Funtionaries & Stakeholders in the Criminal Justice Administration

Criminal Justice Administration - Functionaries:

1. The Police:

 The police force is an important instrument for the prevention, detection and investigation of crime.

 Established by every State Government under the Police Act, 1861 or under an enactment replacing the Act of 1861.

Powers of Police under CrPC: (i) Power to make arrest, search and seizure (ii) investigation (iii) prevention of crime etc.

2. The Prosecutors

 As a general rule, State takes upon itself the responsibility of prosecuting the accused person/s.

 The Government (both State and Central) have powers to appoint prosecutors for conducting prosecutions on their behalf in
the High Courts, Sessions Court and Court of Magistrate

For details on the Office of Public Prosecutor - Read Section 24 of CrPC

For details on the Office of Assistant Public Prosecutor - Read Section 25 of CrPC
Some Important Points on Prosecutor/s:

 In every Trial before a Sessions Court - Prosecution shall be conducted by the Public Prosecutor [Section 225 of CrPC]

 No specific provision in the Code in respect of the conduct of of Prosecution in the Court of Magistrate. However, in practice
in respect of trial by the Court of Magistrate of case initiated on Police Report - Prosecution is conducted by the Assistant
Public Prosecutor [different states use different designations for this Office].

 In respect of trial by the Court of Magistrate of cases initiated on a private complaint - Prosecution is either conducted by
the Complainant himself or by his duly authorised counsel or State appointed prosecutor if the case involves public interest

You may also read Sections 301 and 302 of CrPC.

 Duty of Prosecutor in a criminal trial is not merely to secure conviction, but to place before the court evidences, whether
they may be in favour or against the accused and to leave it to the court to decide upon all such evidences whether th accused
is or is not guilty of the alleged offence.
3. The Defence Counsel
 Under Indian Criminal Justice System, the State uses its investigation agencies and prosecutors would prosecute the accused,
who, in turn, will employ an equally competent defence counsel to challenge the evidence of the Prosecution.

 Therefore both Constitution of India and CrPC confer on the accused person a right to consult and to be defended by a legal
practitioner of his choice. [See Article 22(1) of the Constitution and Section 303 of CrPC]

 But an indigent accused stands the risk of denial of fair trial when he does not have the equal access to the legal resources
available to the other side. The Code has attempted to provide a solution to this problem under Section 304 which reads thus:

Section 304(1): Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears
to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at
the expense of the State.

Section 304(3): Has empowered the State Government to extend the application of the above provision to any class of trials
before other courts in the State.

 Also Supreme Court has declared Right to Free Legal Aid to an accused person who is unable to engage a lawyer on account
of reasons such as poverty, indigence etc. as a Fundamental Right under Article 21 of the Constitution. [ See Khatri v. State
of Bihar, (1981) 1 SCC 627; Suk Das v. State of Arunachal Pradesh, (1988) 2 SCC 401]

 The provisions of Legal Services Authorities Act enable the judiciary to provide legal representation to indigent accused.
4. The Courts:
Following are the Courts in Criminal Justice System in India:
I. Supreme Court: CrPC makes provision of appeal to Supreme Court under certain circumstances (Ss. 374 & 379) and also enables
the Court to transfer cases and appeals in the interest of justice (Section 406).
II. High Court: CrPC gives various powers to High Court including those related to reference, revision, appeal, transfer of cases
and inherent power of High Court to prevent the abuse of the process of any court or to secure ends to justice.

III. Sessions Court - Courts of Sessions Judge, Additional & Assistant Sessions Judge (Relevant Provisions - Section 9 and 10 of
CrPC)
 The State is to establish a Sessions Court for every sessions division, which is presided over by Sessions Judge appointed by
the High Court.

 The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in the
Sessions Court.

IV. Courts of Chief Judicial Magistrate (CJM) & Additonal CJM (Relevant Provision - Section 12)
 High Court appoints a Judicial Magistrate of the First Class to be the Chief Judicial Magistrate (CJM) of the District.
Funtion of CJM: To guide, supervise and control other Judicial Magistrates. (See Section 15(2) of CrPC)

 High Court may also appoint any Judicial Magistrate of First Class to be an Additional CJM, and such a Magistrate shall have
all or any of the powers of a CJM as the High Court may direct.

 For any sub-division of a district, the High Court may appoint any Judicial Magistrate of First Class as the Sub-Divisional
Magistrate, having power to supervise and control the work of Judicial Magistrates in that sub-division.
 Every CJM shall be subordinate to the Sessions Judge; and every other Judicial Magistrates shall, subject to the general
control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. [See Section 15(1) of CrPC]

V. Courts of Judicial Magistrate (Relevant Provision - Sections 11 of CrPC)

 In every district (not being a Metropolitan Area), the State Government, may after consultation with the High Court,
establish as many Courts of Judicial Magistrate of the First Class and of the Second Class as it may consider necessary.

 The Presiding Officer of such Courts shall be appointed by the High Court.

VI. Courts of Chief Metropolitan Magistrate (CMM) & Additional CMM (Relevant Provisions - Sections 17 and 19 of CrPC)

 In every Metropolitan Area (For definition of Metropolitan Areas - See Section 8 of Crpc), the High Court shall appoint a
Metropolitan Magistrate as Chief Metropolitan Magistrate.

 High Court may also appoint Addidional CMM, and such Magistrates shall have generally all the powers of CMM.

 The CMM and every Additional CMM shall be subordinate to the Sessions Judge; and every other Metropolitan
Meagistrate shall subject to the general control of the Sessions Judge, be subordinate to the CMM. (See Section 19 of CrPC)
VII. Courts of Metropolitan Magistrates (Relevant Provision - Section 16)

 In every Metropolitan area, the State Government may, after consultation with the High Court, estblish Courts of
Metropolitan Magistrates, at such places and in such numbers as it thinks necessary.

 The presiding officer of Courts of Metropolitan Magistrates shall be appointed by High Court.

VIII. Special Judicial & Metropoltan Magistrate:

A. Special Judicial Magistrate - SJM (Section 13):
 The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held
any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial
Magistrate of the first class or of the second class, in respect to particular cases or to a particular classes of cases in any
local area not being a metropolitan area. Such Magistrate shall be called Special Judicial Magistrate.

 SJM shall be appointed for such term, not exceeding one year at a time.

B. Special Metropolitan Magistrate - SMM (Section 17):

 The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held
any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan
Magistrate, in respect to particular cases or to a particular classes of cases in any metropolitan area within its local
jurisdiction. Such Magistrate shall be called Special Metropolitan Magistrate.

 SMM shall be appointed for such term, not exceeding one year at a time.
IX Executive Magistrates (Section 20 of CrPC)

 In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be
Executive Magistrates and shall appoint one of them to be the District Magistrate.

 The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate
shall have such of the powers of a District Magistrate under this Code or under any other law for the time being in force as
may be directed by the State Government.

Special Executive Magistrates (Section 21 of CrPC)

 The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special
Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special
Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit

Subordination of Executive Magistrates (Section 23 of CrPC)

 All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate
and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be
subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.
5. Prison Authorities and Correctional Services Personnel:

 CrPC does not make specific provisions for the creation, wroking and control of Prison system and authorities needed for the
purpose of execution of the sentence passed by criminal courts.

 Creation, working and control of Prison system and authorities depends upon the laws like the Prisons Act, 1894, Prisoners Act,
1900 etc.

 Regarding the machinary needed for correctional services, CrPC entirely depends upon laws like the Probation of Offenders
Act, 1958 etc.
Stakeholders in the Criminal Justice Administration
1. State :
 The State discharges the obligation to protect life, liberty and property of the citizens by taking suitable preventive and
punitive measures which also serve the object of preventing private retribution so essential for maintenance of peace and
law and order in the society. Main functions of State are to protect the life and liberty of its subjects and to punish culprits.
State has also responsibilities to protect sovereignty and integrity of nation. Commission of crime is treated crime against
State. State establishes a machinery to administer criminal justice according to law made by State.

2. Victim:
 In the initial stage whole concentration of criminal law justice system was on accused. Later on new concept i.e. right/s of
victim was gradually recognized. In 2009 several amendments were made to give some rights and relieves in favour of victim.
 For example: Section 2(wa) (definition of victim) section 357A (Victim Compensation Scheme), Section 357 C (Treatment of
victims of sexual offences), Section 372, Provided (Right of victim to appeal in certain cases). Under section 357A District
Legal Services Authority or State Legal Services Authority is authorised to decide quantum of compensation.

3. Accused:
 The well recognised fundamental principles of criminal jurisprudence are ‘presumption of innocence and right to silence of the
accused’, ‘burden of proof on the Prosecution’ and the ‘right to fair trial’. Several rights for accused have also been prescribed
in Constitution of India especially Articles 20, 21 and 22. Legal aid to the accused at the expense of State is also provided in
certain cases (Article 39A of the Constitution, Section 304 of Cr.P.C.and M.H. Hoscot v. State of Maharashtra (1978) - Right to
free legal aid is fundamental right under article 21 of the constitution of India.) In the case of Hussainara Khatoon (No.1) v.
State of Bihar (1979) Supreme Court held that Right to Speedy Trial is fundamental right under Article 21.
4. Witnesses:
 According to Bentham, “Witnesses are the eyes and ears of justice”.

 In the case of Mrs. Neelam Katara v. Union of India (2003), Delhi High Court after observing laws of several countries laid
down exhaustive guidelines for protection of witnesses.

 In the case of Zahira Habibullah Sheikh & Anr. v. State of Gujarat & Ors. (2006) Supreme Court observed, “Fair trial means a
trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If
the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to
hear material witnesses is certainly denial of fair trial.”

Do we have a law for witness protection in India?

5. Society & Members of the General Public:

 Fair criminal justice systems build up confidence in society and other member instead of taking revenge and taking law in his
own hands take recourse of State sponsored criminal justice system.

 Terrorist attacks, economic offences, food adulteration cases effect members of the General Public.