Question

Raju stole a gold necklace from his neighbour. After being caught, the villagers took him to the police, demanding to put him behind bars. Describe the steps the police should take in the case of a crime like this. Does our constitution guarantee Raju any rights if he gets arrested?​

Answer 1

Instructions:

• There should be at least 5 points here.
• Talk about the role of police in the criminal justice system.
• Discuss the rights of the citizen including article 22 and Indian criminal law.

Solution:

• Role of the police:
  • As per India’s criminal justice system, the police investigate the case based on the First Information Report (FIR) filed by the victim.
  • The police are required to form an opinion based on their investigation, which includes recording witness statements and gathering evidence.
  • The police are not entitled to declare whether the accused is guilty or not. It is for the judge to decide.
  • If the police suspect that the accused is guilty, they file a charge sheet in the Magistrate's Court, and the trial begins.
  • A public prosecutor represents the government, and the accused can use their own lawyers to defend themselves.
  • Once the trial is over, the accused is either convicted or acquitted. If convicted, the accused can appeal to the higher courts.
• Article 22 of the Indian Constitution:
  • Article 22 guarantees Raju the following rights while under arrest:
    • The right to be informed at the time of arrest of the offence for which he was arrested
    • The right to be presented before a magistrate within 24 hours of the arrest
    • The right to be represented by a lawyer
• Indian criminal laws will also ensure the following:
  • The right to not be ill-treated or tortured during detention or while in custody.
  • A confession obtained under police custody cannot be used as evidence against the accused.