Criminal justice system of India:
The system that deals with agencies of government that are responsible for enforcing the law in the country, maintaining peace and harmony and treating criminal conduct is known as the criminal justice system.
Steps of Criminal Justice System
1. Crime Occurrence
A criminal act takes place and is reported to the police or discovered by law enforcement.
2. Investigation
Police officers and forensic experts collect evidence, interview witnesses, examine the crime scene, and identify suspects.
3. Arrest of Suspect
If sufficient evidence is found, the suspect may be arrested by the police.
4. Filing of Charges
The prosecutor reviews the evidence and decides whether criminal charges should be filed.
5. Initial Appearance / Bail Hearing
The accused appears before a court. The judge informs them of the charges and may decide bail conditions.
6. Trial Process
Both prosecution and defense present evidence, witnesses, and arguments before the court.
7. Judgment / Verdict
The judge or jury decides whether the accused is guilty or not guilty.
8. Sentencing
If found guilty, the court gives punishment such as imprisonment, fine, probation, or community service.
Prosecution and Defense Lawyer
Prosecution: refers to the process of bringing a criminal case against someone. During trial, the prosecution presents evidences and witness against the suspect on trial.
Defense lawyer: represent an individual, group, or organization accused of particular case. They protect their client’s rights, navigate the legal system.
The questioning of a witness by parties in case and by the Court for discovering relevant facts and proving or disproving issues in dispute.
The examination of witnesses in Court mainly consists of three stages:
Examination-in-chief
Cross-examination
Re-examination
In the Bharatiya Sakshya Adhiniyam, 2023, the provisions relating to examination of witnesses are mainly covered under section 143 BSA.
Examination-in-Chief – conducted by calling party
Examination-in-chief is the examination of a witness by the party who calls that witness before the Court.
The object of this examination is to elicit the truth, to prove the fact which bear upon the issues in favour of party calling the witness.
The witness can give evidence of fact only (means they can only share what they have seen, saw, listen to etc.)and no evidence of law (they can not give their own opinions).
Cross-Examination – conducted by opposing party
Cross-examination is the examination of a witness by the adverse or opposite party.
A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness.
If examination properly conducted, it is one of the most useful means of discovering the truth.
Leading questions can be freely asked in examination.
Re-Examination – conducted by calling party
Re-examination is the examination of a witness again by the party who originally called the witness after cross-examination.
Purpose is to only to get clarification of some doubts created in cross-examination.