CBSE Guide for Class 8 NCERT Civics | Understanding Our Criminal Justice System | Additional questions answers


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Class 8, NCERT Civics (Social and Political Life - Part 3) | Solved Additional Questions

Chapter 6, Understanding Our Criminal Justice System - representative image

Question 1: What is the role of the police in investigating a crime?
Answer: One important function of the police is to investigate any complaint about the commission of the crime. This includes recording the statements of witnesses and finding all evidences. The Supreme Court of India has laid down specific requirements and procedures known as the D.K. Basu Guidelines that the police have to follow during the arrest, detention and interrogation of any person. On the basis of this investigation, if the police think that the evidence points to the guilt of the accused person, then they file a charge sheet in the court.
One important thing is to be mentioned here that it is not the job the police to decide whether a person is guilty or innocent as this will be decided in the court of law by the judge. 
Question 2: What is ‘fair trial’?
Answer: A trial is said “Fair Trial’ when it follows a set of reasonable and just legal procedures. A fair trial ensures that Article 21 (Fundamental Rights) of the Constitution is upheld.   
Question 3: Why is a Fair Trial important or necessary? Explain the essential elements of Fair Trial giving examples of Shanti’s case.
Answer: according to the Constitution, every individual charged of a crime has to be given a fair trial. The Article 21 of the Constitution which provides Fundamental Rights to a citizen guarantees the right to life states that a person’s life or liberty can be taken away only by following reasonable and just legal procedures. A Fair Trial is necessary to ensure that Article 21 of the Constitution is upheld. Moreover, the rule of law which states that everyone is equal before the law would not make much sense if there is no fair trail.
Elements of Fair Trial - There are some essential elements of a fair trial which in view of Shanti’s case can be mentioned as follows:
(1) A copy of the charge sheet and all other evidences that the prosecutor presented was given to Shanti.
(2) The trail was held in an open court in presence of the accused.
(3) In accordance with Article 22 and article 39A, a defence lawyer advocate Roy was provided to the accused.
(4) The defence lawyer was given full opportunity by the judge to plead the case on behalf of the accused, cross-examine all the prosecution witnesses and present witness in defence of the accused.
(5) The judge assumed Shanti to be innocent and it was the responsibility of the Public Prosecutor to prove the accused (or Shanti) guilty beyond any reasonable doubt.
Thus the judge remained impartial and decided whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. In Shanti’s case, she was given a Fair Trial and was acquitted of the charge of theft.     

Question 4: Write a short note on “FIR”.
Answer: The First Investigation Report or FIR is filed in the police station. After the registration of an FIR the police start their investigation into a crime. As per the law 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. This information can be given to the police orally or in writing. It usually contains the date, time, place of offence and basic facts including the description of the events. One can also mention the identity of the accused persons, witnesses, their addresses etc. The FIR also states the name and address of the complainant along with his signature. The complainant has a legal right to get a copy of the FIR from the police.    
Question 5: What is the role of a judge?
Answer: The judge is like an umpire in a game. He conducts the trail impartially and in an open court. The judge hears all the witnesses and any other evidences presented by the prosecution and the defence. He arrives at his final judgment of the case on the basis of the evidence presented and in accordance with the law. If the accused is convicted, the judge pronounces the sentence. He may send the person to jail or impose a fine or both, as per the provision of the law.  
Question 6: Define: (a) Public Prosecutor (b) Defence Lawyer
(a) Public Prosecutor - The advocate who pleads the cases on behalf of the government and who has been appointed by the government on permanent basis is known as the Public Prosecutor.
(b) Defence Lawyer - Defence lawyer is the advocate who pleads on behalf of the accused person(s).

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