Chap – 24 – The Police and the Courts

I. Define the following :-

1. Defence lawyer : A lawyer appointed from the side of the accused in his/her defence.
2. Cross examine : To question the witness carefully to determine the truth.
II. Answer the following questions :-
Q1. Write any two constitutional protection provided to a person who has been arrested.
Ans1. According to Article 22 of the Indian Constitution, every person has a Fundamental Right
to be defended by a lawyer.
2. Article 39A of the Constitution places a duty upon the state to provide a lawyer to any citizen
who is unable to engage one due to poverty or any other disability.
Q2. Explain the procedure of FIR in brief.
Ans2. First Information Report (FIR)
1. FIR is a complaint lodged with the police by the victim of some cognizable offence.
2. The FIR usually mentions the date, time and other details and basic facts about the offence
including a description of the events. If known, the identity of the accused and witnesses are
also mentioned.
3. The FIR also states the name and address of the complainant. There is a prescribed form in
which the police register the FIR and it is signed by the complainant.
4. The complainant also has a legal right to get a free copy of the FIR from the police.
Q3. What should one do if the officer in charge of the police station refuses to register the
FIR?
Ans3.If any police officer in charge of the police station refuses to register the FIR, the
complainant can do the following:
1. He/she can send the report in writing to the Superintendent of the concerned police station
and also report the refusal of the officer incharge of the local police station to register the case.
2. The person can meet the Superintendent of Police concerned or even higher officials like
Deputy Inspector General of police can bring the complaint to their notice.
3. He/she can also approach the High Court or go directly to a magistrate and get an FIR
registered under Section 156 (3) of the Criminal Procedure Code.
4. The person can also make a complaint to the State Human Rights Commission or the National
Human Rights Commission.
Q4. Discuss the role of a Public Prosecutor .
Ans4. Public Prosecutor is an officer of the court who defend the state in all criminal matters.
2. It is his/her duty to play an impartial and neutral role and help in the prosecution of all who
have been chargesheeted by the police.
3. He/She is expected to place before the court all evidences in his/her possession, whether in
favour of or against the accused.
4. It is up to the court to decide, in light of such evidence, whether the accused had committed
the offence with which he/she was charged.
Q5. What is the fair trial ? State the points that make a trial fair.
Ans5. The purpose of trial is to find out whether the accused is guilty or innocent. For a trial to
be fair, certain specific procedures have to be observed.
2. The accused is given a copy of the chargesheet and all other evidences that the prosecution
presents against the accused.
3. The accused is defended by a lawyer who is given an opportunity to cross – examine all the
prosecution witnesses.
4. All people involved in carrying out the trial – the police, the public prosecutor, the defence
lawyer and the judge should carry out their role impartially in order to ensure that every citizen,
when accused, should get a fair trial, irrespective of his/her class, caste, gender and religion.

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