Functionaries under CRPC

There are different functionaries under CRPC (Code of Criminal Procedure, 1973) that help manage the rules of the code. These roles are important to make sure the code works well.

The roles mentioned in this code include:

• Police
• Prosecutors
• Courts
• Defence Counsel
• Prison or correction authorities

Police As Functionaries under CRPC

The Code of Criminal Procedure, 1973 doesn’t specifically create the Police force as functionaries under CRPC, but it recognises their authority and gives them certain powers and duties in the criminal justice system.

Role and Importance of Police

The Police Act, 1861 and the CRPC together deal with the organisation of the police force. The police’s main job is to detect and prevent crimes. They play a significant role in maintaining law and order.

Police Powers

Arrest Power:

The police can arrest someone with a warrant from a magistrate. They can also make a preventive arrest without a warrant under Section 151 for immediate action against possible offences. However, this power should be used carefully to avoid arbitrary arrests.

Search and Investigation:

The police can investigate a crime without a warrant under Section 156. They need to inform the magistrate before starting the investigation. For less serious offences, they can investigate after getting an order from the magistrate.

Compelling Attendance:

The police can summon witnesses related to a case under Section 160. They can also question them under Section 161.

Duties and Functions of Police

FIR Registration:

The police must record information about a serious crime in a First Information Report (FIR) according to Section 154.

Preliminary Investigation:

The police need to go to the crime scene to investigate and arrest suspects.

Bringing the Arrested Person to Court:

After arresting someone, the police have to present the arrested person before a magistrate within 24 hours.

Supporting Prosecution:

The police must help with any necessary actions to ensure justice is served.

It’s important for the police to use their powers responsibly and follow the law to protect people’s rights and maintain a fair criminal justice system.

Prosecutor As Functionaries under CRPC

Section 24 of the Code of Criminal Procedure talks about the Public Prosecutor as functionaries under CRPC. The main job of the Public Prosecutor is to make sure justice is done and to fulfil the responsibilities given to them by the public. The Public Prosecutor is an important officer from the government and is chosen according to the rules in this code. The Public Prosecutor is separate from any investigation agency and is an independent authority.

It’s a requirement to have a Public Prosecutor in cases where the government is prosecuting. The court can’t avoid appointing a Public Prosecutor due to reasons like lack of money. The Advocate-General can’t become a Public Prosecutor unless they are chosen according to Section 24. The relationship between the Public Prosecutor and the government is like that of a lawyer and a client. The Public Prosecutor shouldn’t take sides with either the accused or the prosecution.

Different Kinds of Public Prosecutors

• Public Prosecutors chosen by the State Government and Central Government
• Additional Public Prosecutors chosen by the State Government
• Special Public Prosecutors chosen by the Central Government
• Special Public Prosecutors chosen by the State Government

Organisation of Prosecutor

A prosecutor is selected to handle prosecutions and appeals in court. Additional and Assistant public prosecutors can also be chosen by the State government and they work under the guidance of the Public Prosecutor. The code also talks about Special Public Prosecutors (SPP) who are selected by the Central government. However, if the victim asks for a specific SPP, then the state will choose one, but the victim will pay the legal fees.

The Directorate of Prosecution is the main authority that oversees all the officers.

Powers of Prosecutor

Power to Appear and Plead:

According to Section 301, a public prosecutor can appear and speak in any court for any case they are assigned to.

Power to Withdraw:

Section 321 says that the Public Prosecutor, with the court’s permission, can drop a case against someone for specific reasons.

Duties and Functions of Prosecutor

Ensuring Justice:

Public prosecutors have to be neutral while understanding the facts and questioning the witnesses. Their main goal should be making sure justice is done, not just trying to prove someone guilty or innocent.

In the case of Mohd. Mumtas vs Nandini Satpathy And Ors, it was said that a public prosecutor should not care about whether the accused is found guilty or not. They should only present all the important evidence to the court, no matter if it helps or hurts the accused, so the truth can be found.

Getting Necessary Warrants:

The prosecutor has to go to court to get arrest warrants for suspects and search warrants to collect evidence.

Handling Court Proceedings:

The prosecutor is responsible for managing the legal proceedings in court.

Courts As Functionaries under CRPC

The Courts are another important part of the Code of Criminal Procedure and are part of functionaries under CRPC. There are different types of Criminal Courts, including:

• Courts of Session
• First-class Judicial Magistrates and, in big cities, Metropolitan Magistrates
• Second-class Judicial Magistrates
• Executive Magistrates

The Code of Criminal Procedure clearly explains the roles of these courts and gives them specific powers in Chapter three. Section 26 of the code says that the High Court, Court of Session or other courts mentioned in the First Schedule of the code can handle offences listed in the Indian Penal Code. Sections 28, 29 and 30 talk about the different kinds of punishments these courts can give, which helps the trial process and divides powers among the courts properly. Courts manage the whole trial process and act as a regulatory authority.

Organisation of Courts

Chapter II of the CRPC talks about creating courts and section 6 specifically mentions the different types of criminal courts.

Criminal courts are organised in a hierarchy based on the district level and metropolitan areas. At the lowest level, there are Judicial Magistrates of the 1st and 2nd class or Metropolitan Magistrates and Special Magistrate courts. Above them are the courts of sessions and special courts. The highest level includes the Supreme Court and High Courts, which have the authority to review decisions related to criminal offences.

Powers of Courts

Chapter III of the code explains the powers of the courts, which are as follows:

Power to Handle Cases:

Section 26 gives the High Court, sessions court and other courts mentioned in the 1st schedule the power to handle offences under the IPC.

Power to Give Sentences:

Different courts have different powers to give sentences based on the severity of the punishment:

High Court: The HC can give any sentence according to the law, as per Section 28.

Sessions Court: Established under section 9, they can give any punishment, including the death penalty (with high court approval). Assistant sessions judges, appointed by the HC, can impose any sentence except death, life imprisonment or more than 10 years.

Chief Judicial Magistrate and Chief Metropolitan Magistrate: They can give any sentence except death, life imprisonment or more than 7 years.

Judicial Magistrates and Metropolitan Magistrates: Their powers vary. For example, Judicial Magistrate of 1st class can give up to 3 years imprisonment and a fine up to ₹10,000.

Executive Magistrates: Appointed by the state, they handle administrative tasks.

Power to Delegate Powers:

The State Government and HC can give powers to subordinate officers through Section 32. This can be withdrawn by them too. They can give additional powers to lower authorities.

Power to Question the Defendant:

The court can ask the accused questions and work with the prosecutor and defence counsel to frame questions under Section 313.

Power to Call Witnesses:

The court can ask witnesses to attend, question them and gather evidence under Section 311.

Power to Postpone Proceedings:

Under Section 309, the court can postpone proceedings if there’s a valid reason, which must be recorded.

Power to Prosecute:

If the court believes someone connected to the case has committed a crime, it can start proceedings against them.

The powers of these courts help regulate the trial process and ensure justice is served.

Duties and Functions of Courts

To Resolve Disputes:

The primary role of the court is to listen to both sides of an argument. In criminal cases, if the accused person denies committing the alleged crime, the court’s job is to figure out the truth by comparing the defendant’s explanation with the evidence presented by the prosecutor. The court makes decisions on factual, legal or mixed questions.

To Enforce Decisions:

Enforcement of decisions in criminal cases depends on the nature of the decision that needs to be enforced.

Magistrate’s Duties under Section 3(4):

Judicial magistrates have several responsibilities, including evaluating evidence, transferring cases and making orders that might lead to penalties, imprisonment or other punishments. In contrast, executive magistrates deal with administrative matters like issuing licenses, approving or withdrawing prosecutions and other administrative tasks.

Defence Counsel As Functionaries under CRPC

One of the fundamental principles of natural justice is that both parties must have an equal chance to speak. This principle is particularly important when recording the statement of the accused, as required by Section 313.

Once the trial begins, the accused has the right to be represented by a lawyer. This is crucial because the accused is often not familiar with legal technicalities. In India, following the Anglo-Saxon legal tradition, the state is represented by a public prosecutor in criminal cases, while the defendant is represented by a defence lawyer.

The accused or defendant can hire their own defence lawyer, as stated in Section 303. This right is essential to ensure a fair trial. Article 22 of the Constitution also guarantees the accused’s right to choose a defence attorney.

Article 39a and Section 304 of the CRPC together state that if the accused can’t afford a lawyer, the court will provide one at the state’s expense. Courts have emphasised that the accused should have free legal representation. Any law that denies the accused the right to a defence is against the Constitution, as noted in the case of State of Madhya Pradesh v. Shobharam.

The Legal Services Authorities Act, 1987, also offers free legal help to the economically disadvantaged.

Duties and Functions of Defense Counsel

Investigate and Review Evidence:

The defence lawyer must thoroughly examine all available evidence and aspects of the case to better defend their client.

Defend the Client:

The main duty of the defence counsel is to protect their client’s interests in court. This involves challenging the prosecution’s arguments and presenting counter-arguments.

Keep the Client Informed:

Throughout the legal proceedings, the lawyer must regularly update the client about any new developments in the case.

Prison Authoroties And Correctional Facilities As Functionaries under CRPC

The Criminal Procedure Code doesn’t explicitly include provisions regarding prison authorities, but they have a significant role in ensuring the proper care and custody of prisoners. These officials are appointed by the state government and are responsible for the well-being, safety and security of inmates.

The operational aspects related to the functioning of prison officials are not covered in the CRPC. Instead, the Prisoners Act, 1900 was introduced to define the duties and regulate the actions of prison authorities. This act grants authority to the police in charge to detain convicted individuals.

Duties of Prison Authorities

Custodianship of Inmates:

The primary duty of prison officials is to safeguard the inmates. This may involve using force if necessary to prevent one inmate from harming another or staff members.

Informing Relatives/Guardians:

If an inmate falls ill or is being moved to another prison, it’s the responsibility of prison officials to inform their relatives or guardians about the situation.

Enforcing Detention:

Prison officials are tasked with detaining convicted individuals until their imprisonment term is completed and releasing them as ordered.

Returning Orders and Writs:

After releasing a person who has served their sentence, the prison officials need to ensure that any court orders, writs or warrants related to their detention are returned to the appropriate court.

Rehabilitation and Reformation:

While not strictly required, prison officials should take measures to provide some form of rehabilitation for criminal offenders, helping them reintegrate into society.

Prison authorities play a crucial role in maintaining order and ensuring the rights and well-being of prisoners. The Prisoners Act helps regulate their actions to guarantee a fair and just treatment of inmates.

Conclusion

The Code of Criminal Procedure establishes a framework within which various functionaries operate to uphold justice, maintain order and protect the rights of individuals within the criminal justice system. The functionaries under CRPC  are the Police, Public Prosecutors, Courts, Defence Counsel and Prison Authorities. Each of them have distinct roles crucial to the proper functioning of the legal process.

The Police, acknowledged as a vital authority in the CRPC, possess powers and responsibilities to prevent and investigate crimes. Public Prosecutors, independent statutory officers, ensure the administration of justice by representing the state and guiding the prosecution. Courts, the cornerstone of the system, interpret laws, settle disputes and deliver justice. Defense Counsel, representing the accused, safeguard individuals’ rights and ensure a fair trial, while prison authorities uphold custody and security of inmates in accordance with the Prisoners Act.