Very Short Answer Type Questions
Short Answer Type Questions
1: 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.
2: What is the role of the judge in the Criminal Justice System?
3: 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
4: 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.
5. What role do the police play in investigating a crime? [V. Imp.]
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.
6. What guidelines have been issued by the Supreme Court on the role of the police in investigating a crime? [V. Imp.]
Answer: Police investigations always have to be conducted in accordance with law and with full respect for human rights. In this connection the Supreme Court has issued some guidelines that the police must follow at the time of arrest, detention and interrogation.
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.
7. Write a short note on First Information Report (FIR). [Imp.]
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.
8. What role does the Public Prosecutor play in the criminal justice system? [Imp.]
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.
9. Describe the role of the judge in the criminal justice system. [V. Imp.]
Answer: The judge has a key role in the criminal justice system because it is he who decides whether the accused is guilty or innocent. His role is just like an umpire in a cricket game. He conducts the trial impartially and in an open court. The judge hears all the witnesses and the evidences, if any, presented by the prosecution and the defence. He then decides the case on the basis of the evidence presented and in accordance with the law. If the accused in guilty, then the judge pronounces the sentence. He may get jailed or be fined or both. It all depends on what the law prescribes.
10: Write a brief note on the criminal procedure in the Criminal Justice System in India.
Long Answer Type Questions
1. Read Shanti’s case which has been described in the storyboard given and then identify the essential elements of a fair trial.
Answer: Shanti was given a copy of the chargesheet and all other evidence that the prosecution presented against her. Shanti was charged with the offence of theft that was defined as a crime in the law. The trial was held in an open court, in public view. Her brother, Sushil was allowed to attend the court hearings. The trial was held in the presence of the accused. Shanti was defended by a lawyer. Her lawyer, Advocate Roy was given an opportunity to cross-examine all the prosecution witnesses. Advocate Roy was given an opportunity to present witnesses in Shanti’s defence.The police filed a case of theft against Shanti, but the judge assumed her to be innocent. The decided the matter on the basis of the evidence before the court. He did not jump to the conclusion that Shanti was the thief just because she was poor. Instead, he remained impartial. The evidence showed that some young men and not Shanti was the thief. Finally, the judge acquits her. In this way, Shanti got a fair trial.
2. What Fundamental Rights have been guaranteed by Article 22 of the Constitution and criminal law to every arrested person? [V. Imp.]
3. What are known as the D.K. Basu Guidelines issued by the Supreme Court of India? Write in brief.
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.
5: What is a FIR?
