Understanding Our Criminal Justice System Test - 4

The judge is like an umpire in a game and conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. 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. He may send the person to jail or impose a fine or both, depending on what the law prescribes.

In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police has conducted the investigation and filed the charge-sheet in the court. He/she has no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf 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.

IPC Stands for Indian penal code extends to the whole of India and is an extensive law that covers all the substantive aspects of criminal law from nuisance at public places to murder, rape etc. It was enacted in 1862 and came into force in 1862 during the british rule.

Article 22 of the Indian Constitution and Criminal law guarantee to every arrested person the following fundamental rights:-

• The Appellate jurisdiction of the Supreme Court in appeal from High Courts in regard to civil matters pertain only to cases involving substantial questions of law as to the interpretation of the Constitution.

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. A fair trial ensures that Article 21 of the Constitution is upheld. The Constitution and the law both state that all of the persons should carry out their roles in a proper manner. What this means is that they all need to work to ensure that every citizen, irrespective of their class, caste, gender, religious and ideological backgrounds gets 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.

A. V. Dicey is the most widely known author of "Introduction to the study of the law of the constitution". Dicey viewed the necessity of establishing a stable legal system. He considered that a stable legal system is necessary to stop the injustice occur from following unjust law. In modern times the rule of law was propounded by A. V. Dicey.

The trial held in the presence of the accused and held in an open court is known as fair trial. In fair trial the advocate has given an opportunity to cross-examine all the prosecution witnesses. A fair trial is the best means of separating the guilty from the innocent and protecting the innocent from injustice.