Understanding Our Criminal Justice System Class 8 Worksheet Civics Chapter 6

Q.1. What do you understand by the term “Criminal Justice System”?

Criminal Justice System is the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses.

Q.2. What is the role of the police in investigating a crime?

One important function of the police is to investigate any complaint about the commission of a crime. An investigation includes recording statements of witnesses and collecting different kinds of evidence. On the basis of the investigation, the police are required to form an opinion. If the police think that the evidence points to the guilt of the accused person, then they file a charge sheet in the court.

Q.3. What is the role of the Public Prosecutor?
Or
Write a note on Public Prosecutor.

In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police has conducted the investigation and filed the chargesheet in the court. He/she has no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is his/ her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.

Q.4. Write a brief note on the criminal procedure in the Criminal Justice System in India.

A crime is first reported by the victim to the Police and the police file a FIR or First Information Report. Then the police begin the investigation and arrest the suspected person or persons. The police then file a charge sheet in the Magistrate’s Court. The trial begins in court. The Public Prosecutor represents the victim and the accused can defend themselves with the help of lawyer. Once the trial is over the accused is either convicted or acquitted. If convicted, the accused can appeal to the higher court.

Q.5. What is a FIR? Explain.
Or
Write a short note on FIR.

FIR stands for First Information Report. It is with the registration of an FIR that the police can begin their investigations into a crime. 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 given to the police either orally or in writing. The FIR usually mentions the date, time and place of the offence, details the 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. There is a prescribed form in which the police registers an FIR and it is signed by the complainant. The complainant also has a legal right to get a free copy of the FIR from the police.

Q.6. Explain the following terms: accused, cognizable, cross-examine, detention, impartial, Offence and witness.

Accused: In the context of this chapter this refers to the person who is tried by a court for a crime.
Cognizable: In the context of this chapter this refers to an offence for which the police may arrest a person without the permission of the court.
Cross-examine: In the context of this chapter this refers to the questioning of a witness who has already been examined by the opposing side in order to determine the veracity of his/her testimony.
Detention: In the context of this chapter this refers to the act of being kept in illegal custody by the police.
Impartial: The act of being fair or just and not favouring one side over another.
Offence: Any act that the law defines as a crime.
To be charged of a crime: This refers to the trial judge informing the accused, in writing, of the offence for which he/she will face trial.
Witness: In the context of this chapter this refers to the person who is called upon in court to provide a first-hand account of what he/she has seen, heard or knows.

Q.7. Who is a public prosecutor?

A public prosecutor is an official who puts people on trial on behalf of the government and people of a particular country.

Q.8. What are the guidelines that the police have to follow during investigation?

The Supreme Court has laid down 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.

Q.9. State two reasons why you believe that different persons need to play different roles as part of the criminal justice system.

Different persons need to play different roles as part of the criminal justice system because:
(i) A single person cannot have all the qualification required to perform different functions such as arresting, defending, collecting evidences, and giving final judgment.
(ii) To avoid the misuse of power and unfairness in the results.

Q.10. What is the role of judge in Criminal Justice System?

The judge is like an umpire in a game and conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defence. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence. He may send the person to jail or impose a fine or both, depending on what the law prescribes.