→ After a person is arrested, it is a court of law that decides whether the accused person is guilty or not.

• According to the Constitution, every individual charged of a crime has to be given a fair trial.
• According to Article 22 of the Constitution, ‘ every person has a Fundamental Right to be
  defended by a lawyer.
• Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability.

→ What is the Role of the Police in Investigating a Crime?

• One important function of the police is to investigate any complaint about the commission of a crime.
• An investigation includes recording statements of witnesses and collecting different kinds of evidence.
• Police investigations always have to be conducted in accordance with law and with full respect for human rights.

→ Article 22 of the Constitution and criminal law guarantee to every arrested person the following Fundamental Rights:

• The Right to be informed at the time of arrest of the offence for which the person is being arrested.
• The Right to be presented before a magistrate within 24 hours of arrest.
• The Right not to be ill-treated or tortured during arrest or in custody.
• Confessions made in police custody cannot be used as evidence against the accused.
• A boy under 15 years of age and women cannot be called to the police station only for questioning.

→ What is the Role of the Public Prosecutor?

• A criminal offence is regarded as a public wrong.
• What is meant by this is that it is considered to have been committed not only against the affected victims but against society as a whole.
• In court, it is the Public Prosecutor who represents the interests of the State.
• As an officer of the court, it is his/ her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.

→ What is the Role of the Judge?

• The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law.
• If the accused is convicted, then the judge pronounces the sentence.

→ What is a Fair Trial?

• A fair trial ensures that Article 21 of the Constitution is upheld.
• For a trial to be fair, several different procedures have to be observed. Article 21 of the Constitution that guarantees the Right to Life states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure.
• It is significant that the judge decided the matter only on the basis of the evidence before the court.
• All need to work to ensure that every citizen, irrespective of their class, caste, gender, religious and ideological backgrounds get a fair trial when accused.
• The rule of law which says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution.

JAC Class 8 Social Science Notes