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Research Article | Open Access
Volume 12 2020 | None
ROLE OF MAGISTRATE UNDER THE CRIMINAL JUSTICE SYSTEM IN INDIA
Bhavana Rao
Pages: 1032-1044
Abstract
INTRODUCTION The Magistrate is an important functionary under the Criminal Justice System. In India the Code of Criminal Procedure gives each functionary a specific set of powers to execute in order to complete the process down through a cognizance of a crime to the process of punishing the guilty. Investigating into the crime is the function allotted to police. However the magistrate acts as both a guard to protect the unscrupulous functionaries from torturing the accused or the victims, as well as plays an important role in the investigation process. This paper aims at understanding the role assigned to the magistrate under the Indian Criminal Justice System. The work will begin by an understanding of what investigation is, and the meaning assigned to terms like magistrate, investigation and inquiry. Then there will be a detailed analysis of the provisions under the Code of Criminal Procedure to decipher the role the magistrate plays in the process of investigation, and the synergy which is maintained between the State on the one hand and the Judicial wing on the other, in order to avoid any miscarriage of justice by having a thorough system of checks and balances in place. All power is, in Madison’s phrase, corrupting and absolute power corrupts absolutely. This statement aptly fits our objective of understanding the limitations and powers of the functionaries under the Criminal Justice System. The focus of this paper will be primarily the role a magistrate plays under the Indian Criminal Procedure.
Keywords
.The Magistrate is an important functionary under the Criminal Justice System.
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