Arushi Sharma, Kirti Singh & Swarnav Bhuyan, LL.M., Symbiosis Law School, Noida
ABSTRACT
The Indian criminal justice system has four main components: the police, the court, the prosecutor's office, and the prison and correctional services. In India, there are two streams of criminal prosecution: those based on FIRs or police reports, and those based on private complaints. The police investigates and the prosecutor informs the judge. The judges must be knowledgeable, neutral, and independent. The judge will never meddle or assist the prosecutors in their case. In India, there are two types of criminal prosecutions: those based on a police report (FIR) and those based on personal complaints and the other is a criminal case. A police station in India is the main investigative unit. The charges are submitted before the Court after an investigation. The State Public Prosecutor prosecutes these cases. The researcher used interpretative, transdisciplinary, and comparative methodologies. Prosecutors' function in Indian and French criminal justice systems was studied using these methodologies. Based on the available material in the library and internet resources in both nations, the researchers analyzed the Prosecutor's powers and tasks, institutional independence, cooperation with the police, victims and the judiciary, conviction rates, selection procedure, etc. The following is how this paper is organised. In the first section, we'll go over the basic workings of the Indian and French legal systems. The primary focus of the research paper's second section will be a comparison of the two prosecution systems in light of relevant statutory provisions. To conclude the third section, we'll look at how each system's prosecution differs from other systems, as well as its own advantages and disadvantages. Finally, the result of the comparison study will be presented in the fourth section.
Keywords: Prosecution, Inquisitorial, Adversarial, Criminal Justice System, Accused, India, France, Trial, Common Law, Civil Law.
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