CBSE Class 8 Social Science The Role of Police and Court Notes. Learning the important concepts is very important for every student to get better marks in examinations. The concepts should be clear which will help in faster learning. The attached concepts made as per NCERT and CBSE pattern will help the student to understand the chapter and score better marks in the examinations.
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.
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.
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
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