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About Our Criminal Justice System

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The Criminal Justice System in India

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The criminal justice system in India is a system having a court for criminals to fight for their trails. The system ensures a fair trial for the culprits maintaining the law and order in the country. It all starts with the victim reporting the crime to the police and the police filing an FIR or first information report. Then police begin the investigation process and based on it, arrest the suspected criminal. The police then proceed to file a charge sheet in the Magistrate’s Court. The trial process starts at the court. Both the victim and accused get a fair chance to represent themselves in court. The Public Prosecutor represents the victim, while the accused can also take assistance from a lawyer to defend themselves. After the trial session gets over, the accused is either convicted or acquitted. If convicted, the accused can also appeal to a higher court for criminal justice. 


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Concept of Criminal Justice System

The concept of the criminal justice system in India was established to maintain law and order. India being a democratic nation, also provides an equal right to justice to the accused person. There are different systems through which criminal justice proceeds within the country. These are mentioned below:

  • State Criminal Justice: This body administers a specific state and crime committed within the jurisdiction of the state. 

  • Federal Criminal Justice: This body manages the federal parts of India and the matters of one or more states. 

So, we get to know that there are two judiciary ways to process a criminal trial. The jurisdiction of the area also plays a pivotal role in criminal justice in India. 


Important Components About Our Criminal Justice System

The important components are essential to delivering justice and maintaining the law of the land. Understanding our criminal justice system notes the presence of different bodies that assist in carrying out the entire process.

  • Law Enforcement: The crime report in the area is prepared by law enforcement officials. They are also in charge of setting up the investigation and safeguarding the criminal evidence. These officials are important components of the criminal justice system. 

  • Prosecution: The prosecution lawyer aims to defend the state or federal government by being a representative of the victim. They review all pieces of evidence that are collected by the law enforcement body. Now, it’s up to them to press all the charges or drop the case. 

  • Defense Attorney: Defense attorneys are lawyers whose duty is to represent the defendant in the court against the state. The defendant usually hires lawyers for trial courts. The criminal justice system provides adequate rights to both the accused and the victim party. 

  • Courts: The highest body of justice in the courts is the judge. They are responsible for making decisions and passing judgements in court. They get the right to decide whether to release the offenders before the trail, reject or accept plea agreements, oversee trials, and sentence convicted offenders. 

  • Correction Officer: The correction officers are in charge of ensuring the security and safety of the facilities where the offenders are kept. They look after the day to day custody of inmates. They also administer the release process of the offenders and give notifications regarding the status of the offender to the victim party. 

What are the Criminal Justice System Objectives?

The primary objective of the criminal justice system is to make the entire process fair and transparent to both the victim and accused. It starts with the entry of the case that is followed by the prosecution and pretrial. After this, the trial process initiates which is also known as adjudication. Later on, a post-trial is also carried. These are the procedures followed by the criminal justice system. 

The objectives are the criminal justice system:

  • To maintain harmony through a proper law and order system. 

  • To punish the criminals. 

  • To stop the offender from engaging in any crime in future. 

  • To prevent the occurrence of crime in society. 

Did You Know

The investigation of crime begins with the registration of the First Information Report or FIR. This information is brought by the victim and police either records it orally or in writings. 

FAQ (Frequently Asked Questions)

1. State the Importance of Different Professionals that Plays a Crucial Role in the Process of Criminal Justice India? 

Ans: Understanding our criminal justice system includes the role played by the different professionals to deliver justice to the victim without getting influenced by various prejudices. So, separation of power is needed because absolute power can lead to unfairness. 

Role

Functions

Police 

  • Records the statement of the witnesses.

  • Take photographs of the crime scene. 

  • Arrests the accused based on certain evidence.

  • Get a medical examination if required. 

Public Prosecutor

  • Cross-check the statements of the witnesses. 

  • Brings an argument in favour of the victim.

Defence Lawyer

  • Meet and get to know about the side of the accused person.

  • Cross examines the witnesses in court. 

Judge

  • Listens to the statement of witnesses.

  • Records all the evidence.

  • Decide the case on the basis of everything. 

  • Writes the judgement.

  • Decides the conviction or acquittal for the accused. 

  • Passes the judgement.

  • Conducts a fair trial. 

2. What is the Criminal Justice System With Reference to the Process of a Fair Trial?

Ans: The fair trial about our criminal justice system also provides a fair chance and right to justice for the accused person. A copy of all the charge sheets and other evidence collected by the police has to be given to the accused. The trial needs to be held in public in an open court and the matter should be discussed in the presence of the accused. 

Moreover, to make the trial process fair and impartial, the accused has to be given a lawyer. In case, the accused cannot afford any lawyer, s/he will be provided with a defence attorney to represent himself in the court. This is to defend and assist the accused in the court trial procedure. The prosecution lawyer needs to prove the crime of the accused beyond doubt. Based on all the facts, statements, and evidence, the judge will then pass his judgement.