Notes of Chapter -6 Understanding Our Criminal Judicial System | class 8th civics |By Anju choudhary

-

 

Understanding Our Criminal Justice System

Chapter-6
After occurrence of crime , police arrests the accused person, registers an FIR, then  after investigation police files a charge sheet in magistrate's court. Then court decides whether the accused person is guilty or not in a defined way as mentioned under laws in constitution

According to Article 22 of the Constitution, every person has a Fundamental Right to be defended by a lawyer. 39A Article of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to hire  one due to poverty or other disability.


4 key players in the criminal justice system are:

  1.  The police
  2. The  Public Prosecutor
  3. The defense lawyer 
  4. The  judge


Role of the Police in Investigating a Crime

  1.  To investigate any complaint about  crime.
  2.  The investigation includes recording statements of witnesses and collecting different kinds of evidence.
  3.  If  The evidences  points to the guilt of the accused person, police  file a charge sheet in the court. It is not the duty of the police to decide whether a person is guilty or innocent, the judge has to decide this.

.

The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation.

  1.  The police are not allowed to torture or beat or shoot anyone during the investigation or interrogation.
  2.  They cannot give any form of punishment on a person even for small offences.


Article 22 of the Constitution

Article 22 of the Constitution and criminal law guarantee the following Fundamental Rights to every arrested person:

• 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.


D.K. Basu Guidelines

The Supreme Court of India sets specific guidelines  that the police and other agencies have to follow for the arrest, detention and interrogation of any person.

• The police officials who carry out the arrest or interrogation should wear clear, accurate and name tags with their designations.

• A memo of arrest should be prepared at the time of arrest which includes 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 countersigned 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 police within 8 to 12 hours after arrest.


First Information Report-Features of:

  •  Once the FIR is registered, the police can begin their investigations into a crime
  • 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  either orally or in writing.
  •  The FIR usually mentions the date, time and place of the offence, details t 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. Police can register an FIR in a prescribed form, signed by the complainant.
  •  The complainant also has a legal right to get a free copy of the FIR from the police.


Role of Public Prosecutor

A criminal offence, regarded as a public wrong is committed not only against the affected victims but against society as a whole.  the public prosecutor who represents the interests of the state. Their role begins after the police have conducted the investigation and filed the charge sheet in the court.   The Prosecutor conducts the prosecution on behalf of the State. As an officer of the court, it is their duty to act impartially, thus enabling the court to decide the case.


Role of the Judge

Like an umpire in a game, the Judge conducts the trial impartially in an open court. He/ She hears all the witnesses and all evidence presented by the prosecution and the defence. On the basis of the evidence presented and in accordance with the law, the judge decides whether the accused person is guilty or innocent. If the accused is convicted, then the judge pronounces the sentence and sends them to jail or imposes a fine or both, what the law prescribes.

What is a Fair Trial?

 A fair trial ensures that Article 21(right to life) of the Constitution is upheld.


Features of Fair Trial:

  •  Held in an open court, in public view-in the presence of the accused.
  • Accused to be  defended by a lawyer-Defence lawyer  have opportunity to cross-examine all the prosecution witnesses and to present witnesses in accused’s favor.
  •  Judge assumes that the accused is innocent- prosecution has to prove beyond reasonable doubt that the accused is guilty.
  • judge decides the matter only on the basis of the evidence- judge remains impartial and on proved innocent, the accused is allowed to go free.

Every citizen must be guaranteed a fair trial by the constitution without any discrimination.


Here I have provided link of detailed explanation of this chapter...here you go;


https://youtu.be/_Kw0te5jXYY


Comments

Post a Comment

Popular posts from this blog

Handwritten Notes of Nomadic Empire- Class 11th- History

-
Image
HANDWRITTEN NOTES   CLASS 11TH 'HUMANITIES' HISTORY  Chapter 5  NOMADIC EMPIRES  Mongols:- Mongols were the nomadic tribe of modern region of Mongolia. Mongols earlier belonged to central Asia. Mongols were wandering people and divided into tribes. The tribes were constantly at war with each other.  Loot and plunder was internal part of their living. Mongolians were patriarchial in nature. Birth of son was considered as a sign of property of the family. Social background of Mongolians-   1) The Mongols were a diverse body of people. 2) Some of the Mongols were pastoralists while othere were hunter-gatherers. 3) The pastoralists tended horses, sheep, cattle, goat and camels. They nomadised in steppes of central Asia in area of modern state of Mongolia. 4) The hunter gatherers resided in North of Mongolia in Siberian forests.  5) Agriculture was possible in pastoral regions during short period of years. 6) The Mongo...
Read more

The End Of Bipolarity - Chapter 2 - Political Science - class 12th 'humanities'

-
Image
Handwritten Notes Chapter 2 - The End Of Bipolarity  Bipolarity. It is defined as system of would order in which majority of global economic, military and cultural influences is held between two states. → came into being after socialist revolution in Russia in 1917, [ USSR = 15 different republics ] • Factors which helped the soviet Union in becoming a super- power after the second world war- →  Soviet System awak in eco. sphere. • (1) Improvement of economic condition -  Economic condition of USSR aften 2nd world war improved at large scale. It had good and improved communications network, vast energy resources - oil Iron and steel, machinery production and transport sector that connected remotest areas with efficiency. (2) Domestic consumer Industry - Soviet union had a domestic consumer industry that produced everything from pins to cars- Quality does not match with western capitalist countries → Lack of democracy and absence of freedom of speech. (3) Fac...
Read more

Handwritten notes of Challenges of Nation Building- Political Science - Class 12

-
Image
Class 12 - Political Science  Challenges of Nation Building  Handwritten Notes  • India got independence on 14-15 August 1947.  The Speech titled "Tryst with destiny" was given by Jawahar Lal Nehru on 14-15 August 1947 at a special session of the Constituent Assembly. Two main goals After Independence were :- 1] Firstly, we must run our country through democratic government.   2] The Government must be run for good of all, particularly poor and socially disadvantaged groups. • Three challenges of Independent India were :- 1] To shape a united nation:- After the Independence, the immediate challenge was to shape a nation that was united yet accomodative of the diversity in our society. The diversities of regions, religions, languages, cultures raised serious questions about the future of India. The biggest challenge was would India survive as a unified country. (2) To establish democracy:- India adopted representative democracy based...
Read more