extra questions
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 modified 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 is 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. ÿ 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. ·
· As an officer of the court, it is his/ her duty to present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.
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 modified 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 is 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. ÿ 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. ·
· As an officer of the court, it is his/ her duty to present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.
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