• There are four people who play a key role in our criminal justice system. They are Police, Public Prosecutor, the Defence Lawyer and the Judge.
• What is the Role of Police in Investing a Crime:
(i) The important function of the police is to investigate any complaint about the
combination of a crime.
(ii) An investigation includes recording statements of witness and collecting different
kinds of evidence.
(iii) If the police think that the evidence points to the guilt of the accused person, then they file a chargesheet in the court.
(iv) The police investigations always have to be conducted in accordance with law and full respect for human rights.
(v) Article 22 of the Constitution and criminal law guarantee to every arrested person the following Fundamental Rights.
(vi) The Right to be informed at the time of arrest of the offence for which the person is being arrested.
(vii) The Right not to be ill treated or tortured during arrest or in custody.
(viii) Conffessions made in police custody cannot be used as evidence against the accused.
(ix) 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:
(i) In court, Public Prosecutor represents the interests of the State.
(ii) The role of the Public Prosecutor begins once the police has conducted the
investigation and filed the chargesheet in the court.
(iii) The Public Prosecutor must conduct the prosecution on behalf of the State.
(iv) The Public Prosecutor is expected to act impartially and present the full and material facts, witnesses and evidence before the court.
• What is the Role of the Judge:
(i) The judge hears all the witnesses and any other evidence presented by the
prosecution and the defence.
(ii) The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law.
(iii) If the accused is convicted, the judge pronounces the sentence.
• What is a Fair Trial:
(i) According to 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.
(ii) A fair trial ensures that Article 21 of the Constitution is upheld.
(iii) Every citizen, irrespective of his class, caste, gender, religious and ideological
backgrounds should get a fair trial when accused.
(iv) The rule of law says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the constitution.
