JAC Class 8 Social Science Notes Civics Chapter 6 Understanding Our Criminal Justice System

JAC Board Class 8th Social Science Notes Civics Chapter 6 Understanding Our Criminal Justice System

→ After a person is arrested, it is a court of law that decides whether the accused person is guilty or not.

  • According to the Constitution, every individual charged of a crime has to be given a fair trial.
  • According to Article 22 of the Constitution, ‘ every person has a Fundamental Right to be
    defended by a lawyer.
  • Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability.

JAC Class 8 Social Science Notes Civics Chapter 6 Understanding Our Criminal Justice System

→ What is the Role of the Police in Investigating a Crime?

  • 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.
  • Police investigations always have to be conducted in accordance with law and with full respect for human rights.

→ 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.

→ What is the Role of the Public Prosecutor?

  • A criminal offence is regarded as a public wrong.
  • What is meant by this is that it is considered to have been committed not only against the affected victims but against society as a whole.
  • In court, it is the Public Prosecutor who represents the interests 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.

→ What is the Role of the Judge?

  • 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.

JAC Class 8 Social Science Notes Civics Chapter 6 Understanding Our Criminal Justice System

→ What is a Fair Trial?

  • A fair trial ensures that Article 21 of the Constitution is upheld.
  • For a trial to be fair, several different procedures have to be observed. Article 21 of the Constitution that guarantees the Right to Life states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure.
  • It is significant that the judge decided the matter only on the basis of the evidence before the court.
  • All need to work to ensure that every citizen, irrespective of their class, caste, gender, religious and ideological backgrounds get a fair trial when accused.
  • The rule of law which says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution.

JAC Class 8 Social Science Notes

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