Role of the Police, Courts, Prosecution and Witness in Administration Criminal Justice and Penology

Introduction

A multitude of government departments and organizations make up the criminal justice system. The rehabilitation of criminals, the prevention of other crimes, and assistance for victims are all important goals. The police, prosecution and lawyers, courts, and prisons are the key institutions of the criminal justice system.

Penology and Victimology are both concerned with these elements. The Role of the Police, Courts, Prosecution and Witness in Administration Criminal Justice and Penology is a diverse topic on which our most revered Retired Dy. S.P Avinash Mokashi elaborated upon through many case laws and intriguing examples. The modern criminal justice system has evolved from ancient times, with new forms of punishment, increased rights for offenders and victims, and improved police.

Penology is something that has been surrounding us since our childhood, the revered speaker stated. Clarifying the example, he said just when a child falls down, he is picked up by his parents and the ground is stomped/beaten and the child immediately stops crying, feeling satisfied in the process. The spirit of penology as well as the justice system is to create that atmosphere of satisfaction and balance. He categorized his lecture by bifurcating it into 3 parts:

• General Definitions
• The Indian Perspective of Criminal Justice System
• The Execution by the Police and The Prosecution along with the way forward

General Definitions of Penology and Victimology

Penology is a branch of criminology that deals with society’s thought and practice in the fight against criminal activity. When someone is found guilty of stealing money, for example, there is a standard punishment. The major part of penology lies in its deterrent and reformative aspects, as stated by the speaker. The notion or theory of deterrence is that the prospect of punishment will prevent individuals from committing crimes, lowering the likelihood and/or amount of crime in society. According to the reformative aspect, the goal of penalization should be to reform the criminal through an individualization technique.

Victimology is the study of the connection between a victim and an offender, focusing on the causes and nature of the resulting suffering. Victimology examines whether the offenders were strangers, acquaintances, friends, family members, or even intimates, as well as why a certain person or location was targeted. It concentrates on the victim and the circumstances surrounding his or her death.

Characteristics of Penology

• to uncover the ethical foundations of punishment, as well as the motivations and goals of society in inflicting it
• to conduct a comparative study of penal laws and procedures throughout history and across nations
• to assess the social consequences of current policies.

Importance of Penology in the Administration of Criminal Justice

Penology is important in the administration of criminal justice because it takes a positive approach to treating criminals in order to reform and rehabilitate them as productive members of society. It investigates the effectiveness of those social processes devised and adopted for the prevention of crime, via the repression or inhibition of criminal intent via the fear of punishment.

The speaker demonstrated that how it is upon the law makers or the judges whether an order will suffice for a particular crime and will the same will reduce the mental pain of the victim. Giving an example he stated that when a girl is raped, the relatives condemn in the front of the [press that the culprit should be hanged. So in such situations, it’s upon the judges to find a punishment which satisfies the victim and also upholds justice.

Criminal Justice System in India

Before explaining on this topic, the speaker began with a very befitting quote– “Law is a common sense but common sense is not commonly found”. And it is the reason why there are so many laws in every aspects and the number of laws keeps on increasing. For example, a person parks a four wheeler in the middle of the road after which there is a quarrel amongst other drivers, leading to a raucous situation. All the while the same person keeps on justifying his wrongdoing. Therefore, it becomes necessary for law to intervene and bring back the balance of peace.

The organization, functions, and decision or procedures of agencies that deal with crime prevention, investigation, prosecution, sentencing, and correction are referred to as the criminal justice system. The criminal justice system is a confederation of entities that perform various responsibilities and are funded, governed, and operated independently of one another. Despite their independence, the criminal justice system’s agencies are interconnected because what one agency does impacts the other.

Aims of Criminal Justice System

• To punish transgressors and offenders.
• To prevent the recurrence of crime.
• To rehabilitate offenders and transgressors.
• To provide as much compensation to the victims as feasible.
• To sustain society’s law and order.

Components of Criminal Justice System in India

The key components of the justice system are police, courts, and corrections for prevent or discourage crime by apprehending, prosecuting, and punishing criminals.

Police departments: are government entities tasked with maintaining order, enforcing criminal laws, and providing services. In criminal investigations, they work alongside prosecutors to acquire evidence that will lead to convictions in the courts.

Courts: are tribunals where people suspected of breaking the law are brought before juries or judges to have their criminal liability established. The courts exist to serve two purposes: to seek justice and to uncover the truth. Prosecutors, defense attorneys, and judges are the main players in the courts.

Corrections: Probation, parole, jail, prison, and a range of innovative community-based punishments, such as electronic monitoring and home arrest, are all examples of corrections. The goals of correctional institutions are to punish, rehabilitate, and protect the public.

Functions of Government Bodies and Relationship between Police, Courts and Corrections

The legislative, judicial, and executive departments of government constitute the system’s essential foundation.

The Legislature defines crimes, set sentencing guidelines, and finance criminal justice agencies.

The Executive branch is the highest level of government. The president, governors, and ministers all have executive powers. They have the authority to nominate judges and heads of agencies, such as police chiefs and directors of departments, in criminal justice affairs. Furthermore, by presenting legislative agendas and rallying public opinion, elected leaders may lead attempts to enhance criminal justice.

The Judiciary: Trial courts adjudicate (make decisions on and proclaim) the guilt of those accused of crimes, whereas appellate courts interpret the law based on constitutional principles. State and  appellate courts examine legislative actions to see if they are within the bounds of state law, central law, and, ultimately, the Indian Constitution.

Powers and the Role of Police in Criminal Justice System

The powers of the police in administration of criminal justice are extensive, and the majority of them are governed by the Code of Criminal Procedure Act of 1973. The police are the most visible and important link between the people and the government. The speaker stated that the Police have two major fuctions:

• To protect the life of Common Man
• To protect the property of Common Man

In addition, taliking about role of Police in Criminal Justice System, they are responsible for maintaining peace and order, patrolling, crime prevention, and investigation in a certain jurisdiction. The primary goal of an investigation is to learn as much as possible about the case’s facts and circumstances.

The role of Police in Criminal Justice System encompasses all of a police officer’s efforts to gather evidence, including going to the scene; ascertaining facts and circumstances; discovering and arresting the suspected offender; and gathering evidence relating to the commission of the crime, which may include questioning various people, including the accused, and recording their statements in writing, as well as searching places or seizing items deemed necessary for the investigation and to be produced. A police report to the magistrate concludes the investigation.

The Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872 are the three principal legislation that govern criminal law in India.

Under Section 154 of the Code of Criminal Procedure, 1973, an official in charge of a police station has the authority to file a FIR (First Investigation Report). Sections 149, 150, and 151 of the Criminal Procedure Code mandate the police take preventative steps.

According to Section 151(1) of the Criminal Procedure Code, a police officer who has knowledge of or receives a design that has the potential to commit any cognizable offence may arrest that person without a warrant or the orders of a Magistrate if the police officer believes that the commission of the offence cannot be prevented in any other way. Section 150(3) also provides a similar power but to the extent of 15 days.

According to the speaker, this part is the most deadly item in the arsenal of police personnel. The full process of filing a report is detailed in sections 154 to 173.

Relationship Between Police and Prosecution in India

The police have the authority to conduct investigations in order to bring suspects to justice, whereas prosecutors have the authority to review the police investigation and to dispose of the case for the prosecution in accordance with the law. The speaker explained how police investigators often develop a sense of exclusivity after completing an investigation procedure, and believes that they are responsible for the whole investigative area. As a result, any outside counsel or instruction is regarded as intrusive and unneeded.

Prosecutors with a jurisprudence background tend to take a more legalistic approach to treating police files, since they are more sensitive to human rights, the rule of law, and due process. It is extremely frustrating for investigators when prosecutors release an apprehended suspect on the grounds that the conditions for holding the suspect in custody have not been met, or when investigative action, despite the significant time and effort required, results in the dismissal of the case. In the instance of Salman Khan and the accident, for example, he was acquitted due to a lack of evidence.

Analysis of Criminal Justice System

• The sound and effective operation of the criminal justice system is essential to the existence of a peaceful society. The law of the country must adapt to the needs of changing times and the complexities of criminal offences. There should be a greater debate among all stakeholders to develop effective provisions so that the interests of justice are served and served correctly, with no innocent people being prejudiced or excluded, resulting in a miscarriage of justice.
• Similarly, law’s established standards and processes must reach the ordinary man, and civil society’s involvement in this endeavor is critical. Furthermore, it is necessary to expedite police reforms, increase forensic evidence-based investigation, and emphasize sophisticated scientific analysis, all of which must be strengthened and updated to meet current needs. To assist the process of securing justice, the judiciary’s infrastructure issues must be solved.
• I gathered from the lecture that prosecutors’ advice to police investigations is required for the rule of law to be realized in a democratic society. Prosecutors, on the other hand, are highly competent legal minds. Modern police forces are highly professional and well trained. Due to the rising complexity and variety of crime that has emerged in modern society, it is clear that police and prosecutors are becoming increasingly mutually reliant. In this context, it is important to remember that the development of new forms of cooperation between the police and prosecutors should not be viewed as a convenience adjustment; rather, such developments should be viewed as entrusted roles of the police and prosecutors in the pursuit of the rule of law. The relationship between the police and prosecutors is ideally conflicted. As a result, tight coordination between the police and prosecutors should only be created on the basis of such a difficult, but constructive, relationship[1].
• Some of the recent changes in the judicial delivery system to seek restitution and provide justice to the poor that have occurred in the last few years are worth highlighting. Mr. Amit Shah, the Union Home Minister, has asked for comments on how to make India’s criminal laws more people-centric. The Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act are all under consideration by the government. Experts voiced severe concerns about the slow pace of reforms in India’s Criminal Justice System at a recent meeting of the National Human Rights Commission (NHRC) conference.
• In addition, police preventative action should be used with extreme prudence[2]. Every error of wrongly accusing an innocent person goes against the rule of law and natural justice principles. As a result, the police should not abuse these rules, and those who do should face severe legal consequences.
• The need of exercising caution and avoiding misuse in the justice delivery system cannot be overstated. For paradigm shifts in jail reforms, treatment of under-trials, and victim rehabilitation, efforts by the country’s superior courts to bring fresh substance to criminal justice are required.

Conclusion

Currently, the criminal justice system is a maze of disparate entities acting in opposition to one another. The delivery of justice is slowed, and this might lead to a miscarriage of justice. The current state of the criminal justice system presents the administration with several issues. However, the Indian criminal justice system is severely underfunded and understaffed, and it continues to move at a glacial pace. In India, there exist a relationship between police, courts and corrections.

The speaker was correctly stated that in every democratic civilized society, this system is meant to give the greatest sense of security to the general public by efficiently, promptly, and lawfully dealing with crimes and offenders. More specifically, the goal is to minimize societal criminality by guaranteeing maximum detection of reported offences, prompt conviction of accused people, imposition of suitable sanctions on the convicted to satisfy the goals of justice, and prevention of recidivism.

End Notes

[1] Chakrabarthi, N.K. (1999). Institutional Corrections in the Administration of Criminal Justice . New Delhi: Deep & Deep Publications Pvt. Ltd.

[2] Thilagaraj, R. (1988). “ Role of police, juvenile court and correctional institutions in the Implementation of Juvenile Justice Act 1986 ”, Journal of the Madras University, Vol. LX. pg no 44–48 .

The article has been contributed by Baibhabi Tripathy, student at Symbiosis Law School.