CBSE Class 8 Civics Chapter 6 Notes Understanding the Lesson
1. After a person is arrested by the police, it is a court of law that decides whether the accused person is guilty or not.
2. According to the Constitution, every individual who is charged of a crime has to be given a fair trial.
3. There are 4 key players in the criminal justice system: the police, the public prosecutor, the defence lawyer and the judge.
4. One important function of the police is to investigate any complaint about the commission of a crime.
5. Investigation includes recording statements of witnesses and collecting different kinds of evidence.
6. Based on investigation the police are required to form an opinion. If the police think that the evidence points to the guilt of the accused person, then they file a chargesheet in the court.
7. Police investigations always have to be conducted in accordance with law and with full respect for human rights.
8. The Supreme Court has laid down guidelines that the police must follow at the time of arrest; detention and interrogation.
9. Article 22 of the Constitution and criminal law guarantee to every arrested person the following Fundamental Rights:
10. The Right to be informed about the offence for which the person is being arrested at the time of arrest.
11. The Right to be presented before a magistrate within 24 hrs of arrest.
12. The Right not to be ill treated or tortured during arrest or in custody.
13. Confessions made in police custody cannot be used as evidence against the accused.
14. A boy under 15 yrs of age and women cannot be called to the police station only for questioning.
15. The Supreme court of India has laid down 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.
16. A criminal offence is regarded as a public wrong that means or that is considered to have been committed not only against the affected victims but against society as whole.
17. In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutors begins once the police has conducted the investigation and filed the chargesheet in the court.
18. A prosecutor must conduct the prosecution on behalf of the State.
19. It is the duty of the prosecutor being an officer of the court to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.
20. The judge conducts the trial impartially and in an open court.
21. The judge hears all the witnesses and any other evidence presented by the prosecution and the defence.
22. On the basis of the evidence presented and in accordance with the law the judge decides whether the accused person is guilty or innocent.
23. For a trial to be fair several different procedures have to be observed.
24. Article 21 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.
25. A fair trial ensures that Article 21 of the Constitution is upheld.
26. It is significant that the judge decides the matter only on the basis of the evidence before the court.
27. Every citizen, irrespective of their class, caste, gender, religions and ideological backgrounds gets a fair trial when accused.
28. 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.
Notes of Civics Class 8 Chapter 6 Time Period
Accused: This refers to the person who is tried by a court for a crime.
Cognizable: This refers to an offence for which the police may arrest a person without the permission of the court.
Cross-examine: This refers to the questioning of a witness who has already been examined by the opposing side in order to determine the veracity of his/her testimony.
Detention: This refers to the act of being kept in illegal custody by the police.
Impartial: The act of being fair or just and not favouring one side over another.
Offence: Any act that the law defines as a crime.
Witness: This refers to the person who is called upon in court to provide a first-hand account of what he/ she has seen, heard or knows.