Understanding Our Criminal Justice System Extra Questions Chapter 6 Class 8 Civics
Here you will find Chapter 6 Understanding Our Criminal Justice System Extra Questions for Class 8 Civics that will be useful in knowing how questions can be framed in the examinations. Class Extra Questions is very helpful in in knowing the important points given inside the chapter.
Chapter 6 Understanding Our Criminal Justice System Very Short Answer Questions (VSAQs):
1. What does the Magistrate do for Shanti?
Answer
The Magistrate appoints Advocate Kamla Roy as Shanti’s defence lawyer at the expense of the government.
2. When do the police file a chargesheet in the court?
Answer
When the police think that the evidence points to the guilt of the accused person, then they file a chargesheet in the court.
3. What is mentioned in Article 22 of the Constitution?
Answer
It is mentioned in Article 22 of the Constitution that every person has a Fundamental Right to be defended by a lawyer.
4. Who are the people who play key role in the criminal justice system?
Answer
The police, the Public Prosecutor, the defence lawyer and the judge.
5. What duty does Article 39A of the Constitution assign to the State?
Answer
The State shall provide a lawyer to any citizen who is unable to engage one due to poverty or other disability.
6. 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.
7. What is the duty of a public prosecutor?
Answer
The duty of a public prosecutor is to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.
8. On what basis do the police form an opinion?
Answer
The police form an opinion on the basis of investigation.
9. Who decides whether a person is guilty or innocent?
Answer
The judge decides whether a person is guilty or innocent.
10. What is a fair trial?
Answer
In a fair trial justice is done to the innocent person and the real accused is awarded sentence.
11. How is the job of the police limited?
Answer
It is not the job of the police to decide whether a person is guilty or innocent.
12. What happened to Shanti in the last?
Answer
She was acquitted because she was innocent. and she got a fair trial.
Chapter 6 Understanding Our Criminal Justice System Short Answer Questions (SAQs):
1. Write a short note on First Information Report (FIR).
Answer
The police begin their investigations into a crime after an FIR is lodged. The law states that 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 either oral or written. The FIR mentions the date, time and place of the offence, details the basic facts of the offence, including a description of the events. The FIR also mentions the name and address of the complainant. The police registers an FIR in a prescribed form which is signed by the complainant. He gives the complainant a free copy of the FIR in the last.
2. 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.
3. What are the guidelines that the police have to follow during investigation?
Answer
Police investigations have to be conducted in accordance with law and with full respect for human rights. 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.
4. 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 or First Information Report. Then the police begin the investigation and arrest the suspected person or persons.
• The police then file a charge sheet in the Magistrate’s Court. The trial begins in court.
• The Public Prosecutor represents the victim and the accused can defend themselves with the help of a lawyer.
• Once the trial is over the accused is either convicted or acquitted. If convicted, the accused can appeal to the higher court.
5. What is the role of the judge in the Criminal Justice System?
Answer
• The judge conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defence.
• 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.
6. What role do the police play in investigating a crime?
Answer
Whenever there is any complaint about the commission of a crime, the police start an investigation into it. The investigation includes recording statements of witnesses and collecting different kinds of evidence. The police form an opinion on the basis of this investigation. If they think that the evidence points to the guilt of the accused person, then they file a chargesheet in the court. Thus, it is not the job of the police to decide whether a person is guilty or innocent. It is the judge who decides this point.
7. What role does the Public Prosecutor play in the criminal justice system?
Answer
The Public Prosecutor plays a key role in the criminal justice system. In the court, he represents the interests of the State. His role begins once the police has conducted the investigation and filed the chargesheet in the court. He does not play any role in the investigation. Being an officer in the
court, he is expected to discharge his duty impartially. It is also his duty to present the full and material facts, witnesses and evidence before the court so that the court may decide the case.
8. What are the procedures that have to be followed if the criminal trial has to be a Fair Trial?
Answer
• A copy of the charge sheet and all other evidence has to be given to the accused.
• The trial has to be held in an open court, in public view and should be 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 doubt the guilt of the accused and the Judge has to pass the judgement only on the basis of the evidence before the court.
Chapter 6 Understanding Our Criminal Justice System Long Answer Questions (LAQs):
1. What are known as the D.K. Basu Guidelines issued by the Supreme Court of India?
Answer
• 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 well wisher.
• 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.
2. What Fundamental Rights have been guaranteed by Article 22 of the Constitution and criminal law to every arrested person?
Answer
• 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.