Understanding Our Criminal Justice System Class 8 Questions and Answers Civics Chapter 6
Civics Class 8 Chapter 6 NCERT Textbook Questions and Answers
Why do you think there is a rule that confessions made during police custody cannot be used as evidence against the accused?
Yes, because there is a possibility that the police may are harsh steps against the accused in order to make confessions.
Now let us return to the story of Shanti and answer the following questions :
1. When Shanti way arrested for theft, S.I. Rao also kept her brother Sushil in the police lockup for two days. Was it legal for the police to detain him? Does it violate the D.K Basu guidelines?
2. Did S.I. Rao do enough to question witnesses and complete evidence before arresting Shanti and filing a case against her? In keeping with the duties of the police as stated above, what else do you think S.I. Rao could have done as part of his investigation.
1. No, it was legal of the police to detect Shushil. It violates the D.K Basu’s guidelines.
2. No, S.I. Rao did not do enough to question witnesses and compile evidence before arresting Shanti and filing a case against her.
S.I. Rao should not have done anything in hurry. He should make investigations around the locality and ask different people about it. He arrested Shanti only on what Mr. Shinde told him. His decision was wrong because it was one-sided.
Now let us take a slightly different scenario. Shanti and her brother Sushil go to the police station to complain that Mr. Shinde’s 20 year old son had stolen Rs. 15,000 that they had been saving up. Do you think that the officer in charge of the police station will promptly lodge an FIR? List a few factors that in your opinion may influence the decision of the police to register or not register an FIR.
The officer-in-charge may not promptly lodge an FIR is such a situation. In my opinion, political and social status are a few factors may influence the decision of the police to register FIR or not.
What did the judge say in Shanti’s case after hearing the testimony of all the witnesses?
The judge said that the police did not invertegate Shanti’s case properly and thus, failed to prove that Shanti was guilty. This made Shanti innocent. The judge also showed enough evidence in favour of Shanti and finally acquitted her.
All of the processes, written in bold in page 74 (Text book) are crucial to a fair trail. Write in your own words that you understand of the following processes based on the above description of Shanti’s case.
1. Open Court
2. Basis of Evidence
3. Cross-examination of Prosecution witnesses
- Open Court—The trial is held in public view.
- Basis of evidence—Witnesses regarding the case are produced and discussed in the court. This becomes the basis of judgement .
- Cross-examination of Prosecution Witnesses: Both the Public Prosecutor and defence lawyer are allowed to ask questions to witnesses.
Discuss in class what might have happened in Shanti’s case if the following procedures had not been observed.
(a) If she was not defended by a lawyer.
(b) If the court had not assumed her to be innocent.
In both the cases, Shanti would not have got justice.
In a town called Peace Land, the supporters of the Fiesta football team learn that the supporters of the Jubilee football team in the nearby city about 40 km away have damaged the ground on which the Final between both teams is to be held the following day. A crowd of Fiesta fans armed with deadly weapons attacks the homes of the supporters of the Jubilee football team in the town. In the attack, 10 men are killed, 5 women are gravely hurt, many homes are destroyed and over 50 people injured.
Imagine that you and your classmates are now part of the criminal justice system. First divide the class into the following four groups of persons:
- Public Prosecutor
- Defence lawyer
The column on the right provides a list of functions. Match these with the roles that are listed on the left. Have each group pick the functions that it needs to perform to bring justice to those who were affected by the violence of the Fiesta fans. In what order, will these functions be performed?
|Police||hear the witness|
|record the statements of witnesses|
|Public Prosecutor||cross examine the witnesses|
|take photographs of burnt homes|
|Defence Lawyer||record the evidence|
|arrest the Fiesta fans|
|Judge||write the judgment|
|argue the case for the victims|
|decide for how many years the accused will be put in jail|
|examine the witnesses in court|
|pass the judgment|
|get the assaulted women medically examined|
|conduct a fair trial|
|meet the accused persons|
Now take the same situation but ask one student who is a supporter of the Fiesta Club to perform all the functions listed above. Do you think the victims would get justice if only one person performed all of the functions of the criminal justice system? Why not?
State two reasons why you believe that different persons need to play different roles as part of the criminal justice system.
|Police||Take photographs of burnt homes as evidence|
|Arrest the Fieta fans|
|Get the assaulted women medically examined|
|Record the evidence|
|Public Prosecutor||Record the statements of witnesses|
|Examine the witnesses in court|
|Defence Lawyer||Cross-examine the witnesses|
|Argue the case for the victims|
|Meet the accused persons|
|Judge||Listen to both the public prosecutor and defence lawyer|
|Write the judgment|
|Decides for how many years the occured will be put in jail.|
|Examine the witnesses in court|
|Pass the judgment|
|Conduct a fair trial.|
(a) No. If the same person performs all the above functions there is no chance of a fair trail. Judgment can never be given if one person may be biased or prejudiced or against the accused or he may even get confused. He can be over-powered by anyone. This may affect the process of investigation and influence the judgement.
(b) I think there are many reasons that different persons need to play as a part of the criminal justice system.
- to cheat the corrupt practises
- to protect the right of life
- to give right judgment without any hindrance.