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Role of Public Prosecutor and Judge in Criminal Justice System

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  • Last Updated : 02 Jun, 2022
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The term criminal justice is used in a variety of contexts, but it is most commonly used to refer to the series of events, activities, tasks, or functions that make up the official response to perceived law and order problems, such as crime prevention, court hearings, and the enforcement of court orders.

As a result, it is the government’s or state’s system of legislation, policies, and organisations, all of which are aimed at maintaining social control, deterring and controlling crime, and penalising those who break the law. The following are the main objectives of the criminal justice system: 

  • Preventing crime from occurring.
  • Penalties for criminals.
  • Rehabilitative services for convicts.
  • As much compensation as feasible for the victims.
  • The upkeep of society’s law and order.
  • Preventing the perpetrators from conducting any further criminal acts.

The Courts’ Role

In the administration of justice, courts play a critical role. Before making a decision, courts verify the facts and arguments presented by both parties: appellants and respondents through their lawyers. If a party is dissatisfied with the District Court’s decision, it can appeal to the High Court, and then to the Supreme Court.

Role of Judge in the Criminal Justice system

A judge is someone who is appointed or chosen to preside over court proceedings. Judges must interpret the law’s meaning, relevance, and repercussions in a fair and objective manner. Judges must also realise that justice requires compassion and empathy for all parties involved, not just reading the law.  When a case is initially brought before the court, the judge must determine whether there is sufficient evidence to establish a reasonable conclusion that a crime happened and that the person accused of the crime did it. The judge must appoint an attorney for the defendant if he or she cannot afford one. The bail is also established by the judge. After retaining an attorney and determining the amount of bail, the defendant enters a guilty or not guilty plea. The judge must confirm that the plea was entered voluntarily.

The Judge’s Roles in the Indian Criminal Justice System are-

  • Like an umpire in a game, the judge ensures that the trial is done fairly and transparently. 
  • All witnesses and other evidence produced by the prosecution and defence are heard by the judge.
  • The judge decides whether the accused person is guilty or innocent based on the evidence given and the law. 
  • A penalty will be imposed by the judge if the accused is found guilty.
  • Depending on the legislation, he may sentence the accused to prison, fine them, or do both.

Public Prosecutor’s Role

Public prosecutors are state-appointed, gazetted officers that assist in the prosecution of criminals in order to maintain a crime-free society. The role of the Public Prosecutor in the prosecution of all those charged by the state is expected to be unbiased. He is required to present all evidence, whether in favour or against the accused, to the court.

In comparison to cognizable offences, non-cognizable offences are instances that are less serious in nature. Public annoyance, violence, mischief, and other non-cognizable offences are examples. Non-cognizable offences are not recorded by the police, and no one can be arrested for them. 

The body of law that defines criminal offences, governs the arrest, charging, and trial of suspects, and establishes the penalties and treatment options for convicted criminals is known as criminal law. It normally starts with the filing of a First Information Report (FIR) with the police officer who is investigating the crime, followed by the filing of a case in court. If found guilty, the accused may be sentenced to prison and fined. Murder, assault, dowry, and other offences are covered under this statute.

A criminal offence is considered a public infraction. This means that it is thought to have been perpetrated not only against the individuals but also against society as a whole. The Public Prosecutor represents the State’s interests in court. The prosecutor’s job begins when the police have finished their investigation and filed the charge sheet in court. He or she is not a party to the investigation. On behalf of the state, the prosecutor is in charge of carrying out the prosecution. A court official’s role is to behave impartially and provide all essential facts, witnesses, and evidence before the court in order for the court to make a decision.

Sample Questions

Question 1: When does a police investigation into a crime begin?

Answer:

Only when a FIR has been filed can the police begin their investigation into a crime. 

Question 2: What does the rule of law have to say about this?

Answer:

Everyone is equal before the law, according to the rule of law.The phrases would be meaningless if the Constitution did not guarantee every person a fair trial.

Question 3: What exactly is FIR?

Answer:

First Information Report is abbreviated as FIR.Only when a FIR has been filed can the police begin their investigation into a crime. According to the legislation, an official in charge of a police station is required to file a FIR anytime a person provides information regarding a cognizable offence.This information could be delivered to the cops verbally or in writing. 

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