Chapter 9

The criminal justice system in any country deals with elements such as the police, a public prosecutor, a defense lawyer, and a judge. While the police investigate the cases, the judiciary plays an important role in deciding criminal cases.

Role of the Police

The chief function of the police is to investigate crime-related cases. Some initial procedures and duties of the police while dealing with criminal cases are

• The police have to record an FIR which is lodged by the victim in the police station.
• The police then begin the investigation of the crime. During investigations, the police record statements of witnesses and collect various evidences. On the basis of the collected evidences, the police form an opinion.
• The police then file a charge sheet in the court against the accused.
• The judiciary then decides the case based on the statements of the witnesses and evidences collected by the police.
• The police only investigate the case. They do not decide whether an accused person is guilty or not. They are also not allowed to torture or shoot any person during the investigations.

As the police perform the important role in investigating the cases, it was realised by the framers of our Constitution that the police may act in an autocratic manner while dealing with the accused. Hence, Article 22 of our Constitution guarantees the following fundamental rights to the arrested person:

• Every citizen has the right to be informed at the time of arrest for an offence for which the person is being arrested.
• The arrested person has the right to be presented before the magistrate within 24 hours of arrest.
• The arrested person has the right not to be ill treated or tortured while in custody.
• Any confessions made in custody cannot be used as evidence against the accused.
• The police cannot call a boy under 15 years of age and women only for questioning them.

Apart from the above rights, the Supreme Court of India has laid down certain guidelines which should be followed by the police while dealing with the arrests, detention and interrogation of the accused person. These are

• While arresting or questioning the accused, the police officers should bear a proper and visible tag stating his name and designation.
• A memo of arrest should be shown and signed by at least one witness while arresting an accused.
• A person detained by the police for interrogations has the right to inform a relative or a friend.

Role of the Public Prosecutor

A criminal offence, regarded as a public wrong is committed not only against the affected victims but against society as a whole. It is the public prosecutor who represents the interests of the state. Their role begins after the police have conducted the investigation and filed the charge sheet in the court. They have no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is their duty to act impartially, thus enabling the court to decide the case.

• A public prosecutor represents the state in any criminal case. It is because a crime is considered a crime against the entire society.
• After the completion of the enquiry by the police, the public prosecutor begins the prosecution on behalf of the state.
• A public prosecutor has to act impartially while examining facts and witnesses. He/she then has to present his/her arguments based on the evidences before the court.
• The role of the Prosecutor begins once the police has conducted the investigation and filed the chargesheet in the court.
• The Prosecutor duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case

Role of the Judge

Like an umpire in a game, the Judge conducts the trial impartially in an open court. He/ She hears all the witnesses and all evidence presented by the prosecution and the defence. On the basis of the evidence presented and in accordance with the law, the judge decides whether the accused person is guilty or innocent. If the accused is convicted, then the judge pronounces the sentence and sends them to jail or imposes a fine or both, depending on what the law prescribes.

• The main role of the judge is to conduct a trial in an impartial manner.
• Before giving the verdict, the judge has to hear all witnesses and other arguments and evidences presented by the prosecution and the defense.
• It is the judge who then decides if the accused is guilty or not.
• If an accused is proved guilty, the judge gives punishment to the guilty in accordance with the law.
• 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.

What is a Fair Trial

The right to fair trial is one of the foundation stones of any democracy. Further, every person has a right to life according to which the life and liberty of a person could be taken away only by following just and legal procedures which are in accordance with the laws.

Some elements which ensure fair trial of an accused in the court are

• All civil cases and criminal cases should be held in an open court.
• The accused should be provided with a lawyer by the state if he/she is unable to engage a private lawyer.
• The lawyer or an advocate of the accused should be given opportunities to cross-examine all the prosecution witnesses and to present their own witnesses.
• The judge has to decide matters on the basis of evidence which are presented before him in the court.
• Features of Fair Trial: held in an open court, in public view-in the presence of the accused-accused was defended by a lawyer-defense lawyer is given an opportunity to cross-examine all the prosecution witnesses and to present witnesses in accused’s defense-judge has to assume that the accused is innocent- prosecution has to prove beyond reasonable doubt that the accused is guilty- judge decides the matter only on the basis of the evidence- judge remains impartial and on proved innocent, the accused is allowed to go free.
• Article 21 of the Constitution that guarantees the Right to Life states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure.

Important Elements of a Fair Trial Are: 

• The trial is made in the presence of the culprit.
• An attorney should defend the culprit. 
• The trial should be held in a court in front of the public. 
• The prosecution’s responsibility is to prove the doubts of the accused being guilty.
• The defense lawyer should cross-examine all the witnesses provided by the prosecution. 
• The defense lawyer should get an opportunity to present the witness in front of the accuser’s defense.
• The judge needs to decide the matter based on evidence provided in the court, and he or she should not do any kind of partiality.