CBSE CLASS VIII

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2. CRIMINAL JUSTICE
Criminal justice is the system of practices
and institutions of government directed at
upholding social control, deterring and
mitigating crime or sanctioning those
who violate laws with criminal penalties
and rehabilitation efforts. Those accused
of crime have protections against abuse
of investigatory and prosecution powers.
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3. • POLICE
• PUBLIC PROSECUTOR
• DEFENCE LAWYER
• JUDGE
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5. POLICE
• The primary functions of law enforcement
officials is that of an impartial
investigator and protector of public safety.
• Police officers or sheriff deputies are the
first to respond to the crime scene and
first to have contact with victims. The
initial information the victim provides to
law enforcement is the most critical factor
in solving a crime.
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6. • You can think of police as a "gateway"
into the criminal justice system.
• It is the most important step as they are the
ones responsible for subduing the offender,
decide what charges will be filed,
collecting evidence, and writing down any
other information that can be used to
further incriminate the suspect or help the
investigation (in the case that nobody was
caught
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7. ROLE OF PUBLIC
PROSECUTOR …
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8. PUBLIC PROSECUTOR …
 The Role of the Public Prosecutor in Court
When a criminal case has not been waived or settled
out of court, the prosecutor will summon the suspect
to appear in court.
 The summons comprises the charge and a list of
witnesses to be crosschecked.
 The prosecutor may decide to charge the suspect with
a less serious offence (e.g. by disregarding
aggravating circumstances) despite the existence of
sufficient evidence to charge the suspect with a more
serious crime, or may limit the charge to some
offences committed by the suspect.
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9. The court is informed in an informal way
about the other offences committed . For
the sentence to be imposed, the court may
consider these non-charged offences,
provided that the suspect does not deny
and the offence can be proved.
The trial stage begins, as soon as the
prosecutor has issued a summons.
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10. Defence lawyer …
A criminal defence lawyer works
with the defendant to develop the
best way to minimize the
consequences of any unlawful
activity the client may have been
involved in.
If the client is innocent, it is the job
of the criminal defense lawyer to
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11. A criminal defence lawyer may also
help to customize a sentence for the
defendant that will help to keep them
out of future trouble - most often the
case in juvenile or family court cases.
A good criminal defence lawyer knows
the ins and outs of the local court
circuit. He or she should know which
tactics work for which judges when
trying to reduce sentences or even get
the case thrown out.11/17/2016 sonawane11jan@rediffmail.com 11

12. Role of Judge …
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13. Judge …
Judges play many roles.
 They interpret the law, assess the evidence
presented, and control how hearings and trials
unfold in their courtrooms.
 Most important of all, judges are impartial
decision-makers in the pursuit of justice. We
have what is known as an adversarial system of
justice - legal cases are contests between
opposing sides, which ensures that evidence and
legal arguments will be fully and forcefully
presented.
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14.  The judge, however, remains above the fray,
providing an independent and impartial
assessment of the facts and how the law applies
to those facts.
 Many criminal cases - and almost all civil ones
- are heard by a judge sitting without a jury.
 The judge is the "trier of fact," deciding
whether the evidence is credible and which
witnesses are telling the truth.
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15. Article 22
 Article 22 in The Constitution Of India 1949 - 22.
Protection against arrest and detention in certain cases
 No person who is arrested shall be detained in custody
without being informed, as soon as may be, of the grounds
for such arrest nor shall he be denied the right to consult,
and to be defended by, a legal practitioner of his choice
 Every person who is arrested and detained in custody shall
be produced before the nearest magistrate within a period
of twenty four hours of such arrest excluding the time
necessary for the journey from the place of arrest to the
court of the magistrate and no such person shall be
detained in custody beyond the said period without the
authority of a magistrate
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16. Article 39 A
39A. Equal justice and free legal aid.
The State shall secure that the operation
of the legal system promotes justice, on a
basis of equal opportunity, and shall, in
particular, provide free legal aid, by
suitable legislation or schemes or in any
other way, to ensure that opportunities for
securing justice are not denied to any
citizen by reason of economic or other
disabilities.
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17. D K Basu Guidelines
 The Hon’ble Supreme Court, in D.K.Basu Vs State of
West Bengal, has laid down specific guidelines required to
be followed while making arrests.
 The principles laid down by the Hon’ble Supreme Court
are given here under:
 The police personnel carrying out the arrest and handling
the interrogation of the arrestee should bear accurate,
visible and clear identification and name tags with their
designations. The particulars of all such police personnel
who handle interrogation of the arrestee must be recorded
in a register
 The person arrested must be made aware of his right to
have someone informed of his arrest or detention as soon
as he is put under arrest or is detained
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18.  The time, place of arrest and venue of custody of an
arrestee must be notified by the police where the next
friend or relative of the arrestee lives outside the
district or town through the Legal Aid Organization in
the District and the police station of the area
concerned telegraphically within a period of 8 to 12
hours after the arrest.
 The person arrested must be made aware of his right
to have someone informed of his arrest or detention as
soon as he is put under arrest or is detained
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19.  That the police officer carrying out the arrest shall prepare
a memo of arrest at the time of arrest and such memo shall
be attested by at least one witness, who may be either a
member of the family of the arrestee or a respectable
person of the locality from where the arrest is made. It
shall also be counter signed by the arrestee and shall
contain the time and date of arrest.
 A person who has been arrested or detained and is being
held in custody in a police station or interrogation centre or
other lock up, shall be entitled to have one friend or
relative or other person known to him or having interest in
his welfare being informed, as soon as practicable, that he
has been arrested and is being detained at the particular
place, unless the attesting witness of the memo of arrest is
himself such a friend or a relative of the arrestee.
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20. Thank you …
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