Criminal Justice System

Objectives of  Criminal Justice System:

The criminal justice system’s primary objectives include enforcing criminal law, protecting the public by deterring crime, educating people on how to avoid victimization, and ensuring that suspects, defendants, and individuals in custody are treated fairly and efficiently. The ultimate aim of this system is to uphold the principles of criminal jurisprudence, ensuring that the guilty are punished and the innocent are acquitted. The criminal justice system comprises three main components, namely the police, prosecution, and courts. In this paper, we will delve into the Criminal Justice System of Pakistan.

The pillars of a system refer to the various components that make up the system. These components may include people, processes, technology, and resources. Each of these pillars plays a critical role in ensuring that the system functions smoothly and effectively.

The adversarial system:

In Pakistan, the justice system follows an adversarial framework. Under this system, the role of the courts is to determine the guilt or innocence of the accused. For instance, if the court finds that a crime has occurred, but there is not enough evidence to prove that the accused is guilty, it is not the court’s responsibility to identify the true perpetrator. Rather, the burden of proof lies with the police or the complainant, as appropriate.

In adversarial proceedings, parties take on a dominant role while the judge serves as more of a passive umpire. Preparing for proceedings falls on the parties themselves. It’s essential to know that the criminal justice system consists of three main components:

i. Police
ii. Prosecution
iii. Courts

i. Police:

When it comes to investigations, the police are often the ones leading the charge, but this approach may have its drawbacks. One issue is that police officers may become unduly invested in proving their suspect’s guilt. In a well-known legal case, Lal Khan Versus SHO, Police Station Kotwali, Jhang, the Lahore High Court stated that the primary objective of the investigation was to…

Tasks Involved in an Investigation:

ii. Prosecution:

The prosecution serves as a vital intermediary between the judiciary and the police. They are responsible for presenting the case to the court and representing the interests of law enforcement. In other words, the prosecution is the one who advances the police’s case to the courts.

The role of the prosecution, as interpreted by the courts, is to:

List of Responsibilities for Legal Officials:

Here are a few key duties that legal officials are responsible for:

iii. Court:

The criminal court is the backbone of the criminal justice system, ensuring that the “due process of law” is upheld during all stages of the arrest-to-release process. Here are a few of the court’s responsibilities:

Legal Proceedings: A Summary of Key Responsibilities

Here are some of the key responsibilities to keep in mind during a legal proceeding:

The Criminal Procedure Act of 1898 (CrPC) and Pakistan Penal Code 1860 (PPC) are the foundations of Pakistan’s criminal justice system. These laws outline the system’s procedures and functions, including the reporting of cases to the police, court trials, appeals and correctional measures at jails.

The Criminal Procedure Code (CrPC) is a procedural law that outlines the specific mechanisms to be followed during every investigation, inquiry, and trial for any offense under the PPC or other related criminal statutes. This law is divided into three stages: investigation, inquiry, and trial.

Different Stages of a Criminal Case:

Breaking Down the System into Essential Stages:

Administration of Criminal Justice:

Cardinal Principles of the Administration: The higher courts have established several cardinal principles through their judgments to guide the subordinate courts in the administration of criminal justice. Here are some of them: