GRADE 8 CIVICS CHAPTER 6

UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM

(Q.)What is the role of the public prosecutor?

 The Indian courts have interpreted the role of Prosecutor as “minister of
justice”. Public Prosecutor is independent of the executive and all external
influences, also independent of the police and the investigation process.
 He cannot advice the police in the matters relating to investigation.
 An ideal Prosecutor must consider herself/himself as an agent of justice.
 He/she is in charge of the trial, appeal and other processes in Court.
 The only aim of a Public Prosecutor should be to aid the court in
discovering truth.
(Q.)What does arrest means?
Arrest is a form of state constraint applied to a person, during which the person
is placed under detention, is imprisoned and is deprived of his right to move
freely.
(Q.)What are the non-cognizable offence?
 Non-cognizable offences are those cases which are relatively less serious
in nature as compared to cognizable offences.
 Examples of non-cognizable offences include public nuisance, assault,
mischief etc.
 The Police cannot register criminal cases or cause arrests with regard to
non-cognizable offences.
Q.)Briefly explain the role of the judge in the criminal justice system?

 The judge hears all the witnesses and any other evidence available by the
prosecution and the defence.
 The judge make a decisions 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.
 He may send the person to jail or impose a fine or both, depending on
what the law prescribes.
(Q.)What does ‘fair trial’ mean?
 The trial should take place in an open court, in presence of accused.
 The accused have right to defend him/herself in the court, if accused is
poor then the state will have to provide a lawyer on its own expense (Art.
39A). Opportunity of cross-examination is provided to the defence lawyer.
 The judge should remain impartial and decide case on the basis of
evidences.
(Q.)Mention some of the duties performed by the police.
Some of the important duties performed by the police are as follows:-
a) to maintain law and order of the country.
b) maintaining the dignity of the individual by safeguarding his/her fundamental
rights.
c) implement the law impartially.
d)protection of weaker sections of the society.
Q.)Name the key players of our criminal justice system.
The key players of our criminal justice system are:
(i) The Police: - Enforce specific laws; investigate specific crimes; search people,
areas, buildings; arrest or detain people
(ii)The Public Prosecutor: - File charges; file information; drop cases; Reduce
charges
(iii) The Defence lawyer:- Deals with the prosecution; call and examine any
witnesses in court; save his client from harm or minimize the punishment.
(iv) The Judge/Magistrate:- Set bail or conditions for release; accept pleas;
determine criminal guilt; dismiss charges; impose sentences.
(Q.)What do you understand by the ‘FIR?
 The police can begin their investigations into a crime with FIR the First
Information Report.
 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, then the identity of the indicated persons and witnesses is also
mentioned.
 The FIR also contains the name and address of the complainant.
 There is a prescribed form in which the police record an FIR and it is
signed by the complainant.
Q.)Can the police arrest any person without warrant?
A person may be arrested for committing an alleged offence. Any police officer
may without an order from a magistrate and without a warrant, arrest any
person under the following circumstances.
a. If the individual had committed any cognizable offence like murder, causing
hurt, kidnapping etc,
b. If any individual who obstructs a police officer while in the execution of his
duty, or who has escaped, or attempts to escape, from lawful custody;
c. A person who has been declared as an offender by order of the State
Government or the Central Government.
(Q.)Under what circumstances the police decide not to investigate a
case even if the FIR has been filled?
The police do not investigate all the complaints that people put before them. The
police don’t have to investigate a case even if the FIR is filled. If:-
• The case is not serious in nature
• They feel that there aren’t enough grounds for investigation.
The police must record the reasons why they are not beginning an investigation.
However, if there is not enough grounds for investigation then they must inform
the concerned person.
(Q.)How did the trial of Shanti was fair trial as mentioned in the text?
The trial of Shanti was fair one because:
(i) It took place in open court and in presence of the accused.
(ii) A lawyer defended Shanti, who also cross-examines the witnesses.
(iii) Shanti’s lawyer was given an opportunity to produce her witnesses and
evidences.
(Q.)Describe the role of the Police in investigating a crime.
 The police investigate any complaint about the occurrence of a crime.
 An investigation process comprises of recording of statements of
witnesses and accumulation of the 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 proved the culpability of the accused
person, then they file a charge sheet in the court.
 However, it is not the job of the police to decide whether a person is guilty
or innocent, i.e. for the judge to decide.
 Police investigation always has to be conducted in accordance with law
and with full respect for human rights.

(Q.)What are the Fundamental Rights for accused or arrested person

according to the Indian Constitution?
The Constitution of India under Article 22, guarantee to every arrested person
the following Fundamental Rights:
(i) The Right to be informed at the time of arrest of the offence for which the
person is being arrested.
(ii) The Right to be presented before a magistrate within 24 hours of arrest.
(iii) The Right not to be ill-treated or tortured during arrest or in custody.
(iv) The confessions made in police custody cannot be used as evidence against
the accused.
(v) A boy under 15 years of age and women cannot be called to the police
station only for questioning.
(Q.)What is Article 39A of the Indian Constitution?
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 other disability.
(Q.)What is the role of judge?
1. The judge hears all the witnesses and all the evidences presented by the
prosecution and the defence.
2. The judge decides about guilty or innocence of a person on basis of law
and court trial.
3. If the accused is convicted, then the judge pronounces the sentence.
4. He may send the person to jail or impose a fine or both, depending on
what the law prescribes.
(Q.)What is a Fair Trial?
The rule of law, which says that everyone is equal before the law, would not
make much sense if every citizen were not guaranteed a fair trial by the
Constitution.
1. A fair trial ensures that Article 21 of the Constitution is upheld. T
2. he trial is held in an open court, in public view.
3. The trial is held in the presence of the accused.
4. Accused is to be defended by a lawyer.
5. The judge decides the matter only on the basis of the evidence before the
court. He remains impartial.
(Q.)What are D.K. Guidelines?
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 and some of 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..
3. The arrest memo should be counter-signed by the person arrested.
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 outside the district, the time, place of
arrest and venue of custody must be notified by police within 8 to 12
hours after arrest.