NIOS Class 12 Introduction to Law Chapter 14 Justice Delivery System

NIOS Class 12 Introduction to Law Chapter 14 Justice Delivery System Solutions English Medium As Per New Syllabus. to each chapter is provided in the list so that you can easily browse throughout different chapters NIOS Class 12 Introduction to Law Chapter 14 Justice Delivery System Notes and select need one. NIOS Class 12 Introduction to Law Chapter 14 Justice Delivery System Question Answers Download PDF. NIOS Study Material of Class 12 Introduction to Law Paper Code: 338.

NIOS Class 12 Introduction to Law Chapter 14 Justice Delivery System

Also, you can read the NIOS book online in these sections Solutions by Expert Teachers as per National Institute of Open Schooling (NIOS) Book guidelines. These solutions are part of NIOS All Subject Solutions. Here we have given NIOS Class 12 Introduction to Law Chapter 14 Justice Delivery System Solutions, NIOS Senior Secondary Course Introduction to Law in Hindi Medium for All Chapter, You can practice these here.

Justice Delivery System

Chapter: 14

Module – 4 Indian Court System and Methods of Resolution Disputes

INTEXT QUESTIONS 14.1 

Write True or False:

1. A Civil Matter is a legal matter that arises under Civil Law. (True/False) 

Ans: True.

2. A Criminal Matter is a legal matter that arises under Criminal Law. (True/False) 

Ans: True.

3. There are certain offences such as negligence, false imprisonment, trespass etc. which are treated as civil wrong and are dealt with under Law of Torts. (True/False)

Ans: True.

INTEXT QUESTIONS 14.2 

1. Fill in the Blanks: 

(a) In civil matters the party which files the case is known as ___________ .

Ans: Plaintiff.

(b) In civil matters the party against whom the case is filed is known as ________.

Ans: Defendant.

(c) In legal terminology, civil case is known as __________.

Ans: Civil Suit.

2. List the different stages through which a civil suit passes in Civil Court.

Ans: (i) Filing of Plaint. 

(ii) Issuing Summons to the opposite party. 

(iii) Appearance of Defendant.

(iv) Framing of issues. 

(v) Recording of Evidence. 

(vi) Arguments. 

(vii) Judgement.

INTEXT QUESTIONS 14.3 

1. Define the following Terms: 

(a) FIR. 

Ans: FIR — FIR stands for first information report. It is intimation to the police authorities that a particular offence has been committed against victim. Lodging of FIR in the Police Station is the first step towards initiation of a criminal case.

(b) Arguments. 

Ans: Arguments — After Completion of recording of evidence arguments are advanced from both sides of a dispute.

(c) Judgement. 

Ans: Judgement — Judgement means decision of the Court.

(d) Appeal. 

Ans: Appeal — Prosecution or defence as the case may be, can approach the higher court if they remain dissatisfied by the decision of the lower Court.

2. Write True or False:

(a) In criminal matters, State initiates legal proceedings on behalf of the victim against the offender. (True/False) 

Ans: True.

(b) Offence is a ‘public wrong’ or ‘crime’. (True/False)

Ans: True.

INTEXT QUESTIONS 14.4 

1. Define ‘Tribunal’. 

Ans: Tribunals can be defined as adjudicatory bodies other than Courts, and performing administrative or Judicial functions.

2. Fill in the Blanks: 

(a) The Tribunal resolving Industrial disputes is known as ___________.

Ans: Industrial Tribunal.

(b) The Tribunal resolving Income Tax disputes is known as __________.

Ans: Income Tax Tribunal.

3. Write True or False:

(a) In Tribunals, dispute is decided by Tribunal members having special knowledge of the matter. (True/False) 

Ans: True.

(b) Tribunals are basically constituted to deal with a particular specialised branch of Law (True/False).

Ans: True.

(c) Tribunals help in reducing burden of courts by deciding disputes of special or technical nature requiring special knowledge. (True/False)

Ans: True.

INTEXT QUESTIONS 14.5 

Write True or False:

(a) Courts have the power to decide variety of cases, whereas Tribunals specialise in a particular area of Law. (True/False) 

Ans: True.

(b) Courts follow strict procedure of Law whereas Tribunals adopt a relaxed approach to the technical rules of Law. (True/False) 

Ans: True.

(c) Tribunals have lesser powers then a Regular Court. (True/False) 

Ans: True.

(d) Litigation in Courts is very costly, whereas justice delivered by Tribunals prove to be speedy and less expensive. (True/False)

Ans: True.

TERMINAL EXERCISES

1. Define ‘Civil Matters’. 

Ans: A Civil Matter is a legal matter that arises under Civil Law and primarily deals with disputes between private individuals or organizations. In civil cases, one party asserts or disputes claims against another over certain legal rights or obligations. These rights often relate to property, ownership, possession, partition of property, contractual agreements, compensation for negligence, or other private rights.

Examples of civil matters include money recovery suits, property disputes, injunction applications, partition of property, family disputes, and breach of contract cases.

Civil matters are called private wrongs, as they involve disputes between individuals and not offences against the society or the State. The main objective of civil law is to protect and enforce private rights, not to punish offenders. Therefore, in civil matters, cases are filed by individuals or organizations seeking legal remedies such as compensation, declaration of rights, or injunctions.

2. Define ‘Criminal Matters’. 

Ans: A Criminal Matter is a legal matter that arises under Criminal Law and deals with the commission of an offence. An offence is considered a public wrong or a crime, as it violates the rights and duties owed to society as a whole. Even though the offence may be committed by one individual against another, its impact is viewed as affecting the entire community. Therefore, in criminal matters, it is the State or Government that initiates and conducts legal proceedings on behalf of the victim and society against the person accused of committing the crime.

Criminal matters are intended to maintain law and order, protect public safety, and prevent wrongful acts by punishing those who break the law. The main objective of criminal law is to deter crime, punish offenders, and ensure justice for victims.

3. Discuss the different stages through which Criminal Matters passes in a court of Law. 

Ans: Different stages through which criminal trial passes are mentioned below: 

(i) FIR Registration: FIR stands for first information report. It is intimation to the police authorities that a particular offence has been committed against victim. Lodging of FIR in the Police Station is the first step towards initiation of a criminal case. It is only after the registration of the FIR that a police officer can investigate the case. 

(ii) Investigation: After FIR has been lodged, investigation of the matter would be conducted by Police authorities to find out whether in reality any offence has been committed or not and if so who has committed the offence. Collection of evidence in criminal matter is the task of the investigating agency. Collection of evidence includes recording statement of witnesses, seizure of documents and seizure of case property involved in the commission of the offence. If on investigation any offence is found to have been committed then Chargesheet is filed in the matter and matter goes for trial otherwise matter gets closed and a closure report is filed. 

(iii) Filing of Chargesheet: Chargesheet is a kind of report explaining how an offence had been committed, by whom it was committed and under which provision of law is it covered. On filing of chargesheet, if the Court is satisfied that an offence has been committed the court takes cognizance and issue summons for appearance of the accused. 

(iv) Framing of Charges: Court looks into the matter and evidence collected by the investigating agency to see what offence has been committed by the accused and under which provision of law should he be charged like whether accused has committed theft, robbery or any other offence. Judge on the basis of evidence collected by the investigating agency may come to the conclusion that no offence has been committed by the accused, in that case accused would be discharged of that offence i.e he/she would be declared as having committed no offence. 

(v) Prosecution Evidence: After framing of charges, prosecution is required to produce entire evidence collected by investigating agency along with statement of prosecution witness. Witness is a person who gives statement in favour of a party who brings him/her for proving its case. 6. Statement of Accused – Thereafter, Court asks for an explanation from the accused regarding the accusations made against him/her. Accused is given an opportunity to explain.

(vi) Defense Evidence: After recording of statement of accused if Court finds that no offence is committed by the accused, then he/she is acquitted i.e., held to have committed no offence. But if court has any doubt regarding commission of offence then it calls for defense evidence to disprove prosecution case. Accused then produce witness on his/her behalf to prove his/her innocence in the matter. 

(vii) Arguments: After completion of recording of evidence arguments are advanced from both the sides, of a dispute. 

(viii) Judgment: Thereafter, judgment (judgment means decision of the Court) either convicting i.e. holding accused guilty of having committed an offence or acquitting is given. 

(ix) Argument and Judgment on Sentence: If accused is convicted for an offence, then prosecution as well as defense side addresses arguments on what punishment should be given to the accused out of the maximum punishment given for the offence under law. 

(x) Statement of Accused: Thereafter, Court asks for an explanation from the accused regarding the accusations made against him/her. Accused is given an opportunity to explain.

(xi) Judgment on Sentence: After hearing arguments on sentence, Court pronounces its decision on the quantum of punishment to be given to the accused. Age, background, past criminal history of accused etc. are also determinative factors in awarding punishment to accused. 

(xii) Appeal: Prosecution or defense as the case may be, can approach the higher Court if they remain dissatisfied by the decision of the lower Court, by filing an ‘Appeal’.

4. Describe the different stages through Civil Matters passes in a court of Law. 

Ans: Civil suit or case passes through following stages: 

(i) Filing of plaint (‘plaint’ is a legal term for the case filed by the plaintiff): First stage of the civil matter is filing of the plaint. Case/plaint prepared by the advocate is filed in the appropriate Court of law. 

(ii) Issuing summons to the opposite party: Once a case is filed then summons i.e. intimation of the filing of that case is sent by the Court to the other party. 

(iii) Appearance of defendant: On receiving summons defendant enters appearance and files its response to the case filed by the plaintiff. The response filed by the defendant is known as Written Statement. Plaintiff can file a replication (reply) to the written statement filed by the defendant. 

(iv) Framing of issues: After filing of plaint, written statement and replication, Court frames issues i.e point of disputes raised in the matter.

(v) Recording of evidence: Thereafter, evidence on behalf of the parties are filed. By way of evidence, parties try to prove their case and disprove other party’s case. Generally plaintiff’s evidence takes place first and thereafter evidence on behalf of defendant is lead. 

(vi) Arguments: After completion of recording of evidence, arguments are advanced on behalf of the disputing parties. 

(vii) Judgment: After hearing arguments and appreciating evidence filed by the parties, Judge delivers judgement in the case and the matter gets decided in favour of either party. The Dissatisfied party has the right to approach the higher Court by way of appeal or any other remedy

5. Define a ‘Tribunal’. 

Ans: A Tribunal is a special type of adjudicating body established by the government to settle specific kinds of disputes in a faster, simpler, and less formal manner than regular courts. Unlike traditional courts that follow a strict and technical procedure of law, tribunals adopt a more relaxed and flexible approach to ensure quick and inexpensive justice.

Tribunals are specialized bodies that focus on particular areas of law such as administrative law, tax matters, labour disputes, consumer protection, and service matters of employees. Because they deal only with specific subjects, their members usually include experts and specialists in those fields, along with judicial officers.

While courts require professional advocates to represent cases and involve lengthy legal formalities, tribunals encourage people to speak for themselves, reducing the need for lawyers. The process before a tribunal is more informal and accessible, and the fees involved are much lower than those charged in regular courts.

Although tribunals have limited powers compared to regular courts, their purpose is to provide speedy, efficient, and affordable justice to the common people.

6. Make a comparison between Courts and Tribunals.

Ans: 

Point of Difference	Courts	Tribunals
Nature	Courts are part of the regular judicial system.	Tribunals are quasi-judicial bodies created for specific purposes.
Procedure	Follow a strict procedure of law.	Follow a relaxed and flexible approach to technical rules of law.
Opportunity to Speak	People rarely get a chance to speak; most communication is through lawyers.	People are encouraged to speak for themselves; lawyers play a limited role.
Area of Jurisdiction	Courts decide a variety of cases (civil, criminal, constitutional, etc.).	Tribunals specialize in specific areas of law (like tax, labour, or consumer cases).
Cost of Litigation	Litigation is costly — includes various court and advocate fees.	Justice is cheaper and quicker; costs are minimal.
Presiding Officer	Presided over by a Judge or Magistrate.	Presided over by a Chairman and Members who are experts in the relevant field.
Powers	Have wider powers, including the power to imprison.	Have limited powers; cannot order imprisonment.
Need for Advocates	Advocates are necessary for filing and arguing cases.	Advocates are rarely needed; proceedings are simpler.
Speed of Justice	Justice is often delayed due to lengthy procedures.	Justice is speedy and time-efficient.
Objective	To ensure justice according to established laws.	To provide specialized, fast, and inexpensive justice.