1. What is the role of the police in investigating a crime?
Answer:
The police investigate any complaint about the commission of a crime.
Their role is to:
(i) Record statements of witnesses.
(ii) Collect evidence.
(iii) Make arrests if necessary.
(iv) The police must follow the law and cannot torture or force a person to confess.
(v) They must present the arrested person before a magistrate within 24 hours.
—
2. What is an FIR? Why is it important?
Answer:
FIR stands for First Information Report.
It is the written document prepared by the police when they receive information about a crime.
The FIR includes:
(i) Date, time, and place of the crime.
(ii) Details of the incident.
(iii) Name and address of the complainant.
It is important because:
(a) It marks the official start of the investigation.
(b) The complainant gets a free copy of the FIR for reference.
—
3. What is the role of the Public Prosecutor?
Answer:
The Public Prosecutor represents the State in the criminal case.
Their duty is to:
(i) Present the evidence collected by the police.
(ii) Argue the case in court on behalf of the State.
(iii) Ensure the trial is fair and impartial.
(iv) The Public Prosecutor does not take sides but helps the court to arrive at the truth.
—
4. What is the role of the Judge?
Answer:
The Judge conducts the trial in an open court.
They:
Listen to the statements of witnesses and examine evidence.
Ensure that the trial is fair.
Decide whether the accused is guilty or innocent.
Pronounce the judgment and decide the punishment if the person is found guilty.
—
5. What is a fair trial?
Answer: A fair trial means that:
The accused person is given a chance to defend themselves.
The trial is held in open court, where the public and media can attend.
Both sides โ the prosecution and the defense โ can present their evidence.
The judge is impartial and gives the decision based only on the evidence presented in court.
Everyone is treated equally before the law.
—
6. What are the rights of an arrested person?
Answer: According to the Constitution and Criminal Law, every arrested person has the following rights:
1. To be informed of the reasons for arrest.
2. To be presented before a magistrate within 24 hours.
3. Not to be ill-treated or tortured during arrest or custody.
4. To consult a lawyer of their choice.
5. To remain silent and not be forced to confess guilt.
—
7. Why do we need to understand the criminal justice system?
Answer:
Understanding the system helps citizens know their rights and duties.
It ensures that people are aware of the processes that should be followed in case of a crime.
It helps prevent misuse of power by police or other authorities.
It ensures that justice is fair and equal for all.
—
8. Who are the main functionaries of the criminal justice system?
Answer: The four key functionaries are:
1. Police โ investigate the crime.
2. Public Prosecutor โ represent the State in the court.
3. Defence Lawyer โ defend the accused.
4. Judge โ conduct the trial and give judgment.
—
9. What does Article 22 of the Constitution provide for?
Answer:
Article 22 provides protection to individuals in case of arrest and detention.
It ensures that:
The person is informed of the reason for arrest.
The person has the right to consult a lawyer.
The person must be presented before a magistrate within 24 hours.
—
10. Why should the police not decide whether a person is guilty or not?
Answer:
The policeโs job is only to investigate the case and collect evidence.
The court has the authority to decide guilt or innocence based on evidence and witnesses.
This separation ensures that the trial is fair and prevents misuse of power by the police.