JAC Board Class 8th Social Science Solutions Civics Chapter 6 Understanding Our Criminal Justice System
JAC Class 8th Civics Understanding Our Criminal Justice System InText Questions and Answers
Page 71
Question 1.
Why do you think there is a rule that confessions made during police custody cannot be used as evidence against the accused?
Answer:
There is a rule that confessions made during police custody cannot be used as evidence against the accused because there is always a possibility and probability that the police may create pressure around the accused to prove to make confessions.
Page 72
Question 2.
Now let us return to the story of Shanti and answer the following questions:
(a) When Shanti was arrested for theft, S.I. Rao also kept her brother Sushil in the police lock up for two days. Was it legal for the police to detain him? Does it violate the D.K. Basu guidelines?
(b) Did S.I. Rao do enough to question witnesses and compile evidence before arresting Shanti and filing a case against her? In keeping with the duties of the police as stated above, what else do you think S.I. Rao could have done as part of his investigation?
Answer:
(a) No, it was not legal for the police to detain him. Yes, it violates D.K. Basu guidelines.
(b) No, S.I. Rao didn’t do enough to question witnesses and compile evidence before arresting Shanti and filing a case against her. S.I. Rao could have done the following things as part of his investigation:
- Investigation should have been in large scale involving many people from the locality.
- His decision was one-sided as he arrested Shanti on the basis of what the Mr. Shinde told.
- He has done the investigation in hurry and hence, got wrong conclusion.
Question 3.
Now let us take a slightly different scenario. Shanti and her brother Sushil go to the police station to complain that Mr. Shinde’s 20-year old son had stolen ? 15,000 that they had been saving up. Do you think that the officer in charge of the Police Station will promptly lodge a FIR? List a few factors that in your opinion may influence the decision of the police to register or not register an FIR.
Answer:
No, I don’t think that the officer in charge of the Police Station will promptly lodge a FIR. Few factors that in my opinion that may influence the decision of the police to register or not register a FIR are social and political status.
Page 73
Question 4.
What did the judge say in Shanti’s case after hearing the testimony of all the witnesses?
Answer:
The judge said that in Shanti’s case after hearing the testimony of all the witnesses that the police didn’t investigate in a fair manner and it was one sided. Hence, prosecution failed to prove that Shanti was guilty. This proved Shanti was innocent and the gang who did was arrested. Hence, the judge showed enough evidence in favour of Shanti and acquitted her.
Page 75
All of the processes, written in bold on page 74, are crucial to a fair trial. Write in your own words what you understand of the following processes based on the above description of Shanti’s case.
a. Open Court
b. Basis of Evidence
c. Cross-examination of Prosecution Witnesses
Answer:
(a) Open Court:
The trial is held in front of everyone, publicly.
(b) Basis of Evidence:
Witnesses are produced in court and questioned in the court. Also discuss about the case which becomes the basis of evidence and judgement.
(c) Cross examination of Prosecution Witnesses:
The defence lawyer and the Public Prosecutor are allowed to ask questions to witnesses in court.
Question 6.
Discuss in class what might have happened in Shanti’s case if the following procedures had not been observed.
(a) If she were not defended by a lawyer.
(b) If the court had not assumed her to be innocent.
Answer:
In both the cases, she would have not got justice.
JAC Class 8th Civics Understanding Our Criminal Justice System Textbook Questions and Answers
Question 1.
In a town called Peace Land, the supporters of the Fiesta football team learn that the supporters of the Jubilee football team in the nearby city about 40 km away have damaged the ground on which the Final between both teams is to be held the following day. A crowd of Fiesta fans armed with deadly weapons attacks the homes of the supporters of the Jubilee football team in the town. In the attack, 10 men are killed, 5 women are gravely hurt, many homes are destroyed and over 50 people injured. Imagine that you and your classmates are now part of the criminal justice system. First divide the class into the following four groups of persons:
1. Police
2. Public Prosecutor
3. Defence lawyer
4. Judge The column on the right provides a list of functions. Match these with the roles that are listed on the left. Have each group pick the functions that it needs to perform to bring justice to those who were affected by the violence of the Fiesta fans. In what order, will these functions be performed?
| Roles |
Functions |
| Police |
hear the witnesses |
|
record the statements of witnesses |
| Public Prosecutor |
cross examine the witnesses |
|
take photographs of burnt homes |
| Defence Lawyer |
record the evidence |
|
arrest the Fiesta fans |
| Judge |
writes the judgment |
|
argue the case for the victims |
|
decide for how many years the accused will be put in jail |
|
examine the witnesses in court |
|
pass the judgment |
|
get the assaulted women medically |
|
examined |
|
conduct a fair trial |
|
meet the accused persons |
Answer:
| Roles |
Functions |
| Police |
record the statements of witnesses |
|
arrest the Fiesta fans |
|
get the assaulted women medically examined |
|
take photographs of burnt homes |
| Public Prosecutor |
cross examine the witnesses |
|
argue the case for the victims |
| Defence Lawyer |
meet the accused persons |
|
examine the witnesses in court |
| Judge |
hear the witnesses |
|
record the evidence |
|
writes the judgment |
|
decide for how many years the accused will be put in jail |
|
pass the judgment |
|
conduct a fair trial |
No. I don’t think that the victims would get justice if only one person performed all of the functions of the criminal justice system because he could get influenced by various prejudices or get biased. He can also be overpowered by any person which may affect the process of investigation. Hence, a separation of power is necessary within a judicial system too, since absolute power can lead to unfairness. Two reasons why different people need to play different roles as part of the criminal justice system are as follows:
- All the aspects of trial and investigation cannot be conducted by a single person, since it requires a diverse range of work including arresting, recording the statements of witnesses, defending the victim and accused parties, passing a fair trial and judicially correct judgment.
- If all the powers are vested on one person alone, it might be misused and exploit and thereby violate the laws based on just and equal decision
JAC Class 8th Civics Understanding Our Criminal Justice System Important Questions and Answers
Multiple Choice Questions
Question 1.
There are four people who play a key role in our criminal justice system. These are the police, the Public Prosecutor, the defence lawyer, and the .
(a) army
(b) criminal
(c) judge
(d) victim
Answer:
(c) judge
Question 2.
The role of the police begins with the lodging of an…….in the police station. After the registration of the it, the police starts investigation.
(a) FIR
(b) IFR
(c) PIL
(d) None of these
Answer:
(a) FIR
Question 3.
Article 22 of the Constitution and criminal law guarantees right/s to every arrested person is / are:
(a) The Right to be informed at the time of arrest of the offence for which the person is being arrested and to be presented before a magistrate within 24 hours of arrest.
(b) The Right not to be ill treated or tortured during arrest or in custody and to be informed at
the time of arrest of the offence for which the person is being arrested.
(c) Confessions made in police custody cannot be used as evidence against the accused and a boy under 15 years of age and women cannot be called to the police station only for questioning.
(d) All of these
Answer:
(c) Confessions made in police custody cannot be used as evidence against the accused and a boy under 15 years of age and women cannot be called to the police station only for questioning.
Question 4.
Witness means:
(a) Person harmed, injured, or killed as a result of a crime, accident, or other event or action.
(b) Person or animal that attacks someone or something.
(c) A public officer appointed to decide cases in a law court.
(d) Person who is called upon in court to provide a first-hand account of what he/she has seen, heard or knows.
Answer:
(d) Person who is called upon in court to provide a first-hand account of what he/she has seen, heard or knows.
Question 5.
Detention means:
(a) Any act that the law defines as a crime.
(b) Act of being kept in illegal custody by the police.
(c) Act of being fair or just and not favouring one side over another.
(d) All of these
Answer:
(b) Act of being kept in illegal custody by the police.
Question 6.
Offences means:
(a) Act of being fair or just and not favouring one side over another.
(b) Act of being kept in illegal custody by the police.
(c) Any act that the law defines as a crime.
(d) None of these
Answer:
(c) Any act that the law defines as a crime.
Question 7.
…….. represents the interests of the State in court.
(a) Judge
(b) Public Prosecutor
(c) Victim
(d) Defense lawyer
Answer:
(b) Public Prosecutor
Question 8.
…….. acts on behalf of the accused and also produces witnesses and evidence before the court in favour of his client.
(a) Victim Defense Lawyer
(b) Victim Judge
(c) Victim Public Prosecutor
(d) Victim Panel of Jury
Answer:
(a) Victim Defense Lawyer
Question 9.
Every person has a fundamental Right to be defended by a lawyer under the act……..
(a) Act 42
(b) Act 67
(c) Act 45
(d) Act 22
Answer:
(d) Act 22
Question 10.
Police file a charge sheet in the court:
(a) If a person is suspected for anything.
(b) If investigation proved the person is accused.
(c) If a person commits a crime.
(d) If police arrest a person.
Answer:
(b) If investigation proved the person is accused.
Very Short Answer Type Questions
Question 1.
Who hears all the witnesses and other evidence presented by the prosecution and the defense and afterwards he decides whether the accused person is guilty or innocent?
Answer:
The judge hears all the witnesses and other evidence presented by the prosecution and the defense and afterwards he decides whether the accused person is guilty or innocent.
Question 2.
What the judge pronounces if the accused is convicted?
Answer:
The judge pronounces the sentence if the accused is convicted.
Question 3.
Is judiciary in India is less powerful than USA?
Answer:
Yes, judiciary in India is less powerful than USA.
Question 4.
When you see someone violating the law, whom we should inform immediately?
Answer:
When we see someone violating the law, we should inform the police immediately.
Question 5.
What is the role of the police in the Criminal Justice System?
Answer:
In the Criminal Justice System the police play the role of investigating the case and arresting the accused.
Question 6.
Who is a prosecutor?
Answer:
Aprosecutor is an official who puts people on trial on behalf of the government and people of a particular country.
Question 7.
Why is the Prosecutor called a Public Prosecutor?
Answer:
The Prosecutor who represents the State is called a Public Prosecutor as a criminal offence is regarded as a public wrong, which has been committed not only against the victim, but also against the society as a whole.
Question 8.
What do you mean by Rights? How can we practice our Rights?
Answer:
Rights means a declaration of a person recognised by society and approved by law. We can practice our Rights when we claim that is equally possible for others. We cannot have a Right that can harm or hurt others.
Question 9.
Article 39A of the Constitution assign duty to the State. What is it?
Answer:
Article 39A of the Constitution assign duty to the State. The duty is that the State shall provide a lawyer to any citizen who is unable to engage one for him due to monetary issues or other disability.
Question 10.
What does the Article 21 state?
Answer:
Article 21 states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure.
Short Answer Type Questions
Question 1.
What is the role of the judge in the Criminal Justice System?
Answer:
The judge conducts the fair trial and in an open court. The judge hears properly all the witnesses and any other evidence presented by the prosecution and the defense. 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 2.
What do you mean by ‘Criminal Justice System’?
Answer:
Criminal Justice System is the system of law enforcement that is directly involved in apprehending, detaining, prosecuting, defending, sentencing and punishing those who are suspected or convicted of criminal offenses.
Question 3.
What are the guidelines that the police have to follow during investigation?
Answer:
The Supreme Court has laid down 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. They cannot inflict any form of punishment on a person even for petty offences.
Question 4.
What is the role of the police in investigating a crime?
Answer:
The role of the police in investigating a crime of any complaint is 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 charge sheet in the court.
Question 5.
Write a note on Public Prosecutor.
Answer:
The Public Prosecutor who represents the interests of the State in court. 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 fairly and present the full material facts, witnesses and evidence before the court to enable the court to decide the case of the accused is guilty or not.
Question 6.
Write a brief note on the criminal procedure in the Criminal Justice System in India.
Answer:
A crime is first reported by the victim to the police and the police file a FIR which is First Information Report. Then the police begin the investigation and arrest the suspected person or persons. Then, the police file a chargesheet in the Magistrate’s Court. The trial begins in an open court. The Public Prosecutor represents the victim and the accused can defend themselves with the help of lawyer. Once the trial is over the accused is either convicted or acquitted. If convicted, the accused can appeal to the higher court.
Question 7.
Mention the procedures that have to be followed if the criminal trial has to be a fair trial.
Answer:
The procedures that have to be followed if the criminal trial has to be a fair trial are:
- A copy of the chargesheet and all other evidence that the prosecution presented has to be given to the accused.
- The trial has to be held in an open court means in public view and in the presence of the accused.
- The accused has to be given a lawyer to defend himself in case he cannot afford to employ a lawyer.
- The prosecution has to prove beyond reasonable doubt of guilty of the accused.
- The judge decides the matter only on the basis of the evidence before the court.
Question 8.
What do you understand by chargesheet?
Answer:
Chargesheet is a formal and important document of accusation prepared by the police. It is a final report in which it is mentioned that a crime has been committed. Once it is submitted in the court, prosecution proceeds against the accused.
Question 9.
What do you mean by fair trial?
Answer:
A fair trial means that the accused has the access to the service of the lawyer and his or her case conducted in the court properly and after detailed enquiry, the verdict is passed by the judge, A person is said to be accused and not a criminal until the person’s crime is provided beyond doubt.
Long Answer Type Questions
Question 1.
Write briefly on FIR.
Answer:
FIR stands for First Information Report. The police can begin their investigations into a crime with the registration of an FIR. The law states that it is compulsory for an officer in charge of a police station to register a 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 are also mentioned. The FIR also states the name and address of the complainant. There is a prescribed form in which the police register a 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 2.
Explain D.K. Basu Guidelines.
Answer:
D.K. Basu guidelines are the guideline which the Supreme Court of India has laid down with specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. Some of these guidelines include:
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 a known person. 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.