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Organs of the criminal justice system

Main functionaries of CJS

 Police
 Judiciary
 Corrections
Police

 Enforce the law


 Investigate cases
 Apprehend offenders
 Maintain public order
 Protect rights of people
 Collect evidence
 Keep peace
 Prevent Crime
 Provide social service
Police Set Up
 State police forces generally have two arms: civil and armed police.
 The civil police is responsible for day-to-day law and order and crime
control.
 Armed police is kept in reserve, till additional support is required in
situations like riots.
 Every state is divided into various field units for the purpose of effective
policing: zones, ranges, districts, sub-divisions or circles, police stations and
outposts.
 A police district is an area declared so by the state government. It is
considered the most important supervisory and functional unit of police
administration because the officer in charge of the district
 A police station (typically headed by an Inspector or Sub-Inspector) is the
basic unit of police functioning. It is engaged with: (i) registration of crimes,
(ii) local patrolling, (iii) investigations, (iv) handling of various law and order
situations (e.g., demonstrations and strikes), (v) intelligence collection, and
(vi) ensuring safety and security in its jurisdiction.
Hierarchy of police
 Director General of Police (DGP)
 Addl. Director General of Police (ADGP)
 Inspector General of Police (IG)
 Deputy Inspector General of Police (DIG) Officer rank 1%
 Senior Superintendent of Police (SSP)
 Superintendent of Police (SP)
 Addl. SP
 Deputy/ Asst. Superintendent of Police (DSP/ASP)
 Inspector of Police
 Sub Inspector of Police (SI) Upper Subordinate
 Assistant Sub-Inspector of Police 13%
 Head Constable
 Constable
Courts

 Place where disputes are settled


 Application of law to the issue at hand
 Sentencing the guilty person

 Three main courts


 District Court
 High Court
 Supreme Court
Components of court
 Judge
 Public Prosecutor
 Defense lawyer
Public Prosecutor

 Lawyers who represent the state and conduct criminal cases


against defendant
 Role of prosecutor starts once the charge sheet is filed by the
prosecutor
 He conducts the prosecution on behalf of the police
investigation.
 It is his duty to be present all the facts, witness, evidence
before the court
 Right to have a speedy trial
Correction
 Rehabilitate and reform offenders
 Protect the community
 Humane custody
Hierarchy of Prisons

 DGP
 IGP
 Addl. IGP
 SP
 DSP
 Assistant Superintendent of Prisons
 Head Warden
 Warden
Hierarchy of Prosecution

 Director of Prosecution
 Public Prosecutor
 Chief Public Prosecutor
 Additional Public Prosecutor
 Assistant Public Prosecutor
Judiciary

 Judge is like an umpire in court


 Hears all the witnesses and see evidence presented by both
parties
 Judge decides whether accused is guilty or innocent
 On conviction, a sentence is also passed
 May send the person to jail or impose a fine or both
Purpose of CJS
Imparting justice
Controlling crime
Preventing crime
Steps in the criminal justice process

 Investigation
 Arrest
 Prosecution
 Filing of an information by the prosecutor
 Arraignment by a judge
 Pre-trial detention or bail
 Plea Bargaining
 Trial/adjudication of guilt
 Sentencing
 Appeals
 Punishment or rehabilitation
Improving the CJS in India
 Simplify rules and procedures
 Repealing outdated laws
 Criminal Law Amendment
 Police as investigative agency
 Judicial accountability
 Appointment, promotion and transfer of judges
 Average Judge – population Ratio
 Perjury and Contempt of Court
 Efficient Public Prosecutors
 Transparency
 Time bound filling of vacancy in judiciary
Functions of the Police in General

 (a) to uphold and enforce the law impartially, and to


protect life, liberty, property, human rights, and dignity
of the members of the public;
 (b) to promote and preserve public order;
 (c) to protect internal security, to prevent and control
terrorist activities, breaches of communal harmony,
militant activities and other situations affecting Internal
Security;
 (d) to protect public properties including roads, railways,
bridges, vital installations and establishments etc.
against acts of vandalism, violence or any kind of attack;
 e) to prevent crimes, and reduce the opportunities for the
commission of crimes through their own preventive
action and measures as well as by aiding and
cooperating with other relevant agencies in implementing
due measures for prevention of crimes;
 (f) to accurately register all complaints brought to them by a
complainant or his representative, in person or received by
post, e-mail or other means, and take prompt follow-up action
thereon, after duly acknowledging the receipt of the complaint;
 (g) to register and investigate all cognizable offences coming to
their notice through such complaints or otherwise, duly
supplying a copy of the First Information Report to the
complainant, and where appropriate, to apprehend offenders,
and extend requisite assistance in the prosecution of
offenders;
 (h) to create and maintain a feeling of security in the community,
and as far as possible prevent conflicts and promote amity;
 (i) to provide, as first responders, all possible help to people in
situations arising out of natural or man-made disasters, and to
provide active assistance to other agencies in relief and
rehabilitation measures;
 (j) to aid individual, who are in danger of physical harm to their
person or property, and to provide necessary help and afford
relief to people in distress situations;
 (k) to facilitate orderly movement of people and vehicles,
and to control and regulate traffic on roads and
highways;
 (l) to collect intelligence relating to matters affecting
public peace, and all kind of crimes including social
offences, communalism, extremism, terrorism and other
matters relating to national security, and disseminate the
same to all concerned agencies, besides acting, as
appropriate on it themselves.
 (m) To take charge, as a police officer on duty, of all
unclaimed property and take action for their safe
custody and disposal in accordance with the procedure
prescribed.
 (n) To train, motivate and ensure welfare of police
personnel
Social Responsibilities

 Every police officer shall


 (a) behave with the members of the public with due courtesy
and decorum, particularly so in dealing with senior citizens,
women, and children;
 (b) guide and assist members of the public, particularly
senior citizen, women, children, the poor and indigent and
the physically or mentally challenged individuals, who are
found in helpless condition on the streets or other public
places or otherwise need help and protection;
 (c) provide all requisite assistance to victims of crime
and of road accidents, and in particular ensure that
they are given prompt medical aid, irrespective of
medico-legal formalities, and facilities their
compensation and other legal claims;
 (d) ensure that in all situations, especially during
conflict between communities, classes, castes and
political groups, the conduct of the police is always
governed by the principles of impartiality and human
rights norms, with special attention to protection of
weaker sections including minorities;
 (e) prevent harassment of women and children in public
places and public transport, including stalking, making
objectionable gestures, signs, remarks or harassment
caused in any way;
 (f) render all requisite assistance to the members of the
public, particularly women, children, and the poor and
indigent persons, against criminal exploitation by any
person or organised group; and
 (g) arrange for legally permissible sustenance and shelter to every
person in custody and making known to all such persons
provisions of legal aid schemes available from the Government
and also inform the authorities concerned in this regard.

 (h) preserve, promote and protect human rights and interests of


weaker sections, backward classes, poor, weak and the
downtrodden.
Principles of policing
 Police has a duty of winning the confidence of the public
 The principles of policing are as follows:
 To contribute towards liberty, equality and fraternity in human affairs
 To help and reconcile freedom with security and to uphold the rule of law
 To uphold and protect human rights
 To win the faith of the people
 To strengthen the security of the person and property
 To investigate, detect and activate prosecution of offences
 To facilitate movement on highways and curb public disorder
 To deal with major crises and help those in distress
Role of police
 Police have a professional responsibility which demands high standards of
conduct particularly of honesty, impartiality and integrity.
 But in reality there is a fear, suspicion and distrust by the people
 Political pressure makes them corrupt, dishonest and inefficient
 Police are always criticized overlooking the gravity of the situation and
seriousness of the offence and they are blamed for their inaction and atrocities
 New techniques have made the job of police even more difficult.
 A large number of cases result in acquittal which has resulted in public loosing confidence on
the police
 Lack of mutual trust and confidence between police and magistracy.
 Police cases fail also because of lack of trust of the public. No one is willing to become a
witness and assist police is apprehending criminals
Some insights into police

 About 3% of the state funding is allotted for Police


 The police are over burdend. For ever lakh persons,
there must be around 181 police personnels (which is
sanctioned), however, there is only 137 police for
every lakh persons. The UN specifies that there must
be 222 police for every lakh persons
 86% of the police force are the constabulary and they
get a promotion only once in their whole service
which results in them being Head Constable
Police-Public Relations
 Police requires the confidence, cooperation and support of the community to prevent crime
and disorder.
 For example, police personnel rely on members of the community to be informers and
witnesses in any crime investigation.
 Therefore, police-public relations is an important concern in effective policing.
 Police-public relations is in an unsatisfactory state because people view the police as corrupt,
inefficient, politically partisan and unresponsive.
 One of the ways of addressing this challenge is through the community policing model.
Community policing requires the police to work with the community for prevention and
detection of crime, maintenance of public order, and resolving local conflicts, with the
objective of providing a better quality of life and sense of security.
 It may include patrolling by the police for non-emergency interactions with the public, actively
soliciting requests for service not involving criminal matters, community based crime
prevention and creating mechanisms for grassroots feedback from the community.
 Various states have been experimenting with community policing
 Rajasthan – Joint Patrolling Committees
 Assam – Meira Paibi (torch bearers)
 Tamil Nadu – Friends of Police
 West Bengal – Community Policing Project
 Kerala – Janamaithri Surakhsha Project
 Andhra Pradesh – Maithri
 Maharashtra – Mohalla Committees
Janamaithri Suraksha Committee
 This project is an initiative of the Kerala Police to facilitate greater accessibility,
close interaction and better understanding between the police and local
communities. For example, Beat Constables are required to know at least one
family member of every family living in his beat area, and allocate some time to
meet with people outside the police station every week. Janamaithri Suraksha
Committees are also formed with municipal councillors, representatives of
residents’ associations, local media, high schools and colleges, retired police
officers, etc. to facilitate the process.
Meira Paibi
 The women of the Manipuri Basti in Guwahati help with improving the law and
order problem in their area, by tackling drug abuse among the youth. They light
their torches and go around the basti guarding the entry and exit points, to prevent
the youth of the area from going out after sunset.
Thank You

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