Learning Objectives
- Understand the role of the police, public prosecutor, defence lawyer, and judge
- Learn about the FIR process and investigation procedures
- Understand the principle that every person is innocent until proven guilty
- Study the importance of a fair trial and Article 21 and 22
Key Concepts
Role of the Police
The police play a key role in investigating crimes. When an offence is reported, the police file a First Information Report (FIR). The FIR must be recorded by the Station House Officer (SHO) and is a public document — anyone can access it. The police then investigate the case by collecting evidence, recording statements, and arresting suspects if necessary.
The police must follow certain guidelines: they cannot use torture, third-degree methods, or threats to extract confessions. Any confession made to the police cannot be used as evidence in court. The police report their findings to the magistrate.
Role of the Public Prosecutor
The Public Prosecutor represents the state (the victim's side) in court. It is their duty to present the evidence against the accused fairly and without bias. The Public Prosecutor is appointed by the government and must conduct the prosecution independently and impartially.
Role of the Defence Lawyer
Every accused person has the right to be defended by a lawyer. If the accused cannot afford a lawyer, the state must provide one free of cost (Article 22). The defence lawyer cross-examines witnesses, challenges the prosecution's evidence, and presents the accused's side in court.
Role of the Judge
The judge conducts the trial impartially. They listen to both the prosecution and the defence, examine the evidence, and deliver the judgment. The judge must ensure that the trial is fair and that the rights of the accused are protected. The judge decides whether the accused is guilty or innocent based on evidence presented in court.
Fair Trial and Constitutional Rights
Article 21: No person shall be deprived of life or personal liberty except according to the procedure established by law.
Article 22: Every arrested person has the right to be informed of the grounds of arrest, the right to consult and be defended by a lawyer of their choice, and the right to be produced before a magistrate within 24 hours of arrest.
The Indian criminal justice system is based on the principle that every person is innocent until proven guilty. The burden of proof lies on the prosecution. The accused does not have to prove their innocence — the prosecution must prove their guilt beyond reasonable doubt.
Summary
The criminal justice system in India involves four key players: the police (investigate), the public prosecutor (prosecute on behalf of the state), the defence lawyer (defend the accused), and the judge (deliver judgment). The system is based on the principles of fair trial and the presumption of innocence. Constitutional safeguards under Articles 21 and 22 protect the rights of arrested persons.
Important Terms
- FIR (First Information Report)
- Written document prepared by police when they receive information about an offence
- Cognizable Offence
- An offence for which police can arrest without a warrant
- Public Prosecutor
- Lawyer who represents the state and conducts prosecution in court
- Defence Lawyer
- Lawyer who represents and defends the accused in court
- Fair Trial
- A trial where both sides are heard, evidence is examined, and the accused's rights are protected
- Acquittal
- When the accused is found not guilty and set free
- Conviction
- When the accused is found guilty of the offence
Quick Revision
- FIR is compulsory — police must register it when informed of an offence
- Confession to police is not valid evidence in court
- Accused must be produced before a magistrate within 24 hours of arrest
- Every person is innocent until proven guilty
- Burden of proof lies on the prosecution, not the accused
- Free legal aid is a constitutional right if the accused cannot afford a lawyer
Practice Tips
- Know the roles of all four key players in the criminal justice system
- Remember Article 21 and Article 22 with their key provisions
- Understand why confessions to police are not admissible as evidence