Functionaries under CRPC
Functionaries under the Code of Criminal Procedure (CrPC)
The CrPC governs the procedural aspects of criminal law in India. It outlines the powers, duties, and responsibilities of various officers and functionaries involved in the criminal justice system. These functionaries ensure the smooth administration of justice, investigation, trial, and enforcement of criminal laws.
1. The Police
Role and Powers:
Police are the primary investigating agency in criminal cases.
They register First Information Reports (FIRs), investigate offenses, collect evidence, and arrest suspects.
Police officers act under Sections 154 to 176 of the CrPC (registration, investigation, search, seizure, arrest).
They maintain public order and prevent crime.
Key Provisions:
Section 154: Registration of FIR
Section 156(3): Police can investigate without Magistrate’s direction in cognizable cases
Section 41-60: Powers related to arrest and search
Case Law:
D.K. Basu v. State of West Bengal (1997): Supreme Court laid down detailed guidelines for police during arrest and detention to prevent abuse of power and protect human rights.
2. Magistrates
Magistrates play a crucial role in criminal procedure, exercising judicial authority.
Types of Magistrates:
Executive Magistrates: Handle preventive actions, maintain public order (under CrPC and other laws).
Judicial Magistrates: Conduct trials and issue orders.
Roles and Powers:
Issuing search warrants, summons, and arrest warrants.
Conducting preliminary inquiries and trials.
Deciding on bail applications.
Supervising investigations.
Recording confessions and statements.
Key Sections:
Section 2(d): Definition of Magistrate
Sections 70-90: Powers and duties of Executive Magistrates
Sections 190-199: Complaints and cognizance
Sections 204-210: Summons and process
Sections 437-439: Bail provisions
Case Law:
Raman Saha v. Union of India (1998): The Supreme Court emphasized the importance of judicial magistrates’ impartiality and independence during trials.
3. Prosecutors
Role:
Represent the State in criminal cases.
Conduct prosecution during trial by presenting evidence and examining witnesses.
Aim to secure justice, not merely conviction.
Types:
Public Prosecutors appointed under Section 24 CrPC.
Additional and Special Public Prosecutors as needed.
Duties:
Ensure fair trial.
Assist the court in ascertaining truth.
Abide by ethical standards.
Case Law:
State of Haryana v. Bhajan Lal (1992): The court underscored the role of prosecution and conditions for fair investigation and trial.
4. Police Officers (Investigating Officers)
While falling under police, investigating officers specifically handle:
Investigation of cases.
Collecting evidence and witness statements.
Preparing charge sheets and submitting reports to Magistrates.
Case Law:
Joginder Kumar v. State of UP (1994): Supreme Court outlined safeguards against arbitrary arrest by police officers and emphasized proper investigation.
5. Witnesses
Witnesses provide oral or documentary evidence.
Their statements can be recorded during investigation or trial.
Duty-bound to appear when summoned.
Case Law:
State of Punjab v. Baldev Singh (1999): Court emphasized protection of witnesses to ensure free and fair testimony.
6. Defence Counsel
Defend accused persons.
Ensure accused’s right to a fair trial.
Cross-examine prosecution witnesses.
Present evidence on behalf of accused.
Right to Counsel:
Under Article 21 of the Constitution and Section 303 CrPC.
Case Law:
Maneka Gandhi v. Union of India (1978): Broadened the scope of the right to legal representation.
Ramesh Singh v. State of Bihar (2014): Right to legal aid for undertrials.
7. Court Officers
Include clerks, stenographers, bailiffs.
Assist in court administration.
Record proceedings and maintain court records.
Summary Table
| Functionary | Role | Key Provisions | Important Case Law |
|---|---|---|---|
| Police | Investigation, arrest, FIR | Sections 154-176 CrPC | D.K. Basu v. State of WB |
| Magistrates | Judicial authority, bail, warrants | Sections 2(d), 70-90, 190+ | Raman Saha v. Union of India |
| Prosecutors | Represent State, conduct prosecution | Section 24 CrPC | State of Haryana v. Bhajan Lal |
| Investigating Officers | Investigation, evidence collection | Sections 154-173 | Joginder Kumar v. State of UP |
| Witnesses | Provide testimony | Various | State of Punjab v. Baldev Singh |
| Defence Counsel | Represent accused, fair trial | Article 21, Section 303 CrPC | Maneka Gandhi; Ramesh Singh |
| Court Officers | Court administration | Various | — |
Conclusion
The functionaries under the CrPC work together to ensure that criminal cases proceed fairly, efficiently, and within the bounds of law. The police investigate, magistrates supervise and adjudicate, prosecutors present the State’s case, defence counsel protect the accused’s rights, and witnesses contribute to the truth-finding process.
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