It is important to note that criminal justice is delivered by the court of law and not the police. Once the police arrest an accused person, it is the court of law which decides whether the person is guilty or not. This article will give a clear picture of the criminal justice system.
Criminal Justice – Interesting Facts
Every individual charged with a crime has to be given a fair trial as per the Constitution of India. If such a system does not exist, then anyone can throw any kind of allegations of crime against someone and it would lead to a chain of injustices in the society. Hence, it is important to have a fair trial.
- As per Article 22 of the Constitution of India, every person will have the right to defend himself or herself through a lawyer.
- As per Article 39A of the Constitution of India, it is the duty of the state to provide a lawyer to any person who is unable to get the services of a lawyer due to poverty or any other disabilities.
Criminal Justice System – 4 Important Players
The 4 important players in the criminal justice system are given below:
- Defence lawyer
- Public prosecutor
Criminal Justice – Role of Police
- It is the duty of the police to investigate a crime.
- The police can investigate after registering an FIR.
- The investigation done by the police includes collection of different kinds of evidence, and recording statements given by the witnesses.
- Based on the investigation, if the police think that the accused is guilty of the crime, then the police will have to file a charge sheet in the court.
- It must be noted that it is not the police who decide whether a person is guilty or not.
- At the time of arrest, detention, and investigation; the police will have to follow the guidelines given by the Supreme Court.
Criminal Justice – Role of Public Prosecutor
- The interests of the state are represented in the court by the public prosecutor.
- After the completion of the investigation and filing of the charge sheet in the court, the role of the public prosecutor comes into the picture.
- The prosecution will be conducted on behalf of the state by the public prosecutor.
- The public prosecutor will have to present facts, witnesses, and evidence before the court.
- A criminal offence is considered a public wrong. It is considered a crime against the whole society.
Criminal Justice – Role of Judge
- The judge will hear all the witnesses, and all the evidence presented by the defence lawyer and prosecution lawyer.
- The judge will conduct the trial in an open court and impartially.
- In accordance with the evidence presented and in accordance with the law, the judge will decide whether the accused person is innocent or guilty, and pronounce the sentence.
- If the person is innocent, the accused will be acquitted; and if the person is guilty, the accused will be convicted and sent to jail. The quantum of sentences will be given as per the law.
Criminal Justice – Role of Defence Lawyer
- The role of the defence lawyer would be to prove that his client, the accused, is innocent.
- All the prosecution witnesses can be cross-examined by the defence lawyer.
- The defence lawyer can present witnesses in defence of the accused.