forcibly keeps someone in custody.

Ø Offence: Any act that is defined by the law as a crime.

Ø Investigation: It refers to an official examination of the facts about a crime.

Ø Memo: It refers to an official note.

Ø Cognizable: It refers to an offence for which the police may arrest a person without the court’s permission.

Ø Cross-examine: To question the witness carefully who has already been examined by the opposite side to determine the truth of his/her testimony.

Ø Evidence: It refers to the facts or signs that make you believe that something is true.