Unit-1

Criminal Justice system

It is a set of agencies & processes established by government of administration of criminal justice system aimed at controlling crime and imposing punishment on persons who violate the law.

Its basic organs are police, judiciary and correctional systems.

Its structure consists of 4 pillars →

  • Investigation by the police

  • prosecution of case by the prosecutors

  • determination of guilt by the courts

  • correction through prison system

INVESTIGATION BY THE POLICE

The information of the offence is registered in the local police station under section 161 CrPC. This section empowers the investigation officer to examine any person supposed to be acquainted with the facts and circumstances of the case and record the statement in writing.

Under section 156, CrPC police can start the investigation

Under section 27, IEA the statement of the accused recorded by the police can be used to the limited extent that lead to the discovery of any fact.

Under section 41, CrPC the police can arrest a person for committing a bailable/cognizable offence.

Under section 46, CrPC the police can investigate a person for committing a bailable/ cognizable offence

Under section 165, 166 CrPC in the course of an investigation the police officer may search any premise where there is an expectation of anything in connection with a cognizable offence.

Under section 102, CrPC any such items that have a connection with a cognizable offence can be seized by the police.

Under section 169, CrPC police has discretion to discharge a person arrested on executing a bond in case the officer feels there is not enough criminality material against such persons.

Under section 173, CrPC All statements of the witnesses & evidence collected through investigation along with a copy of the FIR is made into a police report & submitted to the magistrate.

Under section 174, CrPC The police conduct inquest where an information of death is received.

Hierarchy of the Police force

DGP (incharge of state police force) director general of police

ADGP additional director general of police

IG (incharge of zones) inspector general of police

DIG (incharge of districts) deputy inspector general of police

SSP (incharge of district) senior superintendent of police

SP superintendent of police

ASP additional superintendent of police

DSP deputy superintendent of police

Inspector of police (incharge of station)

SIP sub-inspector of police

Assistant sub-inspector of police

Head constable

Police constable

CID ( criminal investigation department )

It is a specialised branch of police force. It had two components

  1. Crime branch - most important investigation agency of the state police.

    . When certain major crimes remain unsolved or when public demands an investigation by an agency other than local police, the government transfers the cases to CID.

  2. Special branch - collects, collates and disseminates intelligence from the security point of view.

    . Its main role is to keep a watch over subversive activities of person, parties and organisations and keep all concerned informed.

CBI ( central bureau of investigation )

  • Maintaining crime statistics, collecting intelligence relating to certain types of crimes

  • divisions

    Anti-corruption division

    Economic offences division

    special crimes division

    legal division

    administrative division

    technical division

    policy and organisation

    labs

ROLE OF PROSECUTION

The prosecution wing in a state is headed by an officer designated as the director of prosecutors.

In sessions court, the cases are prosecuted by the public prosecutors.

The district magistrate prepares a panel of suitable lawyers in a consultation with the sessions judge to be appointed as public prosecutors.

Role & function of a public prosecutor

  • prosecution of an offender

  • withdrawal from prosecution

    government may suggest withdrawal but cannot force or compel it.

JUDICIARY

The role of Judge or the Court of India starts from the stage of taking cognizance of the criminal case under section 190 CrPC, followed by making over of the case (section 192) to the appropriate court having the jurisdiction to try the case or commitment to the court of sessions under section 209 CrPC. This is followed by the issue of the process under section 204 either by summons or warrant as the case may be.

Once all the actors of the Criminal Justice Administration, that is the accused represented by the Defence Counsel, the prosecutor representing the state as well as the victim and the Judge come face to face, the trail unfolds.

  • Structure

    Supreme court (apex court) — sentence upto life imprisonment

    High court (at state level) — sentencing upto 10 years and 1 lakh fine

    Sessions court (at district level) — sentencing upto 7 years and 50k fine

    Judicial Magistrate of first class/ Metropolitan judicial court — sentencing upto 3 years and 10k fine

    Court of J.M. of second class — 1 year imprisonment and 5000/- fine

The judiciary has supreme court at the apex having threefold jurisdiction namely - original, appellate and advisory.

Supreme courts and high courts only have appellate criminal jurisdiction.

below S.C. are the high courts at the state level followed by the subordinate courts in the district.

The court of session exercise both appellate and original jurisdiction.

The appellate jurisdiction of the S.C. covers constitutional, civil and criminal cases.

Under article 136 of the constitution, the S.C. can grant special leave to appeal from any judgement, decree, determination, sentence or order in any matter passed or made by any court on tribunal in the territory of India.

The constitutional jurisdiction of the S.C. is in respect of matters, which are referred for its opinion and advice by the president of India, Under article 143 of the constitution.

The high court exercises appellate jurisdiction in criminal cases under section 374 (appeal from an order of conviction) and section 378 [appeal from an order of acquittal (not guilty)].

  • Sentencing and jurisdiction of courts

    High court - any sentence authorised by law

    Sessions Judge/ Addition sessions Judge - any sentence authorised by law. Death sentence subject to confirmation by the High Court.

    Assistant sessions judge - upto 10 years imprisonment

    Courts of Chief Judicial Magistrate - upto 7 years imprisonment

    Courts of Magistrate of first class - upto 3 years imprisonment, or fine not exceeding Rs. 10000 or both.

    Courts of Magistrate of second class - upto 1 year of imprisonment, or fine not exceeding Rs. 5000 or both.

CORRECTION (PRISON ) SYSTEMS

In case a sentence of imprisonment is pronounced then the final wing of the Criminal Justice System is activated, i.e. the correctional wing through the prison system.

  • Custodial staffs

    Inspector general of police

    Addl. Inspector general of police

    Dy. Inspector general of police

    Superintendent of prison

    Dy. SP

    Jailer

    Dy. Jailer

    Chief head warden

    Warden

  • Non-Custodial staff

    Medical staff

    Medical superintendent

    Doctors

    Psychiatrists

    Pharmacists / Compounder

    Nurse

    Ward boy

  • Non custodial staff

    Treatment staff

    Vocational trainers

    Educational teachers

    Welfare officers

    Social workers

    Yoga Teachers

Correctional measures of offenders in criminal justice system.

  • Rehabilitation of offenders - This is a system designed to give guidance and assistance to those who have committed crimes or those who have turned to juvenile delinquency so that they can become sound members of a society while spending normal social lives.

  • Need of the corrective measure - A person is not born a criminal. It is due to his association with bad company that often leads him into trouble. A person is always capable of reforming provided he sees his release in the society as a reward for it. If no such temptation is provided to accused person, he will never try to reform himself and always languish in jails. This often leads to over crowding of prisons and serious health issues arise in the prisons.

    . Corrective measures are required for the accused person and not for under trails.

    . Due to various corrective measures a convict can be reformed and be released in the society because it is always better to reform a convict than to punish a person who is already repenting for his wrongdoing.

    . It is ultimately the fight against crime and not criminals.

  • Various corrective measures in India - 1. Fundamental academics designed to provide the intellectual tools needed in study and training and in everyday life.

    2. Vocational education designed to give training for an occupation.

    3. Health education

    4. Cultural education

    5. Social education

  • Objectives of rehabilitation - Work towards the rehabilitation of persons coming out of or vulnerable to crime or prostitution.

    • . Provide support to families of persons in crime, especially children to counter negative influences and prevent criminalisation.

    • Improve access of citizens in the Criminal Justice System to their legal rights enshrined in the constitution

    • Promote the use of correctional laws towards rehabilitation of vulnerable groups such as women, youths and children.

    • Increase awareness in government and society about issues related to the rehabilitation of persons affected by crimes towards law and policy changes.

    • Generate knowledge in the field of social work, criminology and corrections through the analysis of field experience.

  • Methods of rehabilitation - A successful rehabilitation of a prisoner is also helped if the convicted persons:

    • Are not placed in health threateningly bad conditions, enjoy access to medical care and are protected from other forms of serious ill-treatment.

    • Are able to maintain ties to the outside world.

    • Learn new skills to assist them with working life on the outside.

    • Enjoy clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of any record of data related to criminal matters.

Concept of punishment

Punishment is the act of imposing a consequence or penalty on someone for their wrongdoings.

The Black Law dictionary defines punishment as,” In criminal law, any pain, penalty, suffering or confinement inflicted upon a person by the authority of law and judgement and sentence of court, for some crime or offence committed by him ,or for his omission of a duty enjoined by law.”

  • Types of punishment

    Corporal - Death, life imprisonment, banishment

    Non corporal - Suspension, removal, fines, deprivation of some political or civil rights.

  • Theories of punishment

    Deterrent theory - Main purpose of this theory is to deter (prevent) the criminal from doing the crime or repeating the same crime in the future. Under this theory severe punishments are inflicted upon the offender.

    Retributive theory - The object of this theory is to make the criminal realise the suffering of the pain by subjecting him to the same kind of pain as he had inflicted on the victim. This theory is based on the principle — “An eye for an eye, a tooth for a tooth, blood for blood.”

    Preventive theory - Founded on the idea of preventing repetition of crime by disabling the offender through measures such as imprisonment, forfeiture, death sentence and suspension of license. The idea is to keep the offender away from society and punished with life imprisonment, death, etc.

    Reformative theory - The idea behind this theory is —”No one is born a criminals and criminals are also human.” It is believed that if the criminals are trained and educated they can transform into law abiding citizens.

    Many writers on this subject are of the opinion that a person commits a crime only because he was not taught moral lessons in his childhood, or he is extremely poor, he does not have square meals, or he lives / had to live in polluted social environment, or he is living in the company of bad persons such as thieves, dacoits, gamblers and drunkards or he is suffering from some mental disease.

    Expiatory theory - Under this theory, it is believed that if an offender expiates, repents and realises his mistakes, he must be forgiven.

  • Capital punishment in India

    Execution of an offender sentenced to death after conviction by the Apex court for criminal offences which are heinous, grievous and detestable crime against humanity.

  • The crimes and offences which are punishable to death

    Aggravated murder

    Terrorism related offence not resulting in death

    Rape not resulting in death

    Other offences resulting in death

    Military offences not resulting in death - Abetment of assault, mutiny or attempting to seduce airman, soldier, the sailor from his duty and various other offences are punishable by death.