Understanding Our Criminal Justice System Summary Class 8 NCERT Summary Chapter 6

Key Players of Our Criminal Justice System

The four key players in the criminal justice system are:

• the police,
• the Public Prosecutor
• the defence lawyer
• the judge

What is the Role of the Police in Investigating a Crime?

• The main function of police is to investigate any complaint about the commission of a crime.
  • An investigation includes recording statements of witnesses and collecting different kinds of evidence.
• On the basis of the investigation, the police are required to form an opinion.
  • Police file a charge sheet in the court if they think accused person is guilty.
• The police can't decide whether a person is guilty or innocent, that is for the judge to decide.
• The police investigations always have to be conducted in accordance with law and with full respect for human rights.
• Every arrested person has following Fundamental Rights as per Article 22 of the Constitution and criminal law
  • The Right to be informed at the time of arrest of the offence for which the person is being arrested.
  • The Right to be presented before a magistrate within 24 hours of arrest.
  • The Right not to be ill treated or tortured during arrest or in custody.
  • Confessions made in police custody cannot be used as evidence against the accused.
  • A boy under 15 years of age and women cannot be called to the police station only for questioning.

What is the Role of the Public Prosecutor?

• 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.

What is the Role of the Judge?

• 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.
• He may send the person to jail or impose a fine or both, depending on what the law prescribes.

What is a Fair Trial?

• 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.

Essential elements of a fair trial:

• The trial should be held in an open court, in public view.
• The trial should be held in the presence of the accused.
• The accused must be defended by a lawyer.
• Defence lawyer must have opportunity to cross-examine all the prosecution witnesses. Also, have an opportunity to present witnesses in accused's defence.
• It was the responsibility of the prosecution to prove beyond reasonable doubt that accused was guilty.
• The judge should decide the matter only on the basis of the evidence before the court. He/She must remain impartial.