Confessions made during police custody cannot be used as evidence against the accused because the accused could have confessed under pressure or by being beaten or tortured at the time of arrest, detention, and interrogation by the police.
(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?
It was not legal for the police to detain Sushil in the lock-up for two days. Yes, it violates 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?
No, S.I. Rao did not do enough to question witnesses and compile evidence before arresting Shanti and filing a case against her. As a part of the investigation S.I. Rao could have taken the following steps:
No, the officer-in-charge of the Police Station will not promptly lodge an FIR.
Following factors will influence the decision of the police not to register an FIR :
After hearing the testimony of all the witnesses, the judge said that Shanti is innocent. He acquitted Shanti from the charge of theft. He asked the police to hand over Rs. 10,000 that they had sealed.
(a) Open Court
(b) Basis of Evidence
(c) Cross-examination of Prosecution Witnesses
(a) Open Court – The trial of Shanti’s case was held in public view. Shanti was also present there. Her brother, Mr. and Mrs. Shinde were there too to hear the case proceedings.
(b) Basis of Evidence – The defense lawyer collected proper evidence in the court to prove Shanti’s innocence. The court also gave an opportunity to Advocate Roy to present witnesses in Shanti’s defense.
(c) Cross-examination of Prosecution Witnesses – Shanti’s lawyer, Advocate Roy was given an opportunity to cross-examine all the prosecution witnesses.
(a) If she were not defended by a lawyer.
(b) If the court had not assumed her to be innocent.
(a) If she were not defended by a lawyer, she would not have been acquitted of the theft charge for a crime which was not committed by her and would have been sent to jail for a few months.
(b) If the court had not assumed her to be innocent, her case of theft would not had gone through the process of fair trial. Defence lawyer would have not been provided to her and the court would have sent her directly to the jail.
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:
The column on the right provides a list of functions. Match these with the roles that are listed on the left. Have each 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?
|record the statements of witnesses;
|take photographs of burnt homes;
|arrest the Fiesta fans;
|get the assaulted women medically examined.
|Public Prosecutor :
|cross examine the witnesses;
|examine the witnesses in court;
|argue the case for the victims.
|Defence Lawyer :
|cross examine the witnesses;
|meet the accused persons;
|examine the witness in court.
|hear the witness;
|writes the judgement;
|decide for how many years the accused will be put in jail;
|pass the judgement.
The victims would not get justice if only one person performed all of the functions of the criminal justice system because a separation of powers is necessary within a judicial system too since absolute power can never be fair.
Different persons need to play different roles as part of the criminal justice system because: