NCERT Class 8 Social Science Chapter 18 Understanding Our Criminal Justice System

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NCERT Class 8 Social Science Chapter 18 Understanding Our Criminal Justice System

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Also, you can read the NCERT book online in these sections Solutions by Expert Teachers as per Central Board of Secondary Education (CBSE) Book guidelines. CBSE Class 8 Social Science Solutions are part of All Subject Solutions. Here we have given NCERT Class 8 Social Science Chapter 18 Understanding Our Criminal Justice System, NCERT Class 8 Social Science Textbook of Our Pasts – III: History, Social and Political Life – III: Civics, Resources, and Development: Geography. for All Chapters, You can practice these here.

Understanding Our Criminal Justice System

Chapter: 18

SOCIAL AND POLITICAL LIFE – III [CIVICS]

Q.1. In a town called Peace Land, the supporters of the Fiesta football team learn that the supporters of the Jubilee football team in the nearby city about 40 km away have damaged the ground on which the Final between both team is to be held the following day. A crowd of Fiesta fans armed with deadly weapons attacks the homes of the supporters of the Jubilee football team in the town. In the attack, 10 men are killed, 5 women are gravely hurt, many homes are destroyed and over 50 people are injured.

Imagine that you and your classmates are now part of the criminal justice system. First divide the class into the following four groups of persons;

1. Police.

2. Public prosecutor.

3. Defence lawyer.

4. Judge

The column on the right provides a list of functions. Match these with the roles that are listed on the left. Have group pick the functions that it needs to perform to bring justice to those who were affected by the violence of the Fiesta fans. In what order, will these functions be performed?

Ans. 

Q.2. Now take the same situation ask one student who is supporter of the Fiesta club to perform all the functions listed above.

Ans. Self-activity.

Q.3. Do you think the victims would get justice if only one person performed all of the functions of the criminal justice system? Why not?

Ans. The victims can not get the justice if one person performed all the functions of the criminal justice system. Every functions requires special skill to performs the task and also if one person perform all the functions, there is least possibility of cross-check. The police receives a complaint, the defence lawyer tries to define the accused, the judge gives decision in the court and decides the punishment for the culprit. If only one person performed all the functions of the criminal justice system, that will lead to end of democracy.

Q.4. State two reasons why do you believe that different persons need to play different roles as the part of the criminal justice system.

Ans. The two reasons to support the view that different persons need to play different roles as the part of the criminal justice system are:

(i) The police and the judges are on one side and the public prosecutor and the defence lawyers on the other. This keeps the balance between two sides of the judicial edifice and ensures an impartial and fair justice. site al

(ii) If the duty of charging a person and punishing him is given to a single person, it would be the end of a democracy. In such a situation, the Fundamental Rights will have no meaning.

SOME OTHER IMPORTANT QUESTIONS FOR EXAMINATION

VERY SHORT TYPE QUESTIONS  ANSWER

Q.1. What is an FIR (First Information Report)?

Ans. The first information report is the information that a police officer receive about the commission of a crime.

Q.2. When does the role of public prosecutor begin?

Ans. The role of the public prosecutor begins once the police has conducted the investigation and filed the charge sheet in the court.

Q.3. Who are the four key players in the criminal justice system?

Ans. (i) The police.

(ii) The Public Prosecutor.

(iii) The Defence Lawyer.

(iv) The judge.

Q.4. Who decides the whether the person is guilty or innocent? 

Ans. The Judge decides whether a person is guilty or innocent. 

Q.5. What is bail? 

Ans. Bail is money that some body agree to pay if a person accused of an offence does not appear for trial. All offences are not bailable.

Q.6. What does article 21 of the constitution state?

Ans. Article 21 of the constitution that guarantees the right to life that a person’s life or liberty can be taken away only be following and just and reasonable legal procedure.

Q.7. What is done by police under investigation?

Ans. Police records statements of the witnesses and collect different kinds of evidence under investigation.

Q.8. Who is a Public Prosecutor?

Ans. He/she is a lawyer representing the state or the people of the state in a criminal trial.

Q.9. What do you understand by the cognisable offences? Give two examples of the cognisable offences.

Ans. Cognisable offences are the serious offences for which a person can be tried in a court and be punished with imprisonment. Murder and robbery are examples cognisable offence.

Q.10. What is a free trial?

Ans. The case which is decided on the basis of the evidence rather than pre- assumed notion is called a free-trial. Under free trial, every citizen is given the full opportunity to defend himself against any charge leveled against him.

Q.11. What are the three essential elements of free trial?

Ans. (a) Open Court.

(b) Basis of evidence.

(c) Cross examination of prosecution witnesses.

Q.12. What do you understand by the code of conduct for the police?

Ans. The code of conduct for the police is that the police must abide by the Constitution of India.

SHORT TYPE QUESTIONS ANSWER 

Q.1. What are the functions of the defence lawyer?

Ans. The functions of the defence lawyer are:

(a) He gets a copy of the charge sheet and statements of the witnesses and he questions and cross examine the witnesses of the prosecution.

(b) He confirms that a fair trial is conducted.

(c) He presents witnesses in the defence of the accused.

(d) He collects and produces strong evidences to defend his client and to set him free.

Q.2. What does the code of criminal procedure contain?

Ans. The code of the criminal procedure includes the follows:

(a) The rules to be followed while investigating a crime, arresting an accused, framing a charge against the accused and holding a trial.

(b) In fact, even the maximum punishment that may be awarded for each type of crime is laid down in what is known as the Indian Penal Code (IPC).

Q.3. Write three functions of the judge.

Ans. The functions of the judge are: 

(a) The judge hears all the witnesses and any other evidence presented by the prosecution and defence.

(b) The judge pronounces the sentence for the accused. He may send the person to jail or impose a fine or both, depending on what the law prescribes.

(c) The judge decides whether the person is guilty or innocent on the basis of the evidence presented and in accordance with the law.

Q.4. What are the guidelines that the police have to follow during investigation?

Ans. The supreme court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation. 

These guidelines are:

(a) The police are not allowed to torture or beat or shoot during investigation.

(b) Police cannot inflict any form of punishment on a person even for petty offences.

Q.5. Write three salient features of an FIR.

Ans. (a) An FIR must be in writing, duly signed and the copy must be handed over to the informant.

(b) An FIR must contain the place, date, time and an elaborate description of the incident.

(c) There is no fixed time for filing an FIR but it is best if it is filed at the earliest, soon over the incident as the delay may prove fatal from victim.

Q.6. On what basis did the judge decide the case of Shanti? What does it show?

Ans. The judge decided the case on the basis of the evidence before the court. The judge did not jump to conclusion that Shanti was the thief just because she was a poor maid-servant. The evidence showed that some young men and not Shanti, were guilty.

LONG TYPE QUESTIONS ANSWER

Q.1. What are the various preconditions of a fair trial?

Ans. The following are the pre conditions of a fair trial:

(a) The FIR (First Information Report) of the complainant should be registered at the police station and its copy should be given to every accused person.

(b) A person can be arrested only with the permission of the court and on some valid ground.

(c) When the accused is charged, he should be given a copy of the charge sheet along with the statement of the witnesses.

(d) There should not be any harassment by the police.

(e) The trial should be held in an open court.

(f) The state should provide a lawyer to the accused at its own cost, if the accused has no means to arrange a lawyer for his defence. 

Q.2. Describe the role of the Public Prosecutor in detail.

Ans. Role of the public prosecutor can be explained as follows:

(a) The role of the prosecutor begins once the police has conducted the investigation and filed the chargesheet in the court.

(b) The prosecutor must conduct the prosecution on behalf of the state.

(c) As an officer of the court, it is his/her duty to act impartially and represent the full and material facts, witnesses and evidence before the court to enable the court to decide the case.

Q.3. What are the Fundamental Rights guaranteed to every arrested person under Article 22 of the constitution?

Ans. Article 22 of the constitution guarantee to every arrested person the following Fundamental Rights:

(i) The right to be informed at the time of arrest of the offence for which the person is being arrested.

(ii) The right to be presented before a magistrate with in 24 hours of arrest.

(i) The right not be ill-treated or tortured during arrest or in custody.

(iv) Confessions made in police custody can not be used as evidence against the accused.

(b) A boy under 15 years of age and women can not be called to the police station only for questioning.

Q.4. Distinguish between Criminal cases and Civil cases.

Ans.

HIGHER ORDER THINKING SKILL QUESTIONS

Q.1. How an FIR can be filled?

Ans. An FIR can be filled in the following manner:

(i) Go to the police station and contact the officer in charge.

(ii) Narrate to the officer every information relating to the w commission of offence.

(iii) The information may be given written or unwritten.

(iv) The given information shall be entered in a book to be kept by the officer. Copy of FIR will be provided free of cost to the informants.

Q.2. Describe the civil cases in briefly.

Ans. It deals with any harm or injury to the rights of the individual, eg disputes relating to the sale of land, purchase of goods, rents, trespass.

Q.3. List the guidelines issued by the Supreme Court on the role of the police in investigating a crime?

Ans. The D.K Basu guidelines which have been issued by the Supreme Court also have to be followed by the police while arresting, detaining and questioning a person. Police investigations always have to be conducted in accordance with law and with full respect for human rights.

(i) The police are not allowed to torture or beat or shoot any one during investigation.

(ii) They can not inflict any form of punishment on a person even for pretty offences.

VALUE BASED QUESTIONS

Q. 1. What should be done if the officer incharge in the police station denies to lodge a complain?

Ans. If the officer in-charge in police station denies to lodge a complain in police station then you can recourse other method:

(i) A report in writing can be sent to the concerned superintendent of police, along with the details of incident concerning the in charge of the local police station in registering the case.

(ii) If you desire you can meet the higher official concerned in the police department such as S.S.P., D.S.P, I.G etc. and bring your complaint to their notice. 

(iii) Private complaint can be filed before the court having jurisdiction. 

(iv) You can also file your complaint in the Human Rights Commision, if the police does not enter in your case or denies to register your FIR.

Q.2. Describe the role of the police in investigating a crime. 

Ans. Role of the police in investigating a crime can be explained as follows:

(a) One important function of the police is to investigate any complaint about the commision of a crime.

(b) On the basis of the investigation, the police is required to form an opinion. If the police thinks that the evidence points to the guilt of the accused person, then they file a chargesheet in the court.

OBJECTIVE TYPE QUESTIONS

I. Write ‘T’ for true statements and ‘F’ for false ones.

1. The police prevents and detects crime.

Ans. T

2. Denial to lodge a complaint is illegal.

Ans. T

3. Every complainant has a right to ask for a copy of the FIR, free of cost.

Ans. T

4. The Indian Constitution does not guarantee any Fundamental Rights to arrest persons.

Ans. F

5. Fair trial involves only the defence lawyer.

Ans. F

6. The rights to information act was passed on 12 September 2005. 

Ans. T

7. The defence lawyer argues on behalf of the defendant.

Ans. T

8. Most criminal cases are settled out by the two parties.

Ans. F

9. Matrimonial cases in an examples of a civil cases.

Ans. T

10. The police is only the secondary law enforcement agency.

Ans. F

11. An FIR has to filed only at the place where the offence has taken place.

Ans. F

12. A police officer who comes to know about a cognizable offence can file an FIR himself.

Ans. T

13. The Police is now expected to do various welfare functions in addition to traditional functions.

Ans. T

II. Multiple Choice Questions 

Tick (✔) the correct option

1. Who represents the interests of the state in court? 

(a) Public Prosecutor.

(b) Chief Justice.

(c) Police inspector  

Ans. (a) Public Prosecutor.

2. Which article of the Constitution guarantees Fundamental Rights to every arrested person?

(a) Article 20

(b) Article 22

(c) Article 18

Ans. (b) Article 22

3. Who can one complain to if the police refuses to register an FIR?

(a) The Superintendent of police.

(b) The Human Rights Commission. 

(c) All of the above.

Ans. (c) All of the above.

4. When we see someone violating the law, we immediately think of informating _____________.

(a) Police.

(b) Chief Minister.

(c) Defence Lawyer.

Ans. (a) Police.

5. Which article place a duty upon the state to provide a lawyer to the accused if he is not able to engage himself?

(a) Article 22

(b) Article 39A

(c) Article 21

Ans. (b) Article 39A

6. A charge sheet contains the _____________.

(a) Opinion of the guilty.

(b) Opinion of the aggrieved person.

(c) Opinion of the investigation officer.

(d) The final report of the police officer.

Mark the correct option:

(i) (a) and (c)

(ii) (c) and (d)

(iii) (a) and (d)

Ans. (b) Opinion of the aggrieved person. 

7. The criminal cases follow a certain procedure. What is the first step taken in these cases?

(a) The police investigates the case.

(b) The police files the case in the court.

(c) The police writes the FIR.

Ans. (c) The police writes the FIR.

8. Which of the following statement is incorrect?

(a) After a person is arrested, it is police that decides whether the accused person is guilty or not.

(b) According to constitution, every individual charged of a crime has to be given a fair trial.

(c) Everyone is subject to the law of the land.

Ans. (a) After a person is arrested, it is police that decides whether the accused person is guilty or not.

9. The guidelines of the Supreme Court must be followed at the time of:

(a) Arrest.

(b) Detention and interrogation.

(c) All of these.

Ans. (c) All of these.

10. What is the full form of FIR?

(a) First Information Report.

(b) Fast Information Report.

(c) First Investigation Report. 

Ans. (a) First Information Report.

III. Fill in the blanks:

(a) The ___________ sets out the maximum punishment that can be given for each type of crime.

Ans. Indian Penal Code.

(b) Criminal cases begins after _____________.

Ans. FIR.

(c) The ____________ hears the proceeding and the whole case in the court.

Ans. Judge.

(d) The _____________ person has the right to be informed the reason for arrest.

Ans. Arrested.

(e) The written permission of a court is called a _____________.

Ans. Warrant.

(f) The role of public prosecutor begins once the ____________ has conducted the investigation.

Ans. Police.