Solution of Chapter 6. Understanding Our Criminal Justice System (Social and Political Life-III Book)

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 40km away have damaged the ground on which the Final between both team 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 are 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

The column on the right provides a list of functions. Match these with the roles that are listed on the left. Have group pick the functions that it needs to perform to bring justice to those who were affected by the violence of the Fiesta fans. In what order, will these functions be performed?

Do you think the victims would get justice if only one person performed all of the functions of the criminal justice system? Why not?

State two reasons why do you believe that different persons need to play different roles as the part of the criminal justice system?

Why do you think there is a rule that confessions made during police custody cannot be used as evidence against the accused?

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 lock up for two days. Was it legal for the police to detain him? Does it violate the D.K. Basu guidelines?

(b) Did S.I. Rao 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.I. Rao could have done as part of his investigation?

Now let us 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 or not register an FIR.

What did the judge say in Shanti’s case after hearing the testimony of all the witnesses?