SPL (VIII)- LESSON-6
UNDERSTANDING
CRIMINAL JUSTICE SYSTEM
( QUESTION ANSWERS)
__________________________________________________________
(NCERT QUESTIONS)
1. In a town called Peace Land, the supporters of the Fiesta football
team learn that the supporters of the Jubilee football team in the nearby city
about 40 km away have damaged the ground on which the Final between both teams
is to be held the following day. A crowd of Fiesta fans armed with deadly
weapons attacks the homes of the supporters of the Jubilee football team in the
town. In the attack, 10 men are killed, 5 women are gravely hurt, many homes
are destroyed and over 50 people injured.
Imagine that you and your classmates are now part of the criminal
justice system. First divide the class into the following four groups of
persons:
1. Police 2. Public Prosecutor 3. Defence lawyer 4. Judge
Roles |
Functions |
Police |
hear the witnesses record the statements of witnesses cross examine the witnesses take photographs of burnt homes record the evidence arrest the Fiesta fans writes the judgment argue the case for the victims decide the number of years for
which the accused will be put in jail examine the witnesses in court pass the judgment get the assaulted women medically
examined conduct a fair trial meet the accused persons |
Public Prosecutor |
|
Defense Lawyer |
|
Judge |
The column on the right provides a list of functions. Match these with
the roles that are listed on the left. Have each group pick the functions that
it needs to perform to bring justice to those who were affected by the violence
of the Fiesta fans. In what order, will these functions be performed?
Now take the same situation but ask one student who is a supporter of
the Fiesta Club to perform all the functions listed above. Do you think the
victims would get justice if only one person performed all of the functions of
the criminal justice system? Why not?
State two reasons why you believe that different persons need to play
different roles as part of the criminal justice system.
Answer
Role |
Functions |
Police |
Records the
statements of witnesses Takes photographs
of burnt homes Arrests the
Fiesta fans Gets the
assaulted women medically examined |
Public Prosecutor |
Cross examines
the witnesses Argues the case
for the victims |
Defence Lawyer |
Meets the accused
persons Examines the
witnesses in court |
Judge |
Hears the
witnesses Records the
evidence Writes the
judgement Decides for how
many years the accused will be put in jail Passes the
judgement Conducts a fair
trial |
The victim would not get justice if only one person performs all the
functions of the criminal justice system, because he could get influenced by
various prejudices. Separation of power is necessary within a judicial system
too, since absolute power can lead to unfairness.
Two reasons why different people need to play different roles as part of
the criminal justice system are:
1.
All the aspects of trial and investigation cannot be conducted by a
single person, as it entails a diverse range of work including arresting,
recording the statements of witnesses, defending the victim and accused
parties, passing a fair trial and judicially correct judgement.
2.
If all the powers are vested on one person alone, it might be misused
and thereby violate the laws based on just and equal decision.
A single ideology may not be the right one, as it can affect the trial
and the result of the case.
OTHER IMPORTANT S
1. Who has the legal right to get a free copy
of the FIR from the police?
Answer: The complainant also has a legal right to get a free copy of the FIR
from the police.
2. When does the role of the prosecutor begin?
Answer: The role of the prosecutor begins once the police has conducted the
investigation and filed the charge sheet in the court.
3. When does the police begin their
investigations into a crime?
Answer: It is with the registration of an FIR that the police can begin their
investigation into a crime.
4. What has been mentioned in the D.K. Basu
guidelines about the friend and relative of the person arrested, detained or
being interrogated?
Answer: The person arrested, detained or being interrogated has a right to
inform a relative, friend or well-wisher.
5. Mention the four key players in the
criminal justice system?
Answer: The four key players in the criminal justice system are the police, the
Public Prosecutor, the defence lawyer and the judge.
6. Mention any one of the Fundamental
Rights that Article 22 of the Constitution guarantees to every arrested person.
Answer: The Right not to be ill treated or tortured during arrest or in
custody.
7.What does the rule of law say?
Answer: The rule of law says that every one is equal before the law. The words
will not make much sense if every citizen were not guaranteed a fair trial by
the Constitution.
8. What was the final verdict in
Shanti’s case?
Answer: In Shanti’s case,
justice was finally done to her because she was given a fair trial.
9. By which part of justice system it is
decided whether the accused person is guilty or not?
Answer: It
is court of law that decides whether the accused person is guilty or not.
10. How many key players are in the criminal
justice system?
Answer: There are 4 key players.
11. What are 4 key players in the
criminal justice system?
Answer: The 4 key players are:
1. The
police
2. The
public prosecutor
3. The
defence lawyer
4. The
judge
12. What is one of the important function of
police?
Answer: One important
function of the police is to investigate any complaint about the commission of
a crime.
13. Mention any one Fundamental Right
guaranteed in Article 22 and criminal law to every arrested person.
Answer: The Right to be presented before a magistrate within 24 hrs of custody.
14. Name the guidelines laid down by the
Supreme Court of India which had to be followed while the process of arrest,
detention interrogation of any person?
Answer: D.K. Basu guidelines.
15. On whose behalf does the prosecution
must conduct the prosecution?
Answer: On behalf of
the state.
16. Where does the judge conducts the trial?
Answer: The judge conduct the trial impartially and in an open court.
17. What does Accused means?
Answer: This refers to the person who is tried by a court for a crime.
18. Define the term ‘offence’.
Answer: It means that any act which is defined as crime by the law.
Short Answers Type
1. What was the final judgment of the judge in
Shanti’s case?
Answer: In Shanti’s case, the judge hears the testimony of all the witnesses
and acquitted Shanti of the charges of theft.
The judge also
ordered the police to hand over the ? 10000 that the police had sealed. In her
written judgment, the judge had made it a point to highlight S.I. Rao’s role in
conducting a shoddy investigation that made Shanti spend time in jail.
2. What is there in the Fundamental
Rights guaranteed in Article 22 of the Constitution.
Answer: Article 22 of the Constitution and criminal law guarantee to every
arrested person the following Fundamental Rights:
1. The
Right to be informed at the time of arrest of the offence for which the person
is being arrested.
2. The
Right to be presented before a magistrate within 24 hrs of arrest.
3. The
Right not to be ill-treated or tortured during arrest or in custody.
4. Confessions
made in police custody cannot be used as evidence against the accused.
5. A
boy under 15 yrs of age and women cannot be called to the police station only
for ing.
3. What is the role of the judge in judiciary
system?
Answer: The judge is like an umpire in a game and conducts the trial
impartially and in an open count. The judge hears all the witnesses and any
other evidence presented by the prosecution and the defence. The judge decides
whether the accused person is guilty or innocent on the basis of the evidence
presented and in accordance with the law.
If the accused
is convicted, then the judge pronounces the sentence. The judge may send the
person to jail or impose a fine or both, depending on what the law prescribes.
4. Who is the Public Prosecutor and what is
the role of the public prosecutor?
Answer: In the court,
it is the Public Prosecutor who represents the interests of the State. The role
of the Prosecutor begins once the police has conducted the investigation and
filed the chargesheet in the court. He/she has no role to play in the
investigation.
The Prosecutor
must conduct the prosecution on behalf of the State. As an officer of the
court, it is his/her duty to act impartially and present the full and material
facts, witnesses and evidence before the court to enable the court to decide
the case.
5. What is FIR? Describe the process of an FIR?
Answer: FIR is First Information Report. It is with the registration of an FIR
that the police can begin their investigation into a crime. The law states that
it is compulsory for an officer in charge of a police station to register an
FIR whenever a person gives information about an cognizable offence. This
information can be given to the police either orally or in writing.
The FIR usually mentions the date, time and place of the offence, details the
basic facts of the offence, including a description of the events. If known,
the identity of the accused person and witnesses is also mentioned. The FIR
also states the name and address of the complainant.
Long Answers Type
1. What is the D.K. Basu Guidelines and what it includes?
Answer: The Supreme court of India has laid down specific requirements and procedures
that the police and other agencies have to follow for the arrest, detention and
interrogation of any person. These are known as the D.K. Basu Guidelines. These
include:
1. The
police officials who carry out the arrest or interrogation should wear clear,
accurate and visible identification and name tags with their designations.
2. A
memo of arrest should be prepared at the time of arrest and should include the
time and date of arrest. It should also be attested by atleast one witness who
could include a family member of the person arrested.
3. The
arrest memo should be counter-signed by the person arrests.
4. The
person arrested, detained or being interrogated has a right to inform a
relative, friend or well-wisher.
5. When
a friend or relative lives outsides the district, the time, place of arrest and
venue of custody must be notified by police within 8 to 12 hours after arrest.
2. What is the role of the police in investigating a crime? Explain briefly.
Answer: One important function of the police is to investigate any complaint about the
commission of a crime. An investigation includes recording statements of
witnesses and collecting different kinds of evidence. On the basis of the
investigation, the police are required to form an opinion.
If the police
think that the evidence points to the guilt the accused person, then they file
a charge sheet in the court. It is not the job of the police to decide whether
a person is guilty on innocent, that is for the judge to decide.
The police
investigations should always be conducted in accordance with law and with full
respect for human rights. The Supreme Court has laid down guidelines that the
police must follow at the time of arrest, detention and interrogation.
The police are
not allowed to torture or beat or shoot anyone dining investigation. The police
cannot inflict any form of punishment on a person even for petty offences.
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