NCERT 8th Class Social Science: The Police And The Courts

Question: Discuss the role of the defence lawyer and the public prosecutor.

Answer: Role of the Defence Lawyer: The defence lawyer appointed by the accused presents the case on behalf of the accused. The defence lawyer can cross-examine the witnesses and also ask the court to summon witnesses to prove that the accused is not guilty. Thus, an accused is given full opportunity to defend himself through a fair trail. The judge passes an impartial judgement only after hearing both sides of the case.

Role of the Public Prosecutor: The Public prosecutor presents the case of the complainant and is appointed by the State. The public prosecutor presents all that facts, evidences and witnesses before the court to prove that the accused is guilty.

Question: What are D.K. Basu Guidelines?

Answer: D.K. Basu Guidelines are as follows:

1. The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations.
2. 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.
3. The person arrested, detained or being interrogated has a right to inform a relative, friend or well wisher.
4. When a 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.

Question: What is a FIR?

Answer: FIR stands for First Information Report. The police have to file a FIR whenever a person gives information about a known offence. This information can be given to the police either orally or in writing. A FIR is necessary for the police to begin their investigations into a crime.

The FIR should mention the date, time and place of the offence, details about the offence, including a description of the events. The FIR should also state the name and address of the complainant.

There is a prescribed form in which the police register an FIR and it is signed by the complainant. The complainant also has a legal right to get a free copy of the FIR from the police.