Akhlaqur Rahman

The criminal justice system in India is a complex framework involving various key functionaries who play pivotal roles in maintaining law and order, ensuring justice, and upholding the rule of law. These functionaries include the police, prosecutors, defence counsel, and prison authorities. This chapter explores their functions, organization, and the legal provisions governing them.

Functionaries Under the Code of Criminal Procedure

The Constitution of Criminal Courts in India is a comprehensive system outlined under the Criminal Procedure Code (CrPC). This framework involves various functionaries who play critical roles in the administration of criminal justice. The main functionaries include the Police, Prosecutors, Defence Counsels, Magistrates, Judges of higher courts, and Prison authorities along with Correctional Services Personnel. Among these, the role of magistrates and courts is particularly pivotal, as they form the core of the judicial process. The other functionaries serve more as auxiliary elements that support the judicial framework.

constitution-of-criminal-courts-in-india

Constitution of Criminal Courts in India

The Code of Criminal Procedure, 1973 (CrPC), serves as the backbone of the criminal justice system in India, providing the framework for the administration of substantive criminal law. It outlines the procedures for the investigation of crimes, the apprehension of suspects, the collection of evidence, the determination of guilt or innocence, and the imposition of penalties. This essay explores the object, extent, and scope of the CrPC, offering a detailed examination of its role and application within the Indian legal system.

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