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Published on: 29/10/2025
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Questions + Answers key
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1.
What things are mentioned in the FIR ?
2.
What is a Fair Trial?
3.
Explain the role of the judge in the Indian Judicial Criminal System.
4.
List the guidelines given by D.K. Basu for arrest and detention.
5.
How is article 22 of Indian Constitution, a guarantee, from arbitrary arrest?
6.
What guidelines have been laid by Supreme Court for police during investigation?
7.
Describe the role of the police in investigating a Crime.
8.
What is F. L. R. ? Discuss its features regarding law.
9.
'According to Article 22 of the Constitution, every person has a Fundamental Right to be defended by a lawyer: What have you learnt from the above?
10.
In the context of the Shanti's case, did she get a fair trail?
1.
The following things are mentioned in the FIR:
(i) The date, time and place of the offence.
(ii) The details of the basic facts of the offence.
(iii) A short description of the event.
(iv) The identity of the accused person.
(v) The identity of the witness.
(vi) The name and address of the complaint.
2.
(i) A fair trial is a trial which is held in an open court, in public view.
(ii) Any relative can attend the court. The trial is held in the presence of the accused.
(iii) The accused is defended by a lawyer. The advocate of the accused is given an opportunity to present witnesses in the accused defence.
(iv) Although the police files the case, the judge should assume the 'accused to be innocent.
(v) The judge should decide the matter only on the basis of evidence before the court.
(vi) The judge should be impartial. Thev all should ensure that all the citizens Irrespective of their class, caste, gender, reugious and ideological background get a fair trial when being accused.
3.
(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.
(v) He may send the person to jailor impose a fine or both, depending on what the law prescribes.
4.
The following are the guidelines given by D.K. Basu:
(i) The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags along 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 countersigned by the person arrested.
(iii) The person arrested, detained or being interrogated has a right to inform a relative, friend or wellwisher.
(iv) If 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.
5.
Article 22 of the Constitution and criminal law guarantee from arbitrary arrest because of the following reasons :
(i) Every person has a Fundamental Right to be informed at the time of arrest of the offence for which the person is being arrested.
(ii) Every person has a right to be presented before the magistrate within 24 hours of arrest.
(iii) Every person has a right not to be 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.
6.
(i) The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention and interrogation. These are also known as D.K.Basu guidelines.
(ii) Police investigation always has to be conducted in accordance ith law and with full respect for human rights.
(iii) The police are not allowed to torture or beat or shoot anyone during investigation.
(iv) They cannot inflict any form of punishment on a person even for petty offences.
(v) Police officials carrying out investigation should wear, clear and visible name tags with their designations.
7.
(i) One important function of the police is to investigate any complaint about the crime.
(ii) An investigation includes recording statements of witnesses and collecting different kinds of evidences.
(iii) On the basis of investigation, the police is required to form an opinion.
(iv) If the police thinks that the evidence points to the guilt of the accused person, then it can file a charge sheet in the court.
(v) Ultimately, the judge takes the decision whether a person is guilty or innocent.
8.
First Information Report is the information which a police officer receives about the commission of the crime. It is the information recorded by the police officeron duty, given either by the aggrieved person or by any other person about the commission of an alleged offence. On the basis of F.l.R., the police starts its investigation.
Main features of F.I.R. are:
(i) F.l.R. must be written, duly signed and a copy must be given to the informant.
(ii) F.l.R. is normally a complaint booked by the victim of the cognizable offence with the police.
(iii) It is not necessary that only a victim fills an F.l.R., even a person knowing about the commission of a cognizable offence can file an F.l.R.
(iv) Any police officer who comes to know about a cognizable offence can fill an F.l.Rhimself.
(v) F.I.R.must have date, place and time of an incident.
(vi) F.l.R. can be filed at any place in the country and is not necessary to file where the crime took place.
(vii) Every complainant can ask for a copy of F.l.R. at free of cost.
(viii) Though no time limits exists for filing an F.I.R., it is best to file it as soon as a cognizable offence has been committed.
9.
According to Article 22 of the Indian Constitution, every citizen has the Fundamental Right to be defended by a lawyer. This means that every person, even if he/she is accused in a crime, is entitled to present his/her case in the court. This shows that our courts give impartial judgement. They give the accused every opportunity to prove his/her innocence.
The Judiciary does not jump to the conclusion tha the accused is the culprit. The judge remains impartial and gives judgement solely on the basis of evidence produced in the court. From this, I have also learnt the importance of being impartial and arriving at a decision only after examining both sides of the matter.
10.
Yes, Shanti did get a fair trial. Firstly, Shanti has given a copy of the charge sheet 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. The trial was held in an open court in public view. Her brother could attend the court hearings.
Shanti's lawyer was given an opportunity to cross-examine all the prosecution witnesses.
Although the police filed a case of theft against Shanti, the judge assumed her to be innocent. The judge decided the matter only on the basis of the evidence before the court. The evidence showed that some young men and not Shanti was the thief. In Shanti's case, justice was finally done to her because she was given a fair trial.
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