The Constitution states that every individual charged of a crime deserves a fair trial whether he is guilty or not. The right to a fair trial is a fundamental human right. The police, prosecution, defence, and the judge all play a key role in the criminal justice system in India.
The police are the first to get involved in a criminal case; however the decision on whether the accused is guilty or innocent, is made by the court. The police can start investigating only after when an FIR or first information report is registered. This can be done orally or in writing.
The accused is tried in an open court by the public prosecutor. There are two lawyers involved, the defence lawyer who fights the trial for the accused, and the public prosecutor who fights the trial against the accused in an open court.
If the accused cannot afford a lawyer, a defence lawyer is organized by the government on its own expense in order to ensure a fair trial. The defence lawyer cross-examines all the prosecution witnesses and verifies all evidences given.
The final decision of whether the accused is guilty or innocent based on the evidence provided by both lawyers is taken by the judge.