Question: What are the procedures that have to be followed if the criminal trial has to be a Fair Trial?
Answer: A copy of the charge sheet and all other evidence has to be given to the accused.
The trial has to be held in an open court, in public view and should be in the presence of the accused. The accused has to be given a lawyer to defend himself in case he cannot afford to employ a lawyer.
The Prosecution has to prove beyond doubt the guilt of the accused and the Judge has to pass the judgement only on the basis of the evidence before the court
Question: Write a brief note on the criminal procedure in the Criminal Justice System in India.
Answer: A crime is first reported by the victim to the Police and the police file a FIR or First Information Report. Then the police begin the investigation and arrest the suspected person or persons. The police then file a charge sheet in the Magistrate’s Court. The trial begins in court. The Public Prosecutor represents the victim and the accused can defend themselves with the help of a lawyer.
Once the trial is over the accused is either convicted or acquitted. If convicted, the accused can appeal to the higher court.
Question: Why do we need the police?
Answer: The laws made by the Parliament need to be enforced properly and effectively. This law enforcement is done through various agencies of the government. The police is the primary law enforcement agency. The police is responsible for
- Preventing crime.
- Investigating crime.
- Upholding the law.
Question: What are the guidelines given to the police regarding arrest?
Answer: Our Constitution also guarantees certain rights regarding protection against arrest and detention in certain cases. Some such rights are as follows:
- The right to be informed of the reason for arrest at the time of arrest.
- The right to be defended by a legal practitioner of his choice.
- The right to be produced before the Magistrate within 24 hours of arrest.