Chapter 6 UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM

What Is The Role Of The Police In Investigating A Crime?

The police play a crucial role in the criminal justice system by investigating alleged crimes. This involves recording witness statements, gathering evidence, and forming an opinion based on the investigation. If sufficient evidence points to guilt, the police file a chargesheet in court. However, it is important to note that the police do not determine guilt; that is the role of the judiciary. Investigations must adhere to legal procedures and respect human rights, with strict guidelines (D.K. Basu Guidelines) in place for arrest, detention, and interrogation, prohibiting torture or ill-treatment.

What Is The Role Of The Public Prosecutor?

A criminal offense is considered a public wrong, affecting society as a whole. The Public Prosecutor represents the State's interests in court, taking over the case after the police have completed their investigation and filed a chargesheet. The prosecutor's duty is to act impartially, presenting all relevant facts, witnesses, and evidence to the court to help the judge reach a fair decision. They do not participate in the investigation but must conduct the prosecution fairly and effectively.

What Is The Role Of The Judge?

The judge acts as an impartial umpire in the trial, conducting proceedings in an open court. They listen to all witnesses and examine evidence presented by both the prosecution and the defense. Based on the presented evidence and the law, the judge determines the guilt or innocence of the accused and pronounces the sentence, which could include imprisonment, a fine, or both.

What Is A Fair Trial?

A fair trial ensures that justice is administered impartially and according to reasonable and just legal procedures, as guaranteed by Article 21 of the Constitution (Right to Life). Key elements of a fair trial include:

• The accused being informed of the offense at the time of arrest.
• The accused being presented before a magistrate within 24 hours of arrest.
• The accused being treated respectfully, without torture or ill-treatment.
• The trial being held in an open court, with public access.
• The accused being provided with a defense lawyer, even at the state's expense if they cannot afford one.
• The prosecution having the burden of proof to establish guilt beyond a reasonable doubt.
• The defense lawyer being given an opportunity to cross-examine prosecution witnesses and present defense witnesses.
• The judge remaining impartial and basing the verdict solely on the evidence presented.

In Shanti's case, the judge's decision was based on the evidence presented, leading to her acquittal because the prosecution failed to prove her guilt beyond a reasonable doubt.

Exercises

The exercises in this chapter aim to reinforce the understanding of the criminal justice system's components and processes. Students are asked to analyze Shanti's case to identify how various procedures contribute to a fair trial and what might happen if these are not followed. They are also prompted to consider the factors influencing police decisions to register or not register an FIR and to reflect on the roles of the police, public prosecutor, defense lawyer, and judge. A group activity allows students to simulate these roles to understand the importance of distinct functions within the system for ensuring justice.