RBSE Solutions for Class 8 Social Science Civics Chapter 6 Understanding Our Criminal Justice System

Rajasthan Board RBSE Solutions for Class 8 Social Science Civics Chapter 6 Understanding Our Criminal Justice System Textbook Exercise Questions and Answers.

RBSE Class 8 Social Science Solutions Civics Chapter 6 Understanding Our Criminal Justice System

RBSE Class 8 Social Science Civics Understanding Our Criminal Justice System InText Questions and Answers

Page-71

Question 1. 
Why do you think there is a rule that confessions made during police custody cannot be used as evidence against the accused?
Answer: 
During the custody of the police, the accused tries to get their point persuaded by beating, harassment, and other types of pressure. Fearing such pressure, the accused can also accept the wrong things. Therefore, the statements made by the accused while admitting their mistake during police custody cannot be used as evidence against the accused under the fundamental right of Article 22 of the Constitution.

Page-72

Question 1. 
Now let us return to the story of Shanti and answer the following questions :
(a) When Shanti was arrested for theft, S.I. Rao also kept her brother Sushil in the police lockup for two days. Was it legal for the police to detain him? Does it violate the D.K? Basu guidelines?

(b) Did S.IRao, do enough to question witnesses and compile evidence before arresting Shanti and filing a case against her? In keeping with the duties of the police as stated above, what else do you think S.IRao could have done as part of his investigation?

Question  2. 
Now let the bus take a slightly different scenario. Shanti and her brother Sushil go to the police station to complain that Mr. Shinde’s 20-year-old son had stolen Rs. 15,000 that they had been saving up. Do you think that the officer in charge of the Police Station will promptly lodge an FIR? List a few factors that in your opinion may influence the decision of the police to register dr not register an FIR.
Answer:
1. (a) The action of keeping Shanti’s brother Sushil in police custody for two days was not legally correct because there were no charges made against him in the F.I.R. In the arrest of Sushil, these guidelines of D.K. Basu has been violated: “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.”

(b) No, S.I. Rao does not ask enough to question witnesses and compile evidence before arresting Shanti and filing a case against her. In our opinion, S.I. Rao should have obtained information from the point of view that:

1. Mrs. Shinde has not seen Shanti stealing.
2. In the last three years that Shanti has worked in Mrs. Shinde’s house, nothing has been stolen from the house.
3. Shanti has been receiving one thousand samples per month from Shinde. From that, she can save this much money in three years. On this basis, the charge of theft is not justified.

2. In our opinion the officer in charge of the Police Station will not immediately file a complaint against Shinde’s son. In our opinion the factors that affect the decision of the police to write or not to write an F.I.R. are:

1. Social and economic conditions of the persons complaining.
2. The social and economic status of the person against whom the complaint is been made.
3. Whether the circumstances of the time of the incident are in favor of the complaint.

Page-73

Question 1. 
What did the judge say in Shanti’s case after hearing the testimony of all the witnesses?
Answer: 
The judge said that the police did not investigate the case fairly and adequately. He said that it was a grave lapse on the part of the police.

Page-75

Question 1. 
All of the processes, written in bold on page 74, are crucial to a fair trial. Write in your own words what you understand of the following processes based on the above description of Shanti’s case.
(a) Open Court
(b) Basis of Evidence
(c) Cross-examination of Prosecution Witnesses.
Answer: 
(a) Open Court:
The meaning of open court here is that the changes which are made by the prosecution counsel before the judge are open in front of the accused or the members of the defense and his lawyer, i.e., in the presence of the accused and his lawyer.

(b) Basis of Evidence:
The judge decides the matter on the basis of the evidence presented by the prosecution and the defense before the court. 

(c) Cross-examination of Prosecution Witnesses:
It means that the witness presented by the prosecution against the charge, the defense counsel before the judge, arguing with them, tries to prove the basis of their testimony by clarifying that the basis of testimony is not rational or human.

Question 2. 
Discuss in class what might have happened in Shanti’s case if the following procedures had not been observed.
(a) If she were not defended by a lawyer.
(b) If the court had not assumed her to be innocent.
Answer: 
(a) If Shanti does not get a lawyer for her defense, then the factlessness of the testimony of the witness presented by the prosecution could not be disclosed “There is no witness that sees Shanti stealing; for the last three years, ever did Shanti started working in that house, there has never been any incidence of stealing and Shanti used to get that much money, that she can save 10,000 in three years.” Due to these facts, the allegations of theft on Shanti were unfounded.

(b) The impartiality of justice would have ended if the court had gone to trial, not considering her to be innocent.

RBSE Class 8 Social Science  Understanding Our Criminal Justice System Textbook Questions and Answers

Question 1. 
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 were 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. Defense Lawyer 
4. Judge

(a) The column on the right provides a list of functions. Match these with the roles that are listed on the left. Have each group picked the functions that it needs to perform to bring justice to those who were affected by the violence of the Fiesta answer: 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 and take photographs of burnt homes
	record the evidence
Defense Lawyer	arrest the Fiesta fans
	writes the judgment
Judge	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
	cross-examine the witnesses and take photographs of burnt homes
	record the evidence

(b) 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?

Roles	Functions
Police	(î) Record the statements of witnesses
	(ii) Record the evidence
	(iii) Take photographs of burnt homes
	(iv) Arrest the Fiesta fans
	(v) Get the assaulted women medically examined
Public Prosecutor	(vi)Argue the case for the victims
Defense Lawyer	(vii) Meet the accused person
Judge	(viii) Cross-examine the witnesses
	(ix) Examine the witnesses in court
	(x) Conduct a fair trial
	(xi) Hear the witnesses
	(xli) Wñtes the judgment
	(xiii) Decide for how many years the accused will be put in jail

 

(c) State two reasons why you believe that different persons need to play different roles as part of the criminal justice system.
Answer: 
(a) The work given in the right column of the table will be done in the following order

(b) If only one person starts doing all the work of the criminal justice system then the victims will not get justice because there will be a lack of fairness and injustice. The accused’s right to a fair trial will end. 

(c) We believe that different people should play their roles in the criminal justice system:
(1) If the investigating agency (police and judge) is the same person, then die police will act as a judge. It will violate the fundamental rights given in Article 22 of the arrested person and for the fairness of justice, the defense will not get full opportunity to present its case.

(2) If the public prosecutor and the defense counsel are the same, then the entire process of impartial investigation will be in vain. Therefore, in order to protect 

1. the fairness of justice and 
2. the fundamental rights of the arrested persons, it is necessary that different people should play their different roles in the criminal justice system.