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Social And Political Life Chapter 6 Understanding Our Criminal Justice System

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    NCERT Solution For Class 8 Social Science Social And Political Life

    Understanding Our Criminal Justice System Here is the CBSE Social Science Chapter 6 for Class 8 students. Summary and detailed explanation of the lesson, including the definitions of difficult words. All of the exercises and questions and answers from the lesson's back end have been completed. NCERT Solutions for Class 8 Social Science Understanding Our Criminal Justice System Chapter 6 NCERT Solutions for Class 8 Social Science Understanding Our Criminal Justice System Chapter 6 The following is a summary in Hindi and English for the academic year 2021-2022. You can save these solutions to your computer or use the Class 8 Social Science.

    Question 1
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    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 teams 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 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 with the roles that are listed on the left. Have each group pick the functions that is 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?

    Roles

    Functions

    Police

    hear the witnesses

    record the statements of witnesses

    Public Prosecutor

    cross examine the witnesses

    take photographs of burnt homes

    Defence Lawyer

    record the evidence

    arrest the Fiesta fans

    Judge

    writes the judgement

    argue the case for the victims

    decide for how many years the accused will be put in jail

    examine the witnesses in court

    pass the judgment

    get the assaulted women medically examined

    conduct a fair trial

    meet the accused persons

    Now take the same situation but ask one student who is a supporter of the Fiesta Club to perform all the functions listed above. Do you think the victims would get justice if only one person performed all of the functions of the criminal justice system ? Why not?

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

    Roles

    Functions

    Police

     

    take photographs of burnt homes
     

     

    arrest the Fiesta fans

     

    get the assaulted women medically examined

     

    record the evidence

    Public Prosecutor

     

    record the statements of witnesses
     

     

    examine the witnesses in court

    Defence Lawyer

     

    cross examine the witnesses
     

     

    argue the case for the victims

     

    meet the accused persons

    Judge

     

    writes the judgement
     

     

    decide for how many years the accused will be put in jail

     

    examine the witnesses in court

     

    pass the judgment

     

    conduct a fair tried

    The reasons:

    (i)Independence is maintained.

    (ii)Not everyone has the capability to do everything.

    Question 12
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    Shanti had stolen the gold chain of Mrs Shinde.
    Solution
    A. FALSE
    Question 15
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    The Public Prosecutor has no role to play in the investigation.
    Solution
    A. TRUE
    Question 17
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    Match the following options:

    A. Detention (i) Crime
    B. Offence (ii) Shanti’s lawyer
    C. Impartial (iii) Keeping in illegal custody
    D. Advocate Roy (iv) Public view
    E. Open court (v) Fair

    Solution

    A.

    Detention

    (i)

    Keeping in illegal custody

    B.

    Offence

    (ii)

    Crime

    C.

    Impartial

    (iii)

    Fair

    D.

    Advocate Roy

    (iv)

    Shanti’s lawyer

    E.

    Open court

    (v)

    Public view

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    Question 18
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    What had happened to Mr. Shinde’s house?
    Solution

    There had been a theft in Mr. Shinde’s house. His wife’s necklace has been stolen.

    Question 19
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    Who was Sushil? How was he treated in the police station?
    Solution

    Sushil was Shanti’s brother. He was abused and beaten by Sub-Inspector Rao in the police station.

    Question 20
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    What did the Magistrate do for Shanti?
    Solution

    The Magistrate appointed  Advocate Kamla Roy as Shanti’s defence lawyer at the expense of the government.

    Question 21
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    What is mentioned in Article 22 of the Constitution?
    Solution

    According to Article 22 of the Constitution, every person has a Fundamental Right to be defended by a lawyer.

    Tips: -

    V. Imp.

    Question 22
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    What do you know about Article 39A of the Constitution?
    Solution

    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.

    Question 23
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    Name the people who play key role in the criminal justice system.
    Solution

    The police, the Public Prosecutor, the defence lawyer and the judge are the key player.

    Question 24
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    What is an important function of the police?
    Solution

    An important function of the police is to investigate any complaint about the commission of a crime.

    Question 25
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    On what basis do the police are required to form an opinion?
    Solution

    The police are required to form an opinion on the basis of investigation.

    Question 26
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    How Police investigations have to be conducted?
    Solution

    Police investigations have to be conducted in accordance with law and with full respect for human rights.

    Question 27
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    Who decides whether a person is guilty or innocent?
    Solution

    The judge decides whether a person is guilty or innocent.

    Question 28
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    How is a criminal offence regarded?
    Solution

    It is regarded as a public wrong.

    Question 29
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    What had happend to Shanti in the end?
    Solution

    In the end Shanti was acquitted.

    Question 30
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    What does rule of law say?
    Solution

    The rule of law which says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution.

    Tips: -

    V. Imp.

    Question 31
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    How a police investigating is to be conducted?
    Solution

    Police investigations is to be conducted in accordance with law and with full respect for human rights.
    (i)The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation.
    (ii)The police are not allowed to torture or beat or shoot anyone during investigation.
    (iii)They cannot inflict any form of punishment on a person even for petty offences.

    Tips: -

    V. Imp.

    Question 32
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    State the guidelines issued by the Supreme Court for the police to follow.
    Solution

    The guidelines are:

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

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

    Tips: -

    V. Imp.

    Question 33
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    Write a brief note on First Information Report (FIR).
    Solution

    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.
    (i)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.
    (ii)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.

    Tips: -

    Imp.

    Question 34
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    Describe the role of Public Prosecutor in the criminal justice system.
    Solution

    In court, it is the Public Prosecutor who represents the interests of the State.
    (i)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.
    (ii)The Prosecutor must conduct the prosecution on behalf of the State.
    (iii)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.

    Tips: -

    Imp.

    Question 35
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    What is the role of the Judge in the criminal justice system?
    Solution

    The judge is one of the key player in the criminal justice system.
    (i)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.
    (ii)The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law.
    (iii)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.

    Tips: -

    V. Imp.

    Question 36
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    Study Shanti’s case that has been mentioned in the storyboard  in NCERT text book, pages 67, 68, 69 and 70 and then identify the essential elements of a fair trial.
    Solution
    (i)Shanti was given a copy of the chargesheet and all other evidence that the prosecution presented against her. Shanti was charged with the offence of theft that was defined as a crime in the law.
    (ii)The trial was held in an open court, in public view. Her brother, Sushil was allowed to attend the court hearings. The trial was held in the presence of the accused.
    (iii)Shanti was defended by a lawyer. Her lawyer, Advocate Roy was given an opportunity to cross-examine all the prosecution witnesses. Advocate Roy was given an opportunity to present witnesses in Shanti’s defence.

    (iv)The police filed a case of theft against Shanti, but the judge assumed her to be innocent. The decided the matter on the basis of the evidence before the court. He did not jump to the conclusion that Shanti was the thief just because she was poor.
    (v)Instead, he remained impartial. The evidence showed that some young men and not Shanti was the thief. Finally, the judge acquits her. In this way, Shanti got a fair trial.
    Question 37
    CBSEENSS8007839
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    What Fundamental Rights have been guaranteed by Article 22 of the Constitution and criminal law to every arrested person?
    Solution
    Article 22 of the Constitution and criminal law 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 within 24 hours of arrest.

    (iii)The Right not to be ill treated or tortured during arrest or in custody.

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

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

    Tips: -

    V. Imp.

    Question 38
    CBSEENSS8007840
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    What was known as the D.K. Basu Guidelines? Mention the guidelines.
    Solution
    The Supreme Court of India has issued specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines.
    The guidelines are mentioned below:
    (i)The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations.

    (ii)A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest. It should also be attested by at least one witness who could include a family member of the person arrested. The arrest memo should be counter-signed by the person arrested.

    (iii)The person arrested, detained or being interrogated has a right to inform a relative, friend or well-wisher.

    (iv)When a friend or relative lives outside the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.
    Question 39
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    What made in police custody cannot be used as evidence against the accused?
    Solution

    Confessions made in police custody cannot be used as evidence against the accused. 

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    Question 40
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    Read the story of Shanti and answer the following questions:

    (i)When Shanti was arrested for theft, S.I. Rao also kept her brother Sushil in the police lock up for two days. Was it legal for the police to detain him ? Does it violate the D.K. Basu guidelines?

    (ii) Did S.I. Rao do enough to question witnesses and compile evidence before arresting Shanti and filing a case against her? In keeping with the duties of the police as stated above, what else do you think S.I. Rao could have done as part of his investigation?
    Solution
    (i) No, it was not legal. It violates the D.K. Basu’s Guidelines.

    (ii)No, S.I. Rao did not do enough to question witnesses and compile evidence before arresting Shanti and filing a case against her.

    S.I. Rao should not have done anything in hurry. He should make broad investigations involving several persons in the locality. He arrested Shanti on the basis of what Mr. Shinde told him. His decision was one-sided and therefore wrong.
    Question 41
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    All of the processes, written in bold on page 74, are crucial to a fair trial. What you understand of the following based on the description of Shanti’s case.

    (i)Open Court.

    (ii)Basis of Evidence.

    (iii)Cross-examination of Prosecution Witnesses.
    Solution
    (i)Open Court-The trial is held in public view.

    (ii)Basis of evidence-Witnesses are produced and discussed in the court, which become the basis of judgement.

    (iii)Cross-examination of Prosecution Witnesses- The Public Prosecutor and the defence lawyer are allowed to ask questions to witnesses.

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