ADDITIONAL QUESTIONS :
I. Answer The Following In one sentence each :
1. What does an investigation include ?
Ans: An investigation includes recording statement of witnesses and collecting different kinds of evidence. On the basis of the investigation, the police are required to form an opinion .
2. What is FIR ?
Ans: First Information Report (FIR) registration that the police can begin their investigation into a crime. The law states that it is compulsory for an officer in charge of a police station about a cognizable offence .
3. What does article 21 of the Constitution guarantee ?
Ans: Article 2 of the constitution that guarantees the right to life states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure .
4. After a person is arrested who decides whether the accused person is guilty or not ?
Ans: After a person is arrested, it is a court of law that decides whether the accused person is guilty or not.
5. What does Article 22 of constitution guarantees ?
Ans: According to Article 22 of the constitution, every person has a fundamental right to be defended by a lawyer .
6. What does Article 39A of the constitution places ?
Ans: 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 .
7. Who are the major role players in any case ?
Ans: The four key players in the criminal justice system are the police, the public prosecutor, the defence lawyer and the judge .
8. What is the role of police in investigation of crime ?
Ans: The police have to investigate any complaint about the commission of a crime. An investigation includes record statements of witnesses and collecting different kind of evidence. On the basis of the investigation, the police are required to form an opinion .
9. When can police file a charge sheet in the court ?
Ans: If the police think that the evidence points to the guilt of the accused person, then they can file charge sheet in the court .
10. What is meant by rule of law ?
Ans: The rule of Law means that everyone is subject to the law of the land .
11. What role does Public prosecutor play ?
Ans: The public prosecutor represents the interests of the state in the court. The role of public prosecutor comes once the police have conducted the investigation and filed the charge sheet in the court .
12. Who was given an opportunity to present witnesses in shanti’s are ?
Ans: Advocate Roy was given an opportunity to present witnesses in Shanti’s defence .
13. Who filed a case against servant Shanti ?
Ans: The police filed a case against servant Shanti .
II. Answer the following questions in two sentences :
1. What guidelines has the Supreme Court laid for the police to follow at the time of arrest ?
Ans: The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation. The police are not allowed to torture or beat or shoot anyone during investigation .
2. What is the role of the judge ?
Ans:
i) The judge is like an umpire in a game and conducts the trial impartially and in an open court .
ii) The judge hears all the witnesses and any other evidence presented by the prosecution and the defence .
iii) The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law .
iv) If the accused is convicted, then the judge pronounces the sentence .
3. How is the trial conducted in the open court ?
Ans:
i) First accused was given a copy of the charge sheet and all other evidence that the prosecution presented against him/her .
ii) The trial is held in an open court in public view .
iii) The trial is held in the presence of the accused .
iv) Advocate is given an opportunity to cross-examine all the prosecution witnesses .
v) Advocate is given an opportunity to present his/her own witnesses .
4. What was the result of Shanti’s case ?
Ans: Although police had filed a case of theft against shanti, the judge assumed her to be innocent It was the responsibility of the prosecution to prove beyond reasonable doubt that shanti was guilty. It is seen that judge decided the matter based on the evidence before the court. The judge did not conclude that shanti was a thief since she was poor maid servant . The judgement was finally given to her because she was given a fair trial .
5. The constitution and the law both state that all of the person should carry out their roles in a proper manner . Explain .
Ans: It means that they all need to work to ensure that every citizens, irrespective of their class, gender, religious ideological backgrounds gets a fair trial when accused .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 .
II. Answer the following questions in four sentences :
1. What fundamental rights does Article 22 of the constitution and criminal law guarantee to every arrested person ?
Ans:
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 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 .
2. In court, it is the public prosecutor who represents the interests of the state . Explain .
Ans: The role of the prosecutor begins once the police has conducted the investigation and filed the charge sheet in the court. He/she has no role to play in the investigation. The prosecutor must conduct the prosecution on behalf of the state. As an officer of the court, it is his/her duty to act impartially and present the full and materials facts, witnesses and evidences before the court to enable the court to decide the case .
3. How was the open trial of servant Shanti conducted in the open court ?
Ans: Servant Shanti was given a copy of the charge sheet and all evidences that were presented by prosecution. The trial was held in the open court in public view. In the presence of the accused Shanti was defended by a lawyer. Advocate Kamla Roy was given an opportunity to cross-examine all the prosecution witnesses. Advocate Roy was also given an opportunity to present the own witnesses .