Chapter-6 Understanding our criminal justice system

Explanation:

An official who brings cases to trial on behalf of the people and government of a nation is known as a public prosecutor.

Explanation:

The criminal justice system is the branch of law enforcement responsible for the arrest, prosecution, defence, sentencing, and punishment of people who are accused or found guilty of crimes.

Explanation:

When making an arrest, keeping someone in custody, or questioning them, the police must abide by rules established by the Supreme Court. No one may be shot, battered, or subjected to torture by the police while conducting an inquiry. Even for minor infractions, they are not allowed to punish a person in any way.

Explanation:

Investigating any allegations of criminal activity is one of the police's key responsibilities. A thorough investigation includes gathering various types of evidence and taking down witness statements. The police are required to form an opinion based on their investigation. The police will submit a charge sheet to the court if they believe the evidence supports the accused's guilt.

Explanation:

In the criminal justice system, several people must fulfil various tasks because...

It is impossible for one person to possess all the qualifications needed to carry out various tasks including making an arrest, defending yourself, gathering evidence, and rendering a decision.

to prevent the abuse of authority and unfairness in the outcomes.

Explanation:

The Public Prosecutor is the official state representative in court. After the police have finished their investigation and submitted a chargesheet to the court, the prosecutor's job officially starts. In the investigation, he or she has no part to play. On behalf of the State, the prosecutor must handle the prosecution. It is his or her responsibility as a court employee to conduct themselves impartially and to provide the court with all relevant information, including all relevant witnesses and evidence, in order for the court to be able to make a decision.

Explanation:

The judge conducts the trial impartially and in public, much like an umpire does during a sporting event. All of the witnesses and additional evidence that the prosecution and defence provide are heard by the judge. According to the law and the facts offered, the judge determines whether the accused is guilty or innocent. The judge then imposes the penalty if the defendant is found guilty. Depending on what the law requires, he may jailhouse the person, penalise him, or do both.

Explanation:

Victim calls the police to report a crime, and the police then submit a FIR, or First Information Report. The police then launch their investigation and detain the suspect(s). The Magistrate's Court then receives a charge sheet from the police. The courtroom hearing has begun. The victim is represented by the Public Prosecutor, and the accused has access to legal representation in their defence. After the trial is over, the defendant is either found guilty or found not guilty. If found guilty, the defendant may take their case to a higher court.

Explanation:

The steps that must be taken are:

The accused must be given a copy of the chargesheet and every other piece of evidence the prosecution uses.

The accused must be present during the entire trial, which must take place in open court and in full public view.

In the event that the accused cannot afford to hire a counsel, he must be provided with a lawyer to represent himself.

The accused must be proven guilty beyond a reasonable doubt by the prosecution.

Just the evidence presented to the court is used by the judge to make a decision.

Explanation:

The accused must receive a copy of the chargesheet as well as any additional evidence the prosecution uses to support its case.

The accused must appear at the trial, which must be held in open court and in full public view.

In the event that the accused is unable to afford legal representation, he must be provided with one so he can represent himself.

The defence must be found innocent unless and until the prosecution can prove it.

Just the evidence presented to the court informs the judge's ruling.

Explanation:

In order to arrest, detain, and question somebody, the police and other agencies must adhere to particular guidelines established by the Supreme Court of India. The D.K. Basu Guidelines are among them, and some of them are as follows:

A memo of arrest should be prepared at the time of the arrest and should include the time and date of the arrest. The police officers conducting the arrest or questioning should wear clear, accurate, and visible identification and name tags with their designations. It should also be supported by at least one witness, who might be a member of the arrested person's family. The individual who was arrested should countersign the arrest memo.

Explanation:

In the context of this chapter, the term "accused" refers to a defendant in a criminal trial.

Recognizable: In the context of this chapter, this refers to an offence for which a person may be detained by the police without a court's consent.

Cross-examination: In the context of this chapter, this refers to the interrogation of a witness after the other side has questioned him or her to ascertain the reliability of their testimony.

In the context of this chapter, the term "detention" refers to the practise of being held in forcible custody by the police.

Being impartial means being impartial, fair, and unfavourable.