MAXFORT SCHOOL, ROHINI

CLASS –VIII
CHAPTER 6 – Understanding the Criminal Justice System
Assignment : Solution Set

Q1. Answer the following questions in one line / one word.

a) Who has the legal right to get a free copy of the FIR from the police?
Ans. The complainant also has a legal right to get a free copy of the FIR from the police.

b) What has been mentioned in the D.K. Basu guidelines about the friend and relative of the person
arrested, detained or being interrogated?
Ans. The person arrested, detained or being interrogated has a right to inform a relative, friend or well-
wisher.

c) What does the rule of law say?

Ans. The rule of law says that everyone is equal before the law.

d) 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.
Ans. D.K. Basu guidelines.

e) What do you understand by the term “Criminal Justice System”?

Ans. Criminal Justice System is the system of law enforcement that is directly involved in apprehending,
prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal
offenses.

Q2. Answer the following questions in detail:

a) State the Fundamental Rights guaranteed under Article 22 of the Constitution.
Ans. Article 22 of the Constitution and criminal law 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. 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.
b) Who is the Public Prosecutor and what is the role of the public prosecutor?
Ans. In the court, it is the Public Prosecutor who represents the interests of the State. He/She is an official
who puts people on trial on behalf of the government and people of a particular country.
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.
 c) What is FIR? Describe the process of an FIR.
Ans. 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.

d) What is the D.K. Basu Guidelines and what it includes?

Ans. 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:

i. The police officials who carry out the arrest or interrogation should wear clear, accurate and
visible identification and name tags with their designations.
ii. 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.
iii. The arrest memo should be counter-signed by the person arrests.
iv. The person arrested, detained or being interrogated has a right to inform a relative, friend or
well-wisher.
v. 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.

e) What is the role of the police in investigating a crime? Explain.

Ans. 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 or 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.

f) Name the 4 key players of the criminal justice system in India. State two reasons why you believe that
different persons need to play different roles as part of the criminal justice system.
Ans. Four Key players are: Police, Defence Lawyer, Public Prosecutor and a Judge.
Two reasons why different people need to play different roles as part of the criminal justice system
are:
i. 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.
 ii. 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. Thus to avoid the misuse of power and unfairness in the
results.

g) What is the role of judge in Criminal Justice System?

Ans. The judge is like an umpire in a game and conducts the trial impartially and in an open court. 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.
He may send the person to jail or impose a fine or both, depending on what the law prescribes.

h) Write a brief note on the criminal procedure in the Criminal Justice System in India.
Ans. A crime is first reported by the victim to the Police and the police file a FIR or First Information Report.
Then the police begin the investigation and arrest the suspected person or persons. The police then file
a charge sheet in the Magistrate’s Court. The trial begins in court. The Public Prosecutor represents the
victim and the accused can defend themselves with the help of lawyer. Once the trial is over the
accused is either convicted or acquitted. If convicted, the accused can appeal to the higher court.

i) What are the procedures that have to be followed if the criminal trial has to be a fair trial?
Ans. Procedures to be followed are:
i. A copy of the chargesheet and all other evidence that the prosecution presented has to be given to
the accused.
ii. The trial has to be held in an open court, in public view and in the presence of the accused.
iii. The accused has to be given a lawyer to defend himself in case he cannot afford to employ a
lawyer.
iv. The prosecution has to prove beyond reasonable doubt of guilty of the accused.
v. The judge decides the matter only on the basis of the evidence before the court.