A criminal offense is any action that violates the law, and the purpose of the justice system is to ensure fair or reasonable treatment. The criminal justice system is the pillar of society, ensuring that the rule of law is upheld and that justice is administered. The criminal justice system consists of numerous institutions, processes, and individuals tasked with identifying and investigating crimes, prosecuting offenders, and implementing court decisions. It is based on the principles of fairness, objectivity, and legal parity for all. The criminal justice system in India is supported by a number of important laws, including:
Indian Penal Code (IPC): The IPC is a comprehensive code that outlines a variety of criminal acts and their respective penalties. It was adopted in 1860 and is the principal law in India addressing criminal offenses.
Criminal Procedure Code (CrPC): The Criminal Procedure Code regulates the investigation, arrest, trial, and punishment of criminal acts. It was enacted in 1973 and is India’s principal criminal procedural law.
Indian Evidence Act: The Indian Evidence Act lays forth the rules of evidence that must be observed in criminal trials. This 1872 statute governs the admissibility and evaluation of evidence in criminal proceedings.
Prevention of Corruption Act: The Prevention of Corruption Act bars public officials from accepting bribes and engaging in corrupt behavior. It was enacted in 1988 and is India’s primary anti-corruption statute.
Juvenile Justice (Care and Protection of Children) Act: The Juvenile Justice (Care and Protection of Children) Act assures the care, protection, and rehabilitation of children in conflict with the law. It was enacted in 2000 and has been revised on multiple occasions to strengthen children’s rights.
Narcotic Drugs and Psychotropic Substances (NDPS) Act: The NDPS Act criminalizes the production, distribution, and use of psychotropic and narcotic substances. It was enacted in 1985 and is India’s primary drug crime statute.
The Protection of Women from Domestic Violence Act: The Protection of Women from Domestic Violence Act is a law that protects and safeguards domestic violence victims. It was enacted in 2005 and is India’s primary domestic violence statute.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act protects reserved castes and tribes from atrocities. It was enacted in 1989 and has been revised multiple times to give these communities with more protection.
When it comes to the criminal court system’s jurisdiction over matters like financial crimes and white-collar crimes, banking lawyers in Chandigarh can be of assistance. They can act as legal counsel for financial organisations and banks that have been the targets of fraud.
Five Pillars of the Criminal Justice System
Law Enforcement Agencies
They are responsible for keeping law and order in the community, preventing criminal activity, and detecting and investigating crimes. Police, the Central Bureau of Investigation (CBI), and the National Investigation Agency are the principal law enforcement authorities of India (NIA). Each state’s police force is managed by the Indian Police Service (IPS). The Central Bureau of Investigation (CBI) is responsible for investigating high-profile cases such as corruption, economic offences, and cases related to national security. The National Investigation Agency (NIA) is responsible for investigating cases related to terrorism and other threats to national security. In cases of significant offenses, police collect evidence and arrest the suspects. The majority of the time, the evidence acquired in criminal offenses requires forensic corroboration. It could be blood, weapons, clothing, etc.
Judiciary
The second pillar of the criminal justice system is the judiciary. The Indian judiciary comprises the Supreme Court, High Courts, and District Courts. The Supreme Court is the highest court of appeal in India and has the power to hear appeals from High Courts and lower courts. The High Courts are the highest courts in each state and have the power to hear appeals from District Courts. The District Courts are the lower courts in each state and are responsible for hearing criminal cases. Judges play a crucial role in the entire criminal case process, as the verdict ultimately rests on their interpretation of the evidence and the law. In legal proceedings, evidence is crucial. A criminal could be set free if there is insufficient evidence to convict them. Yet the worst-case scenario is when there is documented proof against a person who is genuinely innocent, since that person is then trapped by the unjust criminal justice system. Trial attorneys for both the prosecution and the defense assist the court in reaching a verdict based on the record evidence (items, papers, and/or witnesses). In dealing with the facts, judges must also ensure that procedural legislation is being followed and that neither the victim nor the accused are having their rights abused throughout the trial.
The criminal justice system may get involved in a divorce if there is evidence of criminal activity, such as domestic violence or fraud. Divorce lawyers in Chandigarh can help clients navigate the criminal justice system and pursue fair outcomes that safeguard their interests.
Public Prosecutors
The third pillar of the criminal justice system in India is public prosecutors. Public prosecutors are responsible for representing the state in criminal cases. They are responsible for presenting the evidence in court and arguing the case on behalf of the state. The public prosecutor is appointed by the state government and is responsible for ensuring that justice is served in each case.
Prisons
The fourth pillar of the criminal justice system in India is prisons. Prisons are responsible for the custody and care of individuals who have been convicted of a crime. The prisons in India are managed by the state government and are responsible for providing a safe and secure environment for the prisoners. This place is responsible for the rehabilitation of prisoners. They provide vocational training, education, and counseling to help prisoners reintegrate into society after their release.
The rights of the accused must be protected in accordance with the law. Nonetheless, it is still unclear if human behavior can be observed in correctional facilities. The cruelty of the so-called criminal judicial system, where courts are overworked, police officers are exhausted, innocent accused are despairing, and this agony has many faces, becomes immediately apparent to everyone who attends a criminal court procedure. For the sake of the citizens of our country, it is imperative that the relevant authorities investigate the issues plaguing the criminal justice system immediately.If you need any assistance related to criminal law in Chandigarh, you can reach out to SL Legal Services, who can assist you in all your legal issues.