Sub: - CIVICS

Ch.6 Our Criminal Justice System STD:

VIII
Answer the following.

Q1. Mention the role of the police in investigating a crime.

Ans. The police is the primary law enforcement agency. The main
functions of the police is to file an FIR on the basis of the victim of a crime
and visiting the scene of crime and collecting all relevant evidences. The
police investigate a crime and file a charge sheet in the court within a
period of three months.

Q2. Mention three Fundamental Rights guaranteed by Article 22 of the

Constitution.
Ans: Article 22 of the Constitution guarantees the following Fundamental
Rights to a citizen:
*No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest.
* No such person shall be denied the right to consult, and to be defended
by a legal practitioner of his/her choice.
*Every person who is arrested and detained shall be produces before the
nearest Magistrate within a period of 24 hours, excluding the time
necessary for the journey from the place of arrest to the court of the
Magistrate.

Q3. Describe the role of a Judge.

Ans. The Judge decides whether the accused person is guilty or innocent
on the basis of evidences presented in the court and in accordance with
the law. He is supposed to be impartial.

Q4. What is a First Information Report?

Ans. A First Information Report is a written report of a crime. The police
record the complete account and gives a copy of it to the complainant.
Q5. What is the role of the public prosecutor?
Ans. The public prosecutor is a representative of the state or the
government. The role of the public prosecutor begins after the
Investigating Officer has conducted the investigation and submitted the
charge sheet in the court. The prosecutor conducted the prosecution on
the basis of the charge sheet and on behalf of the state.

Q6.Describe various aspects of a fair trial.

Ans. India’s judicial system provides full scope for a fair trial. The
prosecution has to prove beyond reasonable doubt that the accused
person is guilty. The whole judicial system hinges on the premise that no
innocent person should be punished, unless proved otherwise by the
court. We have an independent judiciary. Article 21 of the Constitution,
the Criminal Procedure Code and the Civil Procedure Code provide full
scope for a fair and judicious trial.
Q7. Explain the main features of our criminal justice system.
Ans. Our criminal justice system is based on the rule of law which means
equality before law without discrimination on grounds of class, caste,
religion, gender, etc. The Criminal Procedure Code guarantees following
rights to a person:
* The right not to be ill-treated or tortured during arrest or in custody.
* Confession made in police custody by an accused cannot be used as an
evidence against the accused in the court. However, the confession can be
brought to the knowledge of the court and can be used as a plea to secure
further police remand of the accused for the sake of investigation.
*A boy under 15 years of age and women cannot be called to the police
station only for questioning.

Q8. What is the role of the public prosecutor?

(i) In court, Public Prosecutor represents the interests of the State.
(ii) The role of the Public Prosecutor begins once the police have
conducted the investigation and filed the charge sheet in the court.
(iii) He must conduct the prosecution on behalf of the State.
(iv) He is expected to act impartially and present the full and material
facts, witnesses, and evidence before the court.

Q9. List the guidelines given by D.K Basu for arrest and detention.

The Supreme Court of India provides basic standards and protocols for
police and other authorities to meet when arresting, detaining and
interrogating someone.
The guidelines given by D.K Basu for arrest and detention are as follows:
• Police officers conducting arrests or interrogations should wear simple,
correct, and identifiable identity and name tags with their designations.
• At the time of detention, a memo of arrest should be written, containing
the time and date of arrest. It could also be attested to by at least one
witness, a family member of the accused person. The person arrested
should sign the document.
• The person who has been arrested, imprisoned, or interviewed has the
right to notify a relative, acquaintance, or well-wisher. When a friend or
relative lives outside the district, police must inform them of the time,
place of arrest, and venue of custody within 8 to 12 hours of arrest.

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