CBSE Class 8 Social Science Understanding Our Criminal Justice System Notes

Understanding Our Criminal Justice System

THE ROLE OF POLICE AND COURT

Judicial cases can be divided into two categaries :

(a) Civil cases : Cases concerned with private rights

(b) Crime cases : Cases which go against community

Role of different Judicial Agencies :-

The role of the different agencies are as follows :

1. Role of the Court :- In India, Courts are at three different levels i.e., District Courts, High Court the Supreme Court. They play a vital role in the administration of justice. Court sees the facts, figures given by both appellants and respondents through their lawyers before taking the decision. If a person is not satisfied with juagement of District Court he / she can go to the High Court and further to the Supreme Court.

2. Role of Public Prosecutor (PP) :-

In criminal cases, the government is always the party that sues the accused. The government is represented in Court by a public prosecutors. These are appointed by the government. A public prosecutor must be an advocate who has been in practice for atleast seven years. He has to do his duty faithfully and must present materials, facts, witnesses and evidences before the court to enable the court to decide the case.

3. Role of the Police :- The police is an important pillar of administration to maintain law and order, enforcement of law, investigation of crime, detention of criminals, collection of evidences and convictions. The police can arrest a person who commits a crime or disturbs the peace and order of the society. After proper investigation, a chargesheet, containing accusations against the offender, is submitted in a suitable court. The police investigations have to keep in mind the human rights. The Supreme Court laid certain 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 during investigation.

According to the Constitution’s Article 22, the persons who are arrested should be given Fundamental Rights.

These Fundamental Rights are as follows:

1. The Right to be informed, at the time of arrest specifying the offence for which the person is being arrested.

2. The Right to be presented before a magistrate, within 24 hours of arrest.

3. The Right for not to be ill-treated or tortured during arrest or in custody.

4. The confessions made in police custody cannot be used as evidence against the accused.

5. A boy under 15 years of age and women cannot be called to the police station only for questioning.

The Supreme Court Index

The Supreme Court of India has laid down specific requirements and procedures that the police and other agencies have to follow during arrest, detention and interrogation of any person. These are known as the

D.K. Basu Guidelines and some of these include:

• The police officials who carry out the arrest for interrogation should wear clear, accurate and visible identification and name tags with their designations.

• 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 at least one witness who could include a family member of the person arrested. The arrest memo should be counter-signed by the person arrested.

• The person arrested, detained or being interrogated has a right to inform a relative, friend or a well-wisher.

• When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by the police with in 8 to 12 hours after the arrest.

What is an FIR?

1. FIR is the First Information Report which a police officer receives about the commitment of the crime. It is the report which reaches to the police, first in due period of time.

2. FIR must be written, duly signed and a copy must be given to the informant. It is not necessary that only a victim files an FIR.

3. Even a person knowing about the commitment of a cognizable offence can file an FIR. Any officer knowing about the cognizable offence can file an FIR.

4. The FIR can be filed at any place in the country and is not necessary to file where the crime took place. The police officer of such a station where the FIR is filed shall send the matter to the police station under whose jurisdiction the matter falls.

5. No time limit exists for filing an FIR, though it is best to file it as soon as an offence is committed.

6. Every complainant can ask for a copy of FIR free of cost.

Role of the Judge

After the role of police, public prosecutor, the role of the court cannot be played without a judge. The judge hears all the witnesses and other evidences presented by the prosecution and the defence. The judge is the one who decides whether the person accused is guilty or innocent on the basis of evidence and in accordance with the law.

Fair Trial

A fair trial is the one which ensures that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure. Article 21 of the constitution which guarantees the right to life states that a person’s life or liberty can be taken away only after a reasonable and just legal procedure. A trial is unfair in a case where the court did not give a copy of the charge sheet and statement of witnesses to the accused. If the trial is held in a secret location without the accused and he is not given any lawyer and had already decided that the accused is guilty, then in such a case it is an unfair trial. He/she is defended by a lawyer. The ease is even cross-examined by the prosecution lawyer. When evidence is not found against the accused he/she as acquitted. It then becomes, a fair trial. All citizens, irrespective of caste, colour, creed, gender, religion, etc., have a chance of a free trial. According to our constitution, the police, the court, the prosecutor and the 'Judge' should carry their roles in a proper manner so that justice can be done to everyone without any discrimination.

KEY WORDS

appellant : one who takes a case to the court for the redressal of his/her grievance

cognizable : an offence for which the police may arrest the person without the court’s permission

elites : influential sections of the society

FIR : it is the First Information Report, which is filed when an offence takes place

impartial : the judgement which is given on the basis of fair and just means not on favouring one side over another

offence : any illegal activity which breaks the law

respondent : one against whom the case is registered

witness : a person who is called to provide a first hand account of what he/she has seen, heard or knows to the court about the case

fair trial : ensures the person’s life or liberty by giving him a proper chance to defend

UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM

Q1. Mention the importance of the court of law in our legal system.

Ans. Courts play an important role in our legal system as they are the ones who provides justice and see to it that person who has committed crime is guilty or not.

Q2. Mention the four key players in criminal justice system.

Ans. Police, Public Prosecutor, Defense Lawyer, Judge.

Q3. Describe the role of the police in Investigating a Crime.

1. One important function of the police is to investigate any complaint about the commission of a crime.

2. An investigation includes recording statements of witnesses and collecting different kinds of evidence.

3. On the basis of investigation, the police are required to form an opinion.

4. If the police think that the evidence points to the guilt of the accused person, then they file a charge sheet in the court.

5. Ultimately judge takes the decision whether a person is guilty or innocent.

Q4. What guidelines have been laid by Supreme Court for police during investigation?

a) The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation.

b) Police investigation always has to be conducted in accordance with law and with full respect for human rights.

c) The police are not allowed to torture or beat or shoot anyone during investigation.

d) They cannot inflict any form of punishment on a person even for petty offences.

Q5. How is article 22 of Indian Constitution a guarantee from arbitrary arrest?

Ans. Article 22 of the constitution and criminal law guarantee from arbitrary arrest as they are helped from their fundamental right as stated below:

· 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 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.

Q6. List the guidelines given by D.K. Basu for arrest and detention.

Ans. The following are the guidelines given by D.K. Basu.

* The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations.

* 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 at least one witness who could include a family member of the person arrested. The arrest memo should be counter signed by the person arrested.

* The person arrested, detained or being interrogated has a right to inform a relative, friend or well- wisher.

* 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.

Q7. Write a short note on F.I.R.

* It is with the registration of an FIR (First Information Report) 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 register 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.

Q8. Explain the role of the judge in the Indian Judicial Criminal System.

* 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.

Q9. What is a FAIR TRIAL?

* A fair trial is when the trail is held in an open court, in public view.

* Any relative can attend the court. The trial is held in the presence of the accused.

* The accused is defended by a lawyer. The advocate of the accused is given an opportunity to present witnesses in the accused defence.

* Although the police files the cases judge should assume the accused to be innocent.

* The judge should decide the matter only on the basis of evidence before the court.

* The judge should be impartial. They all should ensure that all the citizens irrespective of their class, caste, gender, religious and ideological background gets a fair trial when accuses.

Q10. What is the role of the Public Prosecutor?

* In the 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 charge sheet in the court.

* He / She have 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.