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Understanding Our Criminal Justice System

Question
CBSEENSS8007840

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.

Some More Questions From Understanding Our Criminal Justice System Chapter

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.

Who cannot be called to the police station only for questioning?

In court, the Public Prosecutor represents the interests of the

Who among the following does not play a role in the criminal justice system?

Why did Mr. Shinde go to the police station?

In a fair trial

The police begin their investigations into a crime with the registration of an _________.

The role of the Public Prosecutor begins once the ________ has conducted the investigation.

 The judge is like an ________ in a game and conducts the _________ impartially in an open court.

The police are not allowed to _________ or ________ or _________ anyone during investigation.