Write a brief note on the criminal procedure in the Criminal Justice System in India.

Criminal Justice system is an institution which comprises of police, the Public Prosecutor, the defence lawyer and the judge who tries to conduct the investigation, legal proceedings and solve the case in any way possible. Following is the way the criminal procedure is conducted in the Criminal Justice System in India –

• The victim has to file a complaint and get a copy of the FIR from the police station.

• The police then start the investigation after the filing of an FIR and have to work in accordance with the law and Human Rights. He records the statements of witnesses and collects various evidences related to the case. If he considers that the accused is guilty of the crime then accordingly he has to file a charge sheet in the court. They are not allowed to torture, beat or shoot anyone during the investigation and cannot impose any form of punishment on the prisoner, not even for petty offences.

• If the accused is not able to afford the lawyer, the state provides with the lawyer. As a lawyer, it is his responsibility to collect all the evidence and witnesses in favour of his client who is accused of the crime regardless of his other acts or offences. The defence lawyer examines all the witness presented by the prosecution and tries to make a settlement or plea or negotiate in order to get the freedom of his client in any way possible.

• Lastly, after hearing all the witnesses, the judge makes an impartial decision in an open court. He decides whether the person is guilty or innocent and pronounces the form of punishment for the criminal.

Sometimes, in the criminal justice system, the public prosecutor also plays an important role. He is an officer who completes the further process on behalf of the state after the investigation is done by the police. It is the duty of the prosecutor to provide full and material facts, witnesses and evidence in the court and act impartially so that the court would be able to solve the case. He conducts the legal process and represents the interests of the state.