The Indian Criminal Justice System

Notes

Q1. What is the full form FIR?

A: First Information Report

Mcq’s
1) What are non cognisable offences?

a) murder, robbery, theft b) public nuisance, assault, mischief

c) harm to public property

2) What is the role of police in investigating a crime?

a) to investigate a crime and take action based on investigation

b) prevent crimes

c) both a and b

3) What is the role of the person who may have to stand as surety

a) He/She is responsible for ensuring that the suspect show up for trial.

b)He/She will be under house arrest on behalf of the suspect for security of the
suspect.

c) He/She is responsible for the security of the suspect

4) Which one of the following is true about the procedure called the DK Basu
Guidelines?

(a) The Supreme Court has laid down the procedure, known as DK Basu Guidelines, for
the police.

(b) All police officials need to follow the DK Basu Guidelines when making an arrest and
detention (keeping in custody).
(c) Both (a) and (b)

5) What should be the quality of a public prosecutor?

(a) He should be biased.

b) He should not present all perspectives of a case justly so that the court can pass a
fair judgement.

(c) He should present all facts, evidences collected by police and examine all
witnesses so that the truth is revealed.

Short Answer Type

1. What is a warrant?

A: A warrant is an official document, signed by a judge or other person in authority, that

gives the police permission to search someone's home, arrest a person, or take some
other action. However, The constitution says that the investigation should be carried
out in accordance with the law of the land and with full regard of human rights.

2. What are the rights enjoyed by the informant if an officer-in charge refuses to file a
case?

A: In case an officer-in charge refuses to file and FIR, the informant can approach an
official of higher designation or the concerned Magistrate's court or the Human Rights
Commission.

3. What is a chargesheet?

A: The charge sheet is a legal document that outlines the charges against the accused
and the evidence that supports those charges. A chargesheet is prepared after the FIR.
It is the final report by an officer after completing investigation of a case. It is submitted
before the court for initiating the trial.

4. Who is a defense lawyer?

A: A defense lawyer is an attorney who represents the accused party in legal matters,
including in a court of law. The defence lawyer makes sure that the accused gets a fair
trial and for that, he/she thoroughly cross-examines all witnesses and facts presented
by the public prosecutor.

Long Answer Type

1. List the DK Basu Guidelines, meant for police officials.

A: DK Basu Guidelines, which all police officials need to follow while making an arrest,
detention (keeping in custody) or questioning of a suspect.

They include:

• Police personnel who make an arrest or interrogate a suspect must wear lucid,
precise and discernible identification with name and his/her designation.

• A memo containing date and time of the arrest should be prepared while taking a
suspect into custody. It should bear the sign of at least one witness, maybe a
relative and countersigned by the arrested person.

• In case the memo is signed by someone other than a family member, then the
arrested or detained person has the right to inform relatives or friends.

• If friends or family live outside the district, then the police should inform the
time, place of arrest and place of detention within 8-12 hours of the arrest.

2. What is FIR? Describe the procedure to file an FIR

A: First Information Report is a recording of information regarding a cognisable offence

by a police officer immediately after its occurrence or discovery. Only after an FIR has
been lodged the police can initiate a probe into a crime. The victim or witness should go
to the nearest police station and file an FIR . The FIR must be written, signed and
prepared in duplicate. The FIR should specify the place, date and time of the
incident ,and describe the incident in detail.

3. What is the importance of Article 22 and Article 39A of the Constitution

A: Article 22;
 • Article 22 presents security to individuals who are imprisoned. This article gives
all citizen of India the Right to be informed of the reasons of detention and the
Right to discuss and be supported and protected by a legal practitioner.

Article 39A;

• Article 39-A delivers the State to guarantee that the procedure of the legal
system favors justice on a foundation of fair opportunity and should provide free
constitutional assistant by proper enactment or systems or in any other form.
• This is to assure that chances for securing justice are not dismissed to any
resident by analysis of financial or other limitations.

5. Why is a terrorist activity usually considered a non-bailable offence?

A: For the following reasons a terrorist activity usually considered a non-bailable

offence:

• The terrorist attacks are generally executed with the purpose of harming others.
It is not a crime to an individual but a nation as a whole.
• If it is to be made a bailable offence, others will also commit such a crime and
thus the nation will go in a state of barbarism.
• If a person accused of terrorism is let out on bail, there's a chance they might run
away(That is Leave the country) or try to commit more acts of terrorism.
• Ultimately, the most important reason is public safety. The potential risk to the
community if someone accused of terrorism is released on bail is considered
too high. It's about protecting everyone.

6. Differentiate between bailable and non-bailable offences.

A: Bailable Offences:

• An offense for which bail can be granted at the time of arrest or during the trial
process.
• Bail can be granted by the police officer or at the police station.
• Typically, less serious and minor offenses.
• Lesser penalties and punishments are associated with bailable offenses.
• Police can arrest without a warrant for bailable offenses.
• For bailable offenses, the accused can be released on bail without going through
a court trial.
• In bailable offenses, the court has the discretion to grant or deny bail based on
the circumstances.
• They include: Simple assault, petty theft, minor traffic violations, etc.
Non Bailable Offences:

• An offense for which bail cannot be granted as a matter of right at the time of
arrest. The accused must apply to the court for bail.
• Bail can only be granted by a court of law.
• Generally, more serious and heinous offenses
• Non-bailable offenses usually carry more severe penalties and punishments.
• For non-bailable offenses, police generally require a warrant to make an arrest.
• In non-bailable offenses, the accused must attend court proceedings and apply
for bail in front of a judge.
• In non-bailable offenses, the court must provide strong reasons to grant bail,
and it can also deny bail based on the severity of the crime.
• They include: Murder, terrorism, drug trafficking, etc.