Criminal Justice System

Concept of Criminal Justice System

The concept of the criminal justice system in India was established to maintain law and order.
India being a democratic nation, also provides an equal right to justice to the accused person.
There are different systems through which criminal justice proceeds within the country.
These are mentioned below:
 State Criminal Justice: This body administers a specific state and crime committed
within the jurisdiction of the state. 
 Federal Criminal Justice: This body manages the federal parts of India and the matters
of one or more states. 
Indian Criminal Justice System – Constitutional Provision
Criminal law, including all matters included in the Indian Penal Code, Criminal procedure,
including all matters included in the Code of Criminal Procedure feature under the concurrent
list of the 7th Schedule.

Aim of the Criminal Justice System

 The aim of the Criminal Justice System is to punish the guilty and protect the
innocent. Although the broad contours of the Criminal justice system are seldom
codified, these can be inferred from different statutes, including the Constitution and
judicial pronouncements. In a democratic civilized society, the Criminal Justice
System is expected to provide the maximum sense of security to the people at large by
dealing with crimes and criminals effectively, quickly and legally.
 More specifically, the aim is to reduce the level of criminality in society by ensuring
maximum detection of reported crimes, conviction of the accused persons without
delay, awarding appropriate punishments to the convicted to meet the ends of justice
and to prevent recidivism.

Objectives of CJS System

The primary objective of the criminal justice system is to make the entire process fair and
transparent to both the victim and accused. It starts with the entry of the case that is followed
by the prosecution and pretrial. After this, the trial process initiates which is also known as
adjudication. These are the procedures followed by the criminal justice system. 
The objectives of the criminal justice system:
1. To maintain harmony through a proper law and order system. 
2. To punish the criminals. 
3. To stop the offender from engaging in any crime in future. 
4. To prevent the occurrence of crime in society. 
Important Components
The important components are essential to delivering justice and maintaining the law of the
land. Understanding our criminal justice system notes the presence of different bodies that
assist in carrying out the entire process.
 Law Enforcement Agencies/ Police: The crime report in the area is prepared by law
enforcement officials. They are also in charge of setting up the investigation and
safeguarding the criminal evidence. These officials are important components of the
criminal justice system. 
 Prosecution: The prosecution lawyer aims to defend the state or federal government
by being a representative of the victim. They review all pieces of evidence that are
collected by the law enforcement body. Now, it’s up to them to press all the charges
or drop the case. 
 Defense Attorney: Défense attorneys are lawyers whose duty is to represent the
defendant in the court against the state. The defendant usually hires lawyers for trial
courts. The criminal justice system provides adequate rights to both the accused and
the victim party. 
 Courts: The highest body of justice in the courts is the judge. They are responsible
for making decisions and passing judgements in court. They get the right to decide
whether to release the offenders before the trail, reject or accept plea agreements,
oversee trials, and sentence convicted offenders. 
 Correction Officer: The correction officers are in charge of ensuring the security and
safety of the facilities where the offenders are kept. They look after the day-to-day
custody of inmates. They also administer the release process of the offenders and give
notifications regarding the status of the offender to the victim party. 

The laws made by the legislature or the judiciary (through precedent) decide whether an act is
legal or illegal. Anything which has been declared as an offence, even if morally correct, is
punishable under the criminal justice system. Similarly, even if some act is morally degrading
as per the society we live in, it is not punishable if the law does not provide so. Apart from
classifying the criminal activities, their corresponding punishment, who is punishable, the
corresponding authorities and their specific roles, everything is laid by the legislature. In case
there is some inconsistency or confusion with what lawmakers have provided in the statutes,
or if there is a lack of direct call with the matter, the judiciary may step in through specific
guidelines, etc. via case laws.
The major legislations on criminal justice system in India include the following:
- Indian Penal Code, 1860
- The Code of Criminal Procedure CrPC 1973
- Indian Evidence Act, 1872
The most important among case laws by the apex court on criminal justice reform problems
include D.K. Basu guidelines[1]
Since the acts or omissions are classified as crimes, there are authorities which come in
motion once an offence is reported. Basically, these authorities enforce the laws made by
legislature to establish who committed such crime, thereby bringing the law and order in
transit. A first information report, commonly termed as an FIR, is lodged with the police by
the victim, kins, or any person having the information of the crime, as the case may be. This
instigates the role of police in criminal justice system.
Based on the seriousness of crime, prime suspects of the crime are arrested/ taken in police
custody to make sure that the evidence is not tampered with. Here, rights of the accused
person need to be protected by presenting him/ her before the court within 24 hours.
Meanwhile, the police interrogation and investigation carry on and the case proceedings
initiate before the court. Evidence collected related to such crime are all presented before the
court, statements of people who witnessed the crime or are otherwise related, are all recorded
by the police. All such evidence is confirmed before the judge in the court of suitable
jurisdiction through prosecution and defence side of criminal lawyers. It is upto the judge to
decide based on facts and applicable laws as to whether the accused person actually
committed the crime or not. Based on the gravity of evidence against the accused, bail may
also be granted by the court of suitable jurisdiction granting temporary freedom to the
accused till the criminal proceedings wraps with a court decision. If he/she did commit the
offence, the person is convicted and punished as per law, otherwise, the accused is set free.
This decision of the lower court is challengeable in the district sessions court, state high
court, or the supreme court, as the case may be.
Punishment
The Indian Penal Code provides different types of punishments under IPC based on the
seriousness of a crime committed. For example, if a group has brutally murdered a girl after
gang rape, being totally aware of the outcome of their actions, the court may pronounce a
death penalty. On the other hand, if a person by accident hits another from the stairs causing
his/her death, the punishment may be 1 or 2 years of imprisonment, or only fine. The history
of criminal legal system in India proves that it is more of correction rather than punitive
criteria against the offender.
Correction
While in prison, the inmates are indulged in several activities like education, vocational
training, skill development, etc. The system of criminal justice in India, in theory, attempts to
correct the convict so that he/ she does not repeat such criminal behaviour. However, things
may not always be the same in practical terms. Also, the theory of ‘once a prisoner always a
prisoner’ is not followed in India. Based on a person’s character and behavioural history,
parole and probation are also allowed to give a break from imprisonment or reduce the period
of imprisonment

Major Professional Bodies of CJS

Police/ Investigating Agency
The role of police in criminal legal system is the first thing that pops in mind when the term
‘investigating agency’ is heard. Police is for sure the most important link during
investigation, but there are other players too. Whenever a crime takes place, people start
searching for how to file a police complaint and what is the relevant piece of information
related to the matter. Thereafter, police collect evidence and arrest the people named in case
of serious offences. The evidence collected in criminal offences most of the time requires
forensic confirmation. It may be blood stains, weapons, clothes, etc. Thus, forensic
department is paramount among criminal justice system functionaries in India. Since it is a
matter of investigation in criminal cases, complaint to the CBI, CID, NIA like special
investigative agencies can not be ignored. A few decades back, prosecution was part of the
police system, but now, it is among distinct 5 pillars of criminal justice system in India.
Prosecution & Defence Lawyers
Criminal cases are usually fought by the state for the very reason that in the criminal justice
system, law and order maintenance is the duty of the government. Committing a crime
eventually stirs the calm waters of societal peace. Thus, a crime is usually committed against
the state and not just a private person. Although classification exceptions are there - like
Section 489A IPC which is committed against a married woman, cheque bounce which is
committed against the lender/ creditor, etc.
Prosecution is played by the government lawyer (Public Prosecutor in lower courts, Advocate
General and other counsels in High Courts and Attorney/ Solicitor General and counsels in
the apex court). The prosecution lawyer based on the evidence, examination and cross-
examination, proves before the court the offence committed by the accused. In case of
paucity of evidence against the accused, the prosecutor may request for withdrawal of
accusations or seek inclusion of more witnesses, as legally deemed fit. The role of
prosecution attorney wraps after court hearing comes to an end, whether it is trial court or the
appellate courts.
Defence
In India, the principle of natural justice allows decisions to be made after hearing both the
parties (Audi Alteram Partem). Since the state’s machinery under the criminal proceedings is
responsible for collection of evidence, interrogation, etc. all reflected in the chargesheet.
Thus, a defence lawyer is the person who represents the accused person before the court
when he/ she pleads not guilty (acknowledge before the authorities that he/ she did not
commit the offence and wishes to fight for his/ her innocence). A criminal lawyer in Kolkata
represents criminal cases in the lower courts of Kolkata as well as Kolkata High Court.
Although, some of the Kolkata lawyers may also take up cases in other states or High Courts.
The role of defence lawyer in the criminal proceedings in India is utmostly crucial. While the
burden of proof mostly lies with the prosecution to prove the guilt of the accused beyond
reasonable doubt, a defence lawyer has to find the loopholes in investigation, evidence, etc.
The task is to prove before the court that the accused person has no relation with the crime
committed. In case there is enough evidence of having committed such a crime by the
accused, then the defence lawyer proves the lack of intention or knowledge. The objective is
to get the accused’s name removed from the case, or at least bring the benefit of doubt.
Judges
In the whole criminal case process, judges play a major role, since their opinion and
understanding of the case leads to the final decision. The object of empowering the criminal
justice system is to serve justice to the victims and punish the culprits. Evidence plays a key
role in criminal matters. If there is a lack of essential evidence, a criminal may be released.
But the worst happens if there is evidence on record against a person who is actually
innocent, since that person will be caught under the clutches of the criminal system devoid of
justice.
Matters are brought before judges based on jurisdiction (decided on the basis of territory,
extent of punishment in the offence reported, etc.). For example, for petty offences like
cheque bounce, lower courts have original jurisdiction and sessions court hears appeals.
While in case of offences like murder, rape, etc., sessions court has the original jurisdiction.
The hon’ble High Courts and Supreme Courts have appellate jurisdiction unless some
question of law is directly brought before higher courts.
Prison Officials
A person may be arrested just after registration of FIR, or after the trial comes to an end,
depending upon the nature of offence, facts and evidence of the case. The ultimate place
where such arrested persons are brought is prison. The prison administration is responsible
for taking care of safety, security, health, daily needs, criminal records, etc. of the prisoners.
Protection of prisoners is the bull’s eye for human rights lawyers. That is why jail
administration is important among the 5 pillars of the criminal justice system in India.

Historical Perspective
Ancient Times
 The jurisprudence of Ancient India, which was shaped by the concept of ‘Dharma’,
prescribing various rules of right conduct.
 The codes or rules of conduct can be traced to various manuals that explained the
Vedic scriptures, such as ‘Puranas’ and ‘Smritis’
 The King had no independent authority but derived his powers from ‘Dharma’ which
he was expected to uphold.
 The distinction between a civil wrong and a criminal offence was clear.
 While civil wrongs related mainly to disputes arising over wealth, the concept of
pātaka or sin was the standard against which crime was to be defined.
 The Mauryas had a system of rigorous penal system which prescribed mutilation as
well as the death penalty for even trivial offences.
 Dharmasastra of Manu, recognized assault and other bodily injuries and property
offences such as theft and robbery.
 During the Gupta’s era, the judiciary consisted of the guild, the folk assembly or the
council and the king himself.
 Judicial decisions conformed to legal texts, social usage and the edict of the king, who
was prohibited from violating the decisions.

Medieval Times
 India was subjected to a series of invasions, beginning in the 8th Century A.D. and
ending in the 15th century, stabilizing by the time of Mughal Rule.
 Followed a criminal law that classified all offences on the basis of the penalty which
each merited, including retaliation (blood for blood), specific penalties for theft and
robbery and discretionary penalties.
Present Times
 The Criminal Justice System in India follows the legal procedures established by the
British during the pre-independence era.
 An Indian Penal Code (IPC) defining crime and prescribing appropriate punishments
was adopted in 1860, prepared by the first Law Commission of India.
 It was developed in line with the English criminal law.
 Code of Criminal Procedure was enacted in 1861 and established the rules to be
followed in all stages. This was amended in 1973.
 The NN Vohra Committee, set up in 1993, observed increasing criminalization of
politics, talked of the unholy nexus.
 It was an effort to push the reforms in the criminal justice system.
 In 2000, the Government of India formed a panel headed by the former Chief Justice
of Kerala and Karnataka, Justice V.S. Malimath, to suggest an overhaul of the
century-old criminal justice system.
 In 2003, the Justice Malimath Committee submitted a report with 158
recommendations.
 The Committee opined that the existing system “weighed in favour of the accused and
did not adequately focus on justice to the victims of crime.”