understanding criminal system

 

Additional Questions chapter understanding criminal system and justice

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.

1.  It is with the registration of an FIR (First Information Report) that the police can begin their investigations into a crime.
2.  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.
3.  This information can be given to the police either orally or in writing.
4.  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.
5.   If known, the identity of the accused persons and witnesses is also mentioned.
6.  The FIR also states the name and address of the complainant.
7.  There is a prescribed form in which the police register an FIR and it is signed by the complainant.
8.  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.