An act committed in a violation of law which prohibits the action or an omission of an action which needs to be done is a crime. This commission of crime is followed by criminal proceedings which may result in punishment. A criminal case is different as it a crime against society. Criminal law is a formidable weapon used by society to protect itself against anti-social behavior. As stated by Prof. V. Balasubhramanyam, ‘Criminal procedure is an inseparable part of penal law and the effectiveness of the latter depends much upon the proper implementation of the former.’ In a criminal case, both means rea and actus reus of an accused needs to be seen. In criminal cases, the case is between an accused and state. One side is prosecutor which represents the state and files a criminal complaint against the accused who is represented by defense lawyers. Indian Penal Code, 1960 gives the definition of acts which are criminal in nature and punishment for it. Criminal Procedure Code, 1973 enumerates the procedure which is to be followed in criminal cases which includes collection of evidence, witness’s statement, arrest, appeal, procedure to be followed by court and police. If there will absence of enforcement machinery then the threat of punishment to law breakers will remain empty in practice. To create deterrent effect in the society was the purpose of criminal procedure. And then, another penal law is Indian Evidence Act, 1872 which states which evidences are admissible in trial of the case. Offences are of two types on being the major offences and the other is petty offences.
Criminal cases are complex in nature therefore needs the assistance of an advocate in filing of every document. Jurisdictions are given for every court and what procedures need to be followed in every trial. As there are different trial procedures for different offences. The criminal law is concerned with the question of whether the wrongdoers are to be punished. Imprisonment as well as fine has been imposed for offences. As criminal law is one of those faithful mirrors of civilization reflecting the fundamental values on which the society rests.
Though criminals are punished but they have also been given rights to protect themselves. Every human are born with inseparable basic human rights which cannot be alienated even if he/she is a criminal. If the criminals cannot represent his/her council then it is the duty of the State to provide legal aid so that principle of natural justice can be followed. The principle of natural justice includes right to be heard and it cannot be denied as sometimes an innocent person can also be put on trial. This criminal procedure is not only machinery but involves human values and most importantly to treat even a criminal fairly. The main aim of criminal law procedure is to provide safeguard against possible harms and violation of human rights.
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