When we talk about the criminal justice system in India, everyone broadly pictures a crime, Police handcuffing an accused, dragging him towards the Court, the Judge deciding whether he committed the crime, and if yes, the convict spending the rest of his life in prison. That’s right, that’s the broader aspect of criminal matters. But there are some details, the legal ones, the systemic ones, which reflect the essence of a legal system. Here, let’s decode the foundation, the tenets of criminal justice system in India. But first, let’s understand the broader picture itself.
Stages of Criminal Justice System in India
Police
The first step to any criminal trial is usually the registration of FIR or criminal complaint. In most of the cases, Police is the first point of contact, even before the lawyers. Not only being the first to receive information about a crime, Police are also responsible for investigation of the same. Enforcement is another task entrusted to the Police. The major duties of the Police in the criminal justice system in India is to prevent crime, maintain law and order, investigate offenses, apprehend suspects, and collect evidence. Police play a crucial role for the Prosecution case in the Courts.
Courts
While a criminal case comes into motion with the Police action, it is the Courts which can be said to be the strong pillars of the criminal justice system in India. While the trial or Court proceedings take place, it is the duty of the Courts to see justice is duly served. The Judges are supposed to keep their eyes open. Whether it is compliance with the substantive or procedural laws, or the behaviour of the accused, parties, Police, witnesses, etc. Upholding the dignity of Courts and the justice system heavily depends upon the Courts themselves.
Prisons
What we see in movies, it is more about a closed dark room, minimal utensils with dry chapatis, where there is sometimes an in-built toilet pot in the same space. However, speaking of the reality of India’s criminal justice system, prisons are the place where accused persons are kept during custody. The convicts are also kept in prisons. Hence, jails play a crucial part in how a justice system reflects upon criminals.
Tenets of Criminal Justice System in India
What we discussed earlier are the institutions where the criminal justice system is portrayed. However, there are laws which have laid the foundation stones of “justice” in the criminal system. Given below is an introduction to all such tenets which play a crucial role in the criminal justice system in India:
1. Rule of Law
The concept of rule of law in India is summed up in the Constitution of India, mostly under Article 13 which defines law, and Article 14 upholding equality before law. It reflects that no one is above the law, regardless of whether it is the lawmakers or even the law enforcers. The criminal justice system in consonance with the application of rule of law requires that all actions of the State must conform to the Constitution and legal statutes.
2. Presumption of Innocence
In India, the law lays that an accused person is considered innocent until proven guilty in a court of law. The concept particularly reflects in the Evidence Law, with Chapter VII of the Bhartiya Sakshya Adhiniyam, 2023 particularly dealing with the burden of proof. It specifically requires the Prosecution to prove the case against the accused person beyond reasonable doubt. There is bail before jail, right to life and personal liberty, among the other strengthening the tenets of criminal justice system of India.
3. Fair Trial
In India, every accused has the right to a fair, impartial, and public trial. It is the basis of the principle of natural justice. In order to be duly represented before the Court, you should know the charges against you, have access to legal counsel, be given an opportunity of being heard, exercise the right to present evidence, and the right to cross-examine witnesses, with the Judge not being biased. Where there is no fair trial, there is no justice. Hence, fair trial is paramount for the criminal justice system in India.
4. Equality Before Law
When everyone is treated with equality, the world becomes a better place. This is the essence laid by Article 14 of Indian Constitution. All individuals, regardless of status or background, are subject to the same laws and have equal protection before the laws in India. Once in a while, the trust in the Indian criminal system shatters when the influential and wealthy are able to obtain relief way sooner, while the poor ones await an opportunity to at least appear before the Court. This is sometimes problematic, but a practical aspect.
5. Due Process of Law
The law lays that the legal procedures must be followed meticulously to ensure justice. What is laid in law should be followed, and any divergence from the process should benefit the one who suffers the outcomes of such deviation. The legal system prohibits arbitrary detention or punishment without trial. Sometimes, the Courts are struck between the law and justice, and seek to uphold justice while using their discretionary powers, extended by law.
6. Right Against Self-Incrimination
How a criminal justice system would be if people accused of committing a crime would be beaten or tortured to confess the crime? The word “justice” seems to be missing, right? As per Article 20(3) of the Indian Constitution, no person accused of an offense can be compelled to be a witness against themselves. While there are some exceptions in case of waiver.
7. Double Jeopardy
A person cannot be prosecuted or punished more than once for the same offense. That’s what the law on double jeopardy lays particularly under Article 20(2) of Indian Constitution. Section 337 of the BNSS also lays the same aspect. Once a person faces trial for a particular incident of committing an offence, whether acquitted or convicted, they cannot be prosecuted again for the same offence.
8. Legal Aid and Access to Justice
The Legal System in India is complex. While they are expected, not everyone knows about all the laws. But when in Court, people are supposed to be represented through those having knowledge of laws, the Advocates. However, not everyone can afford to engage a lawyer, to pay their fee. Hence, the State as per Article 39A is obligated to provide free legal aid to ensure that justice is not denied due to financial constraints.
9. Independence of Judiciary
The judiciary is independent of the Executive and Legislature to ensure impartial interpretation and application of law. And that is the ultimate pillar for criminal justice system in India. If the elite and those in power could have influence on Courts, Judges. A Judge presiding in the Court should only listen to the parties, look at the evidence, and apply the laws to decide a matter. They should not have to fear the powerful or enticed by the wealthy, while deciding a case.
Conclusion
The nine pointers mentioned above serve as the invincible tenets of the criminal justice system in India. There is another important facet of the Indian Criminal Justice which should be added, but reality check prevents it, that is “Speedy Justice”. It is quite often to hear about a murder case in the 90s being decided by the Apex Court with an acquittal, after more than two decades. The laches eventually undermine the credibility of the criminal justice system in India. Let’s hope that things get better with time, and speedy justice comes off as a reality .
