Class 8 Social Science Notes Chapter 6 (Understanding Our Criminal Justice System) – Social and Political Life Book

Alright class, let's focus on Chapter 6, 'Understanding Our Criminal Justice System'. This is a crucial chapter, not just for your exams but also for understanding how justice is administered in our country. Pay close attention, as concepts from here often appear in various government exams.

Understanding Our Criminal Justice System: Detailed Notes

1. Introduction: What Happens When a Law is Violated?

• When someone violates a law, it's considered a 'crime' or an 'offence'.
• To deal with such violations, society has established a system: the Criminal Justice System.
• This system involves various agencies and individuals working together to detect, investigate, prosecute, and punish criminals, while also ensuring the rights of the accused are protected.

2. Key Players in the Criminal Justice System:

There are four main players involved once a crime is detected:

• a) The Police:

  • Role: Primarily investigation of crimes.
  • Functions:
    • Receiving complaints and registering the First Information Report (FIR).
    • Investigating the crime: collecting evidence, recording statements of witnesses, examining the crime scene.
    • Arresting the accused persons (following specific procedures and guidelines).
    • If sufficient evidence is found against the accused, filing a charge sheet in the Magistrate's court.
  • Important Note: The police are not authorized to decide whether a person is guilty or innocent; that is the role of the court/judge. Their investigation must be fair and follow the law (Rule of Law).
  • Supreme Court Guidelines (D.K. Basu Guidelines): Lay down specific procedures police must follow during arrest, detention, and interrogation to prevent custodial violence and protect the rights of the arrested person (e.g., right to inform a relative, right to be examined for injuries).

• b) The Public Prosecutor (PP):

  • Role: Represents the interests of the State (not the victim individually) in court. The crime is considered an offence against society/the state.
  • Functions:
    • Role begins after the police have conducted their investigation and filed the charge sheet.
    • Conducts the prosecution on behalf of the State.
    • Presents the facts, evidence, and witnesses collected by the police before the court to prove the guilt of the accused.
    • Expected to act impartially and present all material facts, evidence, and witnesses (even those favouring the accused) to enable the court to decide the case justly.

• c) The Defence Lawyer:

  • Role: Represents the accused person.
  • Functions:
    • Defends the accused by presenting evidence and witnesses in their favour.
    • Cross-examines the prosecution witnesses to test the veracity of their statements.
    • Ensures the accused receives a fair trial as per the law and the Constitution.
  • Constitutional Right: Article 22 of the Constitution guarantees every arrested person the fundamental right to be defended by a lawyer of their choice.
  • Legal Aid: Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability (ensuring access to justice).

• d) The Judge:

  • Role: Acts as an impartial umpire in the trial.
  • Functions:
    • Hears the arguments and evidence presented by both the prosecution and the defence.
    • Examines witnesses.
    • Ensures the trial is conducted fairly and according to the rules of evidence and procedure.
    • Decides whether the accused person is guilty or innocent solely on the basis of the evidence presented and in accordance with the law.
    • If the accused is convicted (found guilty), the judge pronounces the sentence (punishment like fine, imprisonment, or both).
    • If the accused is acquitted (found not guilty), they are set free.

3. The Process of a Criminal Case:

• Step 1: Filing of FIR (First Information Report):

  • The process usually begins when the police register an FIR upon receiving information about a cognizable offence (an offence for which police can arrest without a warrant).
  • Anyone can report a crime (victim, witness, etc.), orally or in writing.
  • The police station having jurisdiction registers the FIR. It contains details like date, time, place of offence, description of events, name/address of complainant and accused (if known).
  • The complainant has a legal right to get a free copy of the FIR.
  • Lalita Kumari vs. Govt. of U.P. (2013): Supreme Court mandated compulsory registration of FIR in cases of cognizable offences.

• Step 2: Police Investigation:

  • After the FIR, the police investigate. This includes recording witness statements, collecting physical evidence, scientific analysis, etc.

• Step 3: Arrest (if necessary):

  • Police may arrest the suspect based on evidence gathered. Constitutional safeguards (Article 22) and D.K. Basu guidelines must be followed.

• Step 4: Filing of Charge Sheet:

  • If the investigation provides sufficient evidence of the accused's involvement, the police file a charge sheet in the Magistrate's court. If not, they may file a closure report.

• Step 5: Trial in Court:

  • The case goes to trial. The judge frames charges against the accused.
  • The prosecution presents its evidence and witnesses.
  • The defence lawyer cross-examines prosecution witnesses.
  • The defence presents its evidence and witnesses (if any).
  • The prosecutor cross-examines defence witnesses.
  • Final arguments by both sides.

• Step 6: Judgment:

  • The judge delivers the judgment, deciding guilt or innocence based strictly on evidence and law.
  • Conviction leads to sentencing; Acquittal leads to release.

4. What is a Fair Trial?

• A cornerstone of our criminal justice system. Ensures justice is done and seen to be done.
• Key Elements (based on Article 21 - Right to Life and Liberty):
  • Trial held in open court, in public view.
  • Accused must be present during the trial.
  • Accused must be represented by a lawyer (provided by state if needed).
  • Right of the defence to cross-examine prosecution witnesses.
  • Right of the defence to present its own witnesses.
  • Presumption of Innocence: The accused is considered innocent until proven guilty beyond a reasonable doubt. The burden of proof lies on the prosecution.
  • Judge must be impartial and decide based only on evidence presented in court.

5. Constitutional Guarantees for Arrested/Accused Persons:

• Article 21: Protection of Life and Personal Liberty (Interpreted to include the right to a fair and speedy trial).
• Article 22: Protection against arbitrary arrest and detention. Key rights include:
  • Right to be informed of the grounds of arrest.
  • Right to be presented before a magistrate within 24 hours of arrest (excluding travel time).
  • 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 in court.
  • A boy under 15 years of age and women cannot be called to the police station only for questioning.
  • Right to consult and be defended by a legal practitioner of choice.
• Article 39A: Directive Principle directing the State to provide free legal aid to the poor.

6. Rule of Law:

• The principle that everyone – citizens, police, government officials – is subject to and accountable under the law. No one is above the law.
• The criminal justice process must adhere strictly to the procedures established by law.

Remember these points thoroughly. Understanding the roles, processes, and especially the rights guaranteed by the Constitution is vital for your exams.

Multiple Choice Questions (MCQs):

1. Who represents the interests of the State in a criminal case?
   a) Defence Lawyer
   b) Judge
   c) Public Prosecutor
   d) Police Officer

2. According to the Constitution of India, every person arrested has a fundamental right to be defended by a lawyer under:
   a) Article 21
   b) Article 22
   c) Article 39A
   d) Article 14

3. What is the document prepared by the police after investigation, detailing the evidence collected against the accused, which is filed in court?
   a) First Information Report (FIR)
   b) Judgment
   c) Summons
   d) Charge Sheet

4. The principle that an accused person is considered innocent until proven guilty beyond a reasonable doubt is known as:
   a) Rule of Law
   b) Presumption of Innocence
   c) Judicial Review
   d) Separation of Powers

5. Which Article of the Constitution mandates the State to provide free legal aid to citizens unable to afford a lawyer?
   a) Article 21
   b) Article 22
   c) Article 14
   d) Article 39A

6. What is the primary role of the Police in the criminal justice system?
   a) Deciding guilt or innocence
   b) Conducting the prosecution in court
   c) Investigating the crime and collecting evidence
   d) Pronouncing the sentence

7. A Fair Trial includes which of the following elements?
   a) Trial held in secret to protect the accused.
   b) The judge deciding based on personal beliefs.
   c) The accused having the right to cross-examine prosecution witnesses.
   d) The burden of proof lying on the accused to prove innocence.

8. The D.K. Basu Guidelines laid down by the Supreme Court relate to:
   a) Procedures for filing an FIR
   b) Procedures to be followed by police during arrest and detention
   c) Sentencing guidelines for judges
   d) Rules for conducting prosecution

9. What is the first step that usually initiates the criminal justice process for a cognizable offence?
   a) Filing of a Charge Sheet
   b) Arrest of the accused
   c) Registration of an FIR
   d) Judgment by the court

10. Who among the following acts as an impartial umpire during the trial?
    a) Public Prosecutor
    b) Defence Lawyer
    c) Investigating Police Officer
    d) Judge

Answer Key for MCQs:

1. c) Public Prosecutor
2. b) Article 22
3. d) Charge Sheet
4. b) Presumption of Innocence
5. d) Article 39A
6. c) Investigating the crime and collecting evidence
7. c) The accused having the right to cross-examine prosecution witnesses.
8. b) Procedures to be followed by police during arrest and detention
9. c) Registration of an FIR
10. d) Judge

Study these notes carefully. Let me know if any part needs further clarification. Good luck with your preparation!