Criminal Justice System PDF

Unit 1. Introduction The evolution of CJS occurred in the ancient period when there was no concept of criminal justice and crime. The victims and wrongdoers settled disputes by retaliation and revenge. The idea of morality was that if everyone killed each other, then it was not justice. Then, a...

Unit 1. Introduction The evolution of CJS occurred in the ancient period when there was no concept of criminal justice and crime. The victims and wrongdoers settled disputes by retaliation and revenge. The idea of morality was that if everyone killed each other, then it was not justice. Then, a code was formed. King rule came, and the king said that would follow during the Gupta dynasty and the Mauryan. The medieval period in this Quran was followed by Mughal rule. Kazie and mufti were judges; they gave punishment and judgment. Then, the local government formed a court system or panchayat system like today..British period they were the first to establish a modern criminal justice system. in India. They established the first law commission after the Indian police act was made. It was the First Comprehensive Act of the Indian Police Act 1861 of Criminal Justice In India.. Post-Independence Period- in this, we divide C.J.S Into Three parts Police Judiciary Prison. Unit 2. Legislation.Rajya Sabha - Consists OF 250 members 12 directly nominated by the president and 238 left by state members. State Legislative Assembly elects their member to represent in Rajya Sabha. To become Of Rajya Sabha, the minimum age criteria is 30 years. India's vice president becomes chairman of Rajya Sabha. The Deputy Chairman is elected among members of Rajya Sabha Only. The senior Member will be the leader of the house..Lok Sabha—It consists of 552 members. The president of the Anglo-Indian community elects two seats. The minimum age criteria is 25. The Speaker And Deputy Speaker Are Elected by members of the Lok Sabha only. The prime minister is the Leader Of the Lok Sabha..Three Types Of Witness are There- 1. Eye Witness 2. Character Witness- Character of Person If He Has Committed Crime Before Or From Which Background He Belongs. 3. Expert Witness. Parole- Early release of a prisoner from jail on condition that they follow certain rules or Can be returned to prison. Unit 3. Policing India's police system is a blend of ancient, Mughal, and British law enforcement methods. The Police Act of 1861 laid the groundwork for the present police structure in India. The police's duties include upholding public order, thwarting and probing crimes, and guaranteeing community safety. Functions Of Police:- Preventing crime involves the police collecting information and looking into criminal activities. They are the initial contact in the criminal justice system. Apprehending offenders: Police detain criminals, gather evidence, and question the suspects. Public order maintenance involves the police being accountable for preserving public order and fostering positive interactions with the community. Assisting in criminal cases: The police aid in the criminal trial proceedings. Offering protection: The police offer security for key individuals and crucial facilities. Assisting in times of need: The police assist in emergencies, including natural disasters. Regulating traffic: Traffic is controlled by the police. Aiding in government initiatives: The police help in carrying out government programs. Cognizable Offence:- These are serious crimes where the police have the authority to register a First Information Report (FIR) and investigate the matter without prior approval from a magistrate. Examples: Murder, rape, kidnapping, theft, dacoity, and grievous assault. Non-Cognizable Offence:- This is a type of criminal offense in which the police do not have the authority to register a First Information Report (FIR) or to carry out an investigation without prior approval or direction from a magistrate. Examples: Defamation, Public nuisance, Assault (not leading to grievous hurt), Cheating (minor forms), Forgery, Misconduct in public by a drunken person. Chargesheet:- A chargesheet is a written report submitted by the police or law enforcement authorities in India once they have gathered sufficient proof against a suspect. The accused is charged for specific crimes mentioned in the FIR in the chargesheet based on the information provided in the FIR. A chargesheet, as defined under Section 173 CrPC. Salient Features Of Chargesheet:- 1. The Name Of Court Should Be Mentioned. 2. Chargesheet Number Should Be Mentioned. 3. Sections And Acts Should Be Mentioned. 4. Name Of Investigating Officer. 5. Details Of Evidence, Forensic Reports, Witness Statement Should Be Mentioned. 6. Details Of Accused Should Be Mentioned. Unit 4 The Judicial System Supreme Court Of India:- Structure Of Supreme Court- It Is The Apex Judicial Authority Of India, It Was Established under Art 124 of the constitution it is located in New Delhi and serves as the final court of appeal in the country. Composition- The strength Of the Supreme Court Is The Chief Justice And 33 Other Judges. Judges Of The Supreme Court Are Appointed By The President Of India Upon The Recommendation Of The Collegium System, which is A System Under Which Appointments And Transfer Of Judges Are Decided By A Forum Of the Chief Justice of India and four other senior judges of the court. Qualification And Tenure- The Judge Must Be a citizen Of India He Or She Must Have Served As A High Court Judge For at least 5 Years Or be an Advocate For a high Court For At least 10 Years Or IS Directly Recommended By the President, The tenure Extends Until The Judges Turned 65 years. Removal Of Judges- Can Only Be Removed On the Grounds Of proven misbehavior Or Incapacity By the third Majority in Both Houses of Parliament. Functions Of Supreme Court:- 1. Constitution Jurisdiction:- i. Solves Dispute Between Two States [Article 131] ii. Interprets The Laws Of the Constitution 2. Appellate Jurisdiction:- Here Criminal And Civil Cases From High Courts, Tribunals, And Other Lower Courts [Article 132,133,134] 3. Advisory Jurisdiction:- President Of India Can Seek Advice From The Supreme Court On Legal Or Constitutional Matters [ Article 143] 4. Writ Jurisdiction:- It Has The Power To Issue Writs Under Article 32 To Protect The Fundamental Rights The Writs Are:- a. Haves Corpus b. Mandamus c. Prohibition d. Quo Warranto e. Certiorari 5. Judicial Review:- They Can Change Laws In the Constitution Until And Unless It Does Not Violate Basic Structure. 6. Pil Judgement:- Individuals And citizens of India Can Bring Before The Court Issues Of Public Concern. High Court Of India:- Structure Of the High Court- It Is The Apex Judicial Authority Of the State and union Tertiary, It Was Established Under Art 214 Of The Constitution and is Located In Every Capital Of the State Of India. Composition- Each High Court has a chief justice and a variable number of judges as sanctioned by the president it depends upon the population of the state. Judges of the high court are appointed by the president of India in consultation with the governor of the state, and the chief justice of India under respective high courts. Qualifications and tenure: any judge must be a citizen of India. They must have served as an advocate in a high court for at least 10 years or have been a judicial officer in India for 10 years. All judges of the high court serve till 62 years of age. Removal of judges: Can Only Be Removed On the Grounds Of Proven Misbehavior Or Incapacity By the Third Majority in Both Houses of Parliament. Functions of the High Court: 1. Original jurisdiction: in cases such as wills, divorce, company laws, and cases related to maritime issues. Some high courts (Mumbai, Chennai, and Kolkata) have jurisdiction over civil and criminal cases up to certain local areas 2. Appellate jurisdiction: both civil and criminal cases can be decided as appealed by the lower courts 3. Supervisory jurisdiction: over all subordinate courts and tribunals within their jurisdiction (article 227). it guides and regulates the functioning of; lower courts, ensuring they operate within legal parameters. 4. Writ jurisdiction: can issue writs (article 226) for any violation of legal or fundamental rights. 5. Judicial Review: can review laws, and government orders, ensuring that they comply with the constitution. 6. Public Interest Litigation: Individuals And citizens of India Can Bring Before The Court Issues Of Public Concern. These include environmental issues, issues with cultural heritage, etc. District Court:- 1. Discuss Civil Matters And Appeals. 2. Cases Include Property Displacement Contract Enforcement etc. 3. Also Resolves Civil Issues From Lower Court. 4. Composed Of District Judge and Other Sub-Ordinate Judges. Criminal Court:- 1. Jurisdiction Includes Criminal Offences Under BNS and Other Criminal Laws. 2. Discusses Matters Related To Criminal Cases. 3. Offences Like Thefts, Assault, Murder And Other Crimes. 4. Punishment And Justice For Criminal Acts. 5. Sessions Judge, Chief Judicial Magistrate. Family Court:- 1. Family and matrimony disputes such as divorce, child custody, and maintenance. 2. Exclusive Jurisdiction For Family And Traditional Disputes Within A Specified Area. 3. Divorce, Alimony, Child Custody, Guardianship And Maintenance. 4. Amicable Resolutions Of Family Disputes Through Reconciliation And Meditation. 5. Judicial Officers And Mediators. Juvenile Justice Board:- 1. Established By The Juvenile Justice [ Care And Protection Of Children] Act 2015. 2. Consists Of a Principal Magistrate Who Is A Judicial Officer And Two Social Workers One Of Whom Must be A Women And One who Having Experience With Juvenile Cases. Functions Of Juvenile Justice System:- 1. Trial Of Juvenile Case 2. Rehabilitation And Reformation Of Juvenile 3. Counselling Of Juvenile Offenders And Victim 4. Protection Of Rights Of Juvenile Criminal Trails:- Process Involved:- Registration Of Fir, Investigation, Framing Of Charges, Chargesheet Submission, Criminal Trial [ Court Trial, Court Proceeding] Acquittal:- If The Courts Find The Evidence Insufficient Or Doubt The Prosecution Case The Accused Is Considered Not Guilty. Conviction:- If The Court Finds The Accused Guilty Beyond A Reasonable Doubt The Accused IS Convicted And Punished. Punishment Of Three Types:- 1. Imprisonment 2. Fine 3. Death Penalty Unit 5. CORRECTIONAL SYSTEM:- EVOLUTION:- In the medieval age, there was no concept of corrections or prisons as we know it today. Punishment was given based on religious norms and codes. The correctional practices in India date back to the Mauryan period when emperor Ashoka made prisons mainly for people who committed petty thefts or prisoners of war. The 18th century was the age of enlightenment with thinkers like Cesare Beccaria and Jeremy Bentham. They talked about the treatment of prisoners, forms of punishment, and how prisons should be made. In India, the British conducted the 1st modern prison at Fort William in Calcutta (1818). they mainly focused on punishment rather than reformation. In the 1960s and 70s, the prison system focused on the reintegration of prisoners into society through rehabilitation. At the end of the 20th century, with the rise of globalization and concepts of human rights, the government looked into practices that included prisoners' welfare, rehabilitation, skill development, and reconnection with society after the period of punishment was over. Today these concepts exist only in theory and the Indian prisons continue to face problems like overcrowding, inadequate infrastructure, human rights abuse, etc. Currently, the administration of prisons is governed by the state governments, the Prisons Act of 1894, and prison manuals. there are three training centers for police personnel in India 1. academy of prison and correctional administration, Vellore 2. institute of correctional administration, Chandigarh 3. regional institute of correctional administration, Kolkata Simple Imprisonment:-Simple imprisonment is a form of punishment in which an individual is confined in a prison without being subjected to hard labor. It is typically imposed for minor offenses or less severe crimes and is considered less harsh compared to rigorous imprisonment, which involves mandatory physical labor. Rigorous Imprisonment:- is a form of punishment in which the convict is not only confined in prison but is also required to perform hard labor as part of their sentence. It is considered a harsher form of imprisonment compared to simple imprisonment. Types of prisons: There are multiple types of prisons, including: Central prison: the highest form of correctional institution that is directly controlled by the central government. District Jail: The main prison in some states and union territories, with a capacity of around 500 inmates Sub-Jail: A jail with a capacity of around 200 inmates Women Jail: A jail for female prisoners that can be found at the sub-divisional, district, and central levels Borstal School: A school for the rehabilitation, welfare, and care of young offenders Open Jail: an open institution is characterized by the absence of material and physical precautions against escape such as walls, locks, bars, and armed guards etc and by a system based on self-discipline and an innate sense of responsibility towards the group in which the prisoner lives. (UN Congress on Prevention of Crime and Treatment of Offenders, Geneva 1955) Maximum Security Prison: Also known as a high-security prison, these prisons house criminals with violent criminal histories or who have committed violent crimes while incarcerated Medium Security Prison: These prisons have a lot of security measures in place, but inmates have more opportunities to leave their cells and attend treatment programs Minimum Security Prison: These prisons have the least amount of security, and some inmates are allowed to work in work camps outside the prisons Right To Legal Aid the right to legal aid ensures that prisoners have access to legal representation, especially for those who come from economically and socially backward classes. Section 341 of BNSS provides for legal aid at the expense of the state in criminal cases. The same concept is written in Article 30A of the Constitution. Right to speedy trial it ensures that prisoners are not subjected to prolonged detention during their trial process. Article 21 of the constitution guarantees the right to life and personal liberty including the right to speedy trial. Section 346 of BNSS directs the court to avoid unnecessary prolongment and conduct trials quickly.