UNDERSTANDING OUR CRIMINAL

JUSTICE SYSTEM THE POWER OF JUDICIARY AND THE

CONSTITUTION OF INDIA

PRESENTED BY:

P CHIRANJITH PRABHU

CLASS VIII, KV EZHIMALA

WHAT DOES ARTICLE 22 SAY ?

Article 22 of the Indian constitution guarantees every person of our nation, to be defended by a lawyer . This article guarantees these rights to the arrestee or the arrested person.

• Right to be informed.

• Right to be presented before the magistrate within 24 hrs of arrest.

• Right not to be ill treated or torture during the arrest or in the custody.

• Confessions made in police station cannot be used as evidences.

• A boy under 15 yrs of age and a woman cannot be called for only questioning.

WHAT DOES ARTICLE 39 SAY ?

Article 39A of the Indian constitution places a duty upon the state to provide a person with a lawyer if he/she is unable to hire a lawyer due to poverty or other disabilities.

WHAT IS THE ROLE OF POLICE ?• Investigate any complaint about the commissions of a the crime.

• An investigation includes recording statements of witnesses and collecting evidences related to the offence.

• On the basis of the investigation the police are required to form an opinion.

• If the police thinks that the evidences point to the guilt of a person then they file a chargesheet in the court

WHAT IS THE ROLE OF A JUDGE?

• The judge conducts trial impartially and in an open court .

• The judge hears all the witnesses and evidences presented by the prosecution and defence.

• It is the judge who decides whether a person is guilty or innocent according to the law and evidences.

• If the accused is convicted then the judge pronounces sentence depending on what the law prescribes . It is known as the verdict.

WHAT IS THE ROLE OF A PUBLIC PROSECUTOR?

In the court the public prosecutor represents the state. His/her duty is to act impartially and present the full and material facts, witnesses and evidences of the crime before the court.

WHAT IS A FAIR TRIAL ?Article 21 of the constitution guarantees the RIGHT TO LIFE states that a persons life and liberty can be only taken away by following reasonable and just legal procedure. A fair trial ensures that the Article 21 of the Indian constitution is upheld.

D K BASU’S GUIDELINESBY SUPREME COURT OF INDIATHAT MUST BE FOLLOWED BY THE POLICE DURING ARREST ,DETENTION AND INTERROGATION

The police official should wear clean and accurate name tags along with there designations.

A memo of arrest should be prepared that includes time , date and signature of the arrestee.

The arrestee has the right to inform any of his kith and kins . If the friends or relatives are living outside the district then the

time ,place of arrest and venue of custody should be notified by the police within 24 hrs.

FIR FIRST INFORMATION REPORT

An FIR is prepared by the police when they receive information about a cognisable event .The victim or someone on his /her behalf can prepare the FIR to the police either orally or written.

If it is a non cognisable offence then the police will file a Community Service Register.

WHAT IS A COGNISABLE EVENT ?

In this offence the police official has the authority to make an arrest without a warrant. The police are also allowed to start an investigation with or without the permission of a court.

Now ,what are the contents of an FIR ?

The contents of an FIR are ;date , time and place of the offence , description and facts about the offence , identity of the accused person and the witnesses ,and , name and address of the complainant.

The complainant has a legal right to get a copy of FIR from the police.

Wearing the dress or carrying any token used by a soldier, sailor or airman with intent that it may be believed that he is such a soldier, sailor or airman.

Rioting armed with deadly weapon. Hiring, engaging or employing person to take part in an unlawful assembly or

taking part in self. Being or expecting to be a public servant, and taking, and taking a gratification

other than legal remuneration in respect of an official act. Public servant obtaining any valuable thinks, without consideration, from a person

concerned in any proceeding or business transacted by such public servant. Counterfeiting, or performing any pat of the process of counterfeiting Indian coin. Having possession of a counterfeit government stamp. Making or selling false weights or measures for fraudulent use. Negligently doing any act known to be likely to spread infection of any disease

dangerous to life. Causing a disturbance to an assembly engaged in religious worships.

Examples for cognisable offence

ROLE OF JUDICIARY

DISPUTE RESOLUTION JUDICIAL REVIEW UPHOLDING LAWS AND ENFORCING FUNDAMENTAL RIGHTS

GLOSSARY

• CONFESSIONS : a formal statement admitting that one is guilty of a crime.

• Chargesheet: a formal statement admitting that one is guilty of a crime.• VERDICT :a decision on an issue of fact in a civil or criminal

case a decision on an issue of fact in a civil or criminal case

COURTESY

•Various websites……..•NCERT Class VIII Textbook…….•My Teachers, Friends & Parents ………

.

THANK YOU