NCERT Class 8 Civics Chapter 6 - Understanding Our Criminal Justice System

Chapter 6 - Understanding Our Criminal Justice System

Question 1: What is the role of the police in investigating a crime?
Answer:
Police has 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 of the accused person, then they file a chargesheet 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.

Question 2: What does accused mean?
Answer:
It refers to the person who is tried by a court for a crime.

Question 3: Who are the 4 key players in the criminal justice system?
Answer:
The 4 key players in the criminal justice system are
• Police
• Public Prosecutor
• Defence lawyer
• Judge

Question 4: What does the Article 22 of Indian Constitution state?
Answer:
Article 22 of the Constitution and criminal law guarantee to every arrested person the following Fundamental Rights:
• The Right to be informed at the time of arrest of the offence for which the person is being arrested.
• The Right to be presented before a magistrate within 24 hours of arrest.
• The Right not to be ill-treated or tortured during arrest or in custody.
• Confessions made in police custody cannot be used as evidence against the accused.
• A boy under 15 years of age and women cannot be called to the police station only for questioning.

Question 5: What is the full form of FIR? Write a brief note on FIR.
Answer:
FIR stands for First Information Report. It is with the registration of an FIR that the police can begin their investigations 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 a 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 persons and witnesses is also mentioned. The FIR also states the name and address of the complainant. There is a prescribed form in which the police registers an FIR and it is signed by the complainant. The complainant also has a legal right to get a free copy of the FIR from the police.

Question 6: What is the role of the Public Prosecutor?
Answer:
In 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.

Question 7: State the role of the judge.
Answer:
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.

Question 8: Explain the term fair trial.
Answer:
The trial held in the presence of the accused and held in an open court is known as fair trial. In fair trial the advocate has given an opportunity to cross-examine all the prosecution witnesses. A fair trial is the best means of separating the guilty from the innocent and protecting the innocent from injustice.

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