Understanding Our Criminal Justice System | Civics VIII | Social Science | Class 8th | Questions and Answers |

 

JANDKNCERT | Class 8th | Social and Political Life (Civics)|

Understanding Our Criminal Justice System | Civics VIII | Social Science | Class 8th | Questions and Answers |

 

 

Chapter 6: Understanding Our Criminal Justice System

 

 

Exercises

Q1. Why do you think there is a rule that confessions made during police custody cannot be used as evidence against the accused?

Answer:
Confessions made during police custody are not admissible as evidence because they may be obtained through coercion, pressure, or torture. To ensure a fair trial and protect individual rights, the law mandates that only voluntary confessions made before a magistrate can be considered valid.

Q2. Now let us return to the story of Shanti and answer the following questions:

(i) When Shanti was arrested for theft, S.I. Rao also kept her brother Sushil in the police lock-up for two days. Was it legal for the police to detain him? Does it violate the D.K. Basu guidelines?

Answer:
No, it was illegal for the police to detain Sushil without evidence or a warrant. This action violates the D.K. Basu guidelines, which protect individuals from arbitrary arrest and detention.

(ii) Did S.I. Rao do enough to question witnesses and compile 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?

Answer:
No, S.I. Rao did not conduct a thorough investigation before arresting Shanti. He should have (a) questioned witnesses, (b) collected concrete evidence, and (c) ensured that the arrest was based on substantial proof, all while respecting legal procedures and individual rights.

Q3. Imagine you are part of the criminal justice system in the Peace Land football riot case. Match the roles with their respective functions. In what order will these functions be performed?

Roles and Their Functions:

(i) Police:

·        Record the statements of witnesses

·        Take photographs of burnt homes

·        Record the evidence

·        Arrest the Fiesta fans

·        Get the assaulted women medically examined

(ii) Public Prosecutor:

·        Argue the case for the victims

·        Examine the witnesses in court

(iii) Defence Lawyer:

·        Cross-examine the witnesses

·        Meet the accused persons

(iv) Judge:

·        Hear the witnesses

·        Write the judgment

·        Decide the number of years for which the accused will be put in jail

·        Pass the judgment

·        Conduct a fair trial

Order of Functions:

(i) Police conduct the investigation: collect evidence, arrest the accused, and prepare the case.
(ii) Public Prosecutor presents the case in court on behalf of the state.
(iii) Defence Lawyer defends the accused by cross-examining witnesses and presenting evidence.
(iv) Judge oversees the trial, ensures it is fair, and delivers the verdict and sentence.

Q4. What would happen if one person performed all the functions of the criminal justice system? Why should roles be divided?

Answer:
If only one person performed all the functions, justice would likely not be served because:

(i) Lack of Specialization – Each role in the system (police, prosecutor, defence lawyer, judge) requires specific training and expertise. A single person cannot perform all roles effectively or fairly.

(ii) Risk of Bias and Abuse of Power – Combining all roles in one person would lead to partiality and misuse of authority, denying the accused a fair trial.

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Question: State two reasons why you believe that different persons need to play different roles as part of the criminal justice system.

Answer: Two reasons why different persons need to play different roles as part of the criminal justice system are:

(i) Division of responsibility – The criminal justice system involves various complex tasks such as investigation, prosecution, defense, and judgment. Assigning these tasks to different individuals (like police, lawyers, and judges) ensures that each role is handled by someone trained and specialized for it.

(ii) Fair and unbiased trial – To ensure justice, it is important that the process is fair. If one person performs all roles, there is a risk of bias or misuse of power. Different roles by different people help maintain checks and balances within the system.