Class 8 Social Science The Role of Police & Court
THE ROLE OF POLICE & COURT
Judicial cases can be divided into two categaries :
(a) Civil cases : Cases concerned with private rights
(b) Crime cases : Cases which go against community
Role of different Judicial Agencies :-
The role of the different agencies are as follows :
1. Role of the Court :- In India, Courts are at three different levels i.e., District Courts, High Court the Supreme Court. They play a vital role in the administration of justice. Court sees the facts, figures given by both appellants and respondents through their lawyers before taking the decision. If a person is not satisfied with juagement of District Court he / she can go to the High Court and further to the Supreme Court.
2. Role of Public Prosecutor (PP) :-
In criminal cases, the government is always the party that sues the accused. The government is represented in Court by a public prosecutors. These are appointed by the government. A public prosecutor must be an advocate who has been in practice for atleast seven years. He has to do his duty faithfully and must present materials, facts, witnesses and evidences before the court to enable the court to decide the case.
3. Role of the Police :- The police is an important pillar of administration to maintain law and order, enforcement of law, investigation of crime, detention of criminals, collection of evidences and convictions.
The police can arrest a person who commits a crime or disturbs the peace and order of the society. After proper investigation, a chargesheet, containing accusations against the offender, is submitted in a suitable court.
The police investigations have to keep in mind the human rights. The Supreme Court laid certain guidelines that the police must follow at the time of arrest, detention and interrogation. The police are not allowed to torture or beat or shoot anyone during investigation.
# According to the Constitution’s Article 22, the persons who are arrested should be given Fundamental Rights. These Fundamental Rights are as follows:
1. The Right to be informed, at the time of arrest specifying the offence for which the person is being arrested.
2. The Right to be presented before a magistrate, within 24 hours of arrest.
3. The Right for not to be ill-treated or tortured during arrest or in custody.
4. The confessions made in police custody cannot be used as evidence against the accused.
5. A boy under 15 years of age and women cannot be called to the police station only for questioning.
The Supreme Court Index
The Supreme Court of India has laid down specific requirements and procedures that the police and other agencies have to follow during arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and some of these include:
The police officials who carry out the arrest for interrogation should wear clear, accurate and visible identification and name tags with their designations.
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-s