Chapter 6

Understanding Our Criminal Justice System

 The four players in a criminal justice system are as follows:

1. Police
2. Public prosecutor
3. Defence lawyer
4. Judge

 Role of the Police

 An important function of the police is to investigate any complaint about the
commission of a crime. Investigation includes
 Recording statements of witnesses and
 Collecting evidence
 If the police think that the evidence points to the guilt of the accused, then it can
file a charge sheet in the court.
 At the time of arrest, detention and interrogation, the police must follow the
guidelines laid down by the Supreme Court.

 Role of the Public Prosecutor

 The Public Prosecutor represents the interest of the State in the court.
 Prosecutor’s role begins after the police investigation and the filing of the charge
sheet in the court.
 It is the prosecutor’s duty to act impartially and present the full and material
facts, evidence and witnesses before the court in order to let the court decide the
case.

 Role of the Judge

 Conducts trial impartially in an open court.
 Hears all the witnesses and evidence presented by the defence and the
prosecution.
  Decides whether the accused is guilty or not on the basis of the evidence
provided in accordance with the law.
 If the accused is convicted, then the judge pronounces the sentence.

 Role of Defence Lawyer

 Equality is a cardinal principle in a democracy. The constitution of India gives the
Right to Equality before law in Part III.
 Our Judiciary stands for unbiased investigation into the matter and to ensure that
a poor can avail the provision of Defense Laywer offered by the judiciary.
 Inpartial investigations and proceeedings will seek out the truth without taking
into consideration the rich or poor and justice will prevail.

 Fair Trial
 Article 21 of the Constitution states that a person’s life or liberty can be taken
away only by following a reasonable and just legal procedure.
 A Fair Trial ensures that Article 21 of the Constitution is upheld.