CBSE Class 8 Civics Social and Political Life Understanding Our Criminal Justice System Worksheet Set A

Long Answer

Question. Explain the D.K.Basu guidelines? 
Answer: The D.K. Basu Guidelines are:
1. The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations.
2. 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.
3. The person arrested, detained or being interrogated has a right to inform a relative, friend or well-wisher.
4. 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.

Question. Write short note on FIR?
Answer: FIR stands for First Information Report. It is with the registration of an FIR 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 the 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 is also mentioned. The FIR also states the name and address of the complainant. 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.

Question. Explain the fundamental rights of article 22 of the constitution and criminal law guarantee to every arrested person? 
Answer: Article 22 of the Constitution and criminal law guarantee to every arrested person the following fundamental rights:
1. The right to be informed at the time of arrest of 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 not to be ill-treated or tortured during the arrest or in custody.
4. Confessions made in police custody cannot be used as evidence against the accused.
5. A boy under 15 years of the age and women cannot be called to the police station only for questioning.

Question. Explain what are the procedures that have to be followed if the criminal trial has to be a fair trial? 
Answer: Procedures to be followed are:
1. A copy of the charge sheet and all other evidence that the prosecution presented has to be given to the accused.
2. The trial has to be held in an open court, in public view and in the presence of the accused.
3. The accused has to be given a lawyer to defend himself in case he cannot afford to employ a lawyer.
4. The prosecution has to prove beyond reasonable doubt of guilty of the accused.
5. The judge decides the matter only on the basis of the evidence before the court.

Question. Write short note on public prosecutor?
Answer: Public Prosecutor is a person that has been appointed either by the central Government or the State government to represent cases on behalf of the State in criminal trials. The main role of the public prosecutor is to serve the ends of justice in the best interests of the public. A Public Prosecutor is an officer of the court helping in the administration of justice. It is clear from the fact that the main duty of the Public Prosecutor is to help the court in finding the facts of the case. The Public Prosecutor must be impartial, fair and honest. He must act on the directions of the judge. In 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 or 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 or 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.