Page 225 - SST Class 08

judgements. If a party to dispute is not satisfied charge sheet, police is in control of the proceed-
with the judgement of District Court, he can go
to High Court and further to Supreme Court.
Courts perform the following roles :
1. Settlement of disputes between individuals.
2. Acting as custodian of constitution.
3. Protection of fundamental rights of the
people.
4. Keeping a check on misuse of power of
legislature and executive by declaring a law
against the constitution as null and void.
5. Settlement of disputes between center and
states.
6. Advise to President or Governors on issues
of Public importance.
Role of the Public Prosecutor
The public prosecutors are state appointed
gazetted officers who help in the prosecution of
offenders to keep the society free from crime.
The present criminal system is based on the
premise that any crime committed by an individ-
ual is a crime against the society. The responsibil-
ity for prosecution and punishment for a crime is
of the state and not of the victim of the crime.
Any such prosecution is performed by a public
prosecutor appointed by state.
The public prosecutor is supposed to impart an
impartial role in prosecution of all people charge
sheeted by the state. However, this task is not
easy both government and powerful elites who
try to influence the prosecution.
The public prosecutor occupies a significant
position and a number of court judgements refer
to him as a minister of justice. The public prose-
cutor is supposed to submit before the court all
evidence he possesses, whether it is in favour or
against the accused. It is for the court to deliver a
judgement on the issue.
During the investigating stage till the filing of
Social Science-8 225
ings. Once, the charge sheet has been filed in the
court, public prosecutor takes charge. Both are,
however, to play a complimentary role in the
judicial system. It helps in an effective and
efficient relationship between the two.
Role of the Police
One important function of the police is to investi-
gate any complaint about the commission of a
crime. An investigation includes recording
statements of witnesses and collecting different
kinds of evidence. On the basis of the investiga-
tion, the police are required to form an opinion.
If the police think that the evidence points to the
guilt of the accused person, then they file a
charge-sheet in the court. It is not the job of the
police to decide whether a person is guilty or
innocent, that is for the judge to decide.
Everyone is subject to the law of the land. This
includes the police. Therefore, police investiga-
tions always have to be conducted in accordance
with law and with full respect for human rights.
The Supreme Court has laid down guidelines
that the police must follow at the time of arrest,
detention and interrogation. The police are not
allowed to torture or beat or shoot anyone
during investigation. They cannot inflict any form
of punishment on a person even for petty
offences.
Different norms have been laid to check the
efficiency of police. These include :
1. A sense of security should prevail in the
society.
2. People should be willing to cooperate and
participate in prevention of crime.
3. Law and order should be maintained with
the cooperation of the police.
4. Public personal should have a sense of
service towards women, children and
handicapped.