Laws and Indian Judiciary Notes PDF

Laws and Indian Judiciary - Notes Polity Copyright © 2014-2023 TestBook Edu Solutions Pvt. Ltd.: All rights reserved  Download Testbook App Laws and Indian Judiciary Chapters Covered Chapter 3: Parliame...

Laws and Indian Judiciary - Notes Polity Copyright © 2014-2023 TestBook Edu Solutions Pvt. Ltd.: All rights reserved  Download Testbook App Laws and Indian Judiciary Chapters Covered Chapter 3: Parliament and the Making of Laws (8th) Chapter 4: Judiciary (8th) Chapter 8: Law and Social Justice (8th) Making of a Law Parliament has an important role in making laws. There are many ways through which this takes place. The role of citizens is crucial in helping Parliament frame different concerns that people might have into laws. From establishing the need for a new law to its being passed, at every stage of the process, the voice of the citizen is a crucial element. This voice can be heard through TV reports, newspaper editorials, radio broadcasts, local meetings – all of which help in making the work that Parliament does, more accessible and transparent to the people. To Select the National Government Parliament of India consists of the President, the Rajya Sabha and the Lok Sabha. After the Lok Sabha elections, a list is prepared showing how many MPs belong to each political party. For a political party to form the government, they must have a majority of elected MPs. The Opposition in Parliament is formed by all the political parties that are not part of the majority party/coalition formed. The largest amongst these parties is called the Opposition party. This executive is often what we have in mind when we use the term government. The Prime Minister of India is the leader of the ruling party in the Lok Sabha. From the MPs who belong to her party, the Prime Minister selects ministers to work with her to implement decisions. These ministers then take charge of different areas of government functioning like health, education, finance etc. SUBJECT | Polity 1 of 18  Download Testbook App Often times in the recent past it has been difficult for a single political party to get the majority that is required to form the government. They then join together with different political parties who are interested in similar concerns to form what is known as a coalition government. Unpopular and Controversial Laws Sometimes a law can be constitutionally valid and hence legal, but it can continue to be unpopular and unacceptable to people because they feel that the intention behind it is unfair and harmful. When a large number of people begin to feel that a wrong law has been passed, then there is pressure on the Parliament to change this. In a democracy like ours, citizens can express their unwillingness to accept repressive laws framed by the Parliament. The involvement and enthusiasm of the people help Parliament perform its representative functions properly. Recently in December 2021, due to the agitation by farmers across India, the Central Government repealed the Agricultural laws that were passed in September 2020. If the law favours one group and disregards the other it will be controversial and lead to conflict. People who think that the law is not fair can approach the court to decide on the issue. The court has the power to modify or cancel laws if it finds that they don’t adhere to the Constitution. Do You Know? Rowlatt Act: Rowlatt Act which allowed the British government to imprison people without due trial. Indian nationalists including Mahatma Gandhi were vehement in their opposition to the Rowlatt bills. Despite the large number of protests, the Rowlatt Act came into effect on 10 March 1919. Domestic Violence: Domestic violence generally refers to the injury or harm or threat of injury or harm caused by an adult male, usually the husband, against his wife. Injury may be caused by physically beating up the woman or by emotionally abusing her. Abuse of the woman can also include verbal, sexual and economic abuse. The Protection of Women from Domestic Violence Act 2005 extends the understanding of the term ‘domestic’ to include all women who ‘live or have lived together in a shared household’ with the male member who is perpetrating the violence. The Protection of Women from Domestic Violence Act came into effect in 2006. SUBJECT | Polity 2 of 18  Download Testbook App Do you know? In December 2002, the Standing Committee submitted its recommendations to the Rajya Sabha and these were also tabled in the Lok Sabha. The Committee’s report accepted most of the demands of the women’s groups. Finally a new bill, was reintroduced in Parliament in 2005. After being passed in both houses of Parliament, it was sent to the President for his assent. The Protection of Women from Domestic Violence Act came into effect in 2006. Law The law is a rule made by a government that states how people may and may not behave in society and in business, and that often orders particular punishments if they do not obey, or a system of such rules. The Constitution of India establishes the rule of law throughout the country but initially the British colonialists introduced the rule of law in India. It has been mentioned by historians that the colonial law was arbitrary, and the Indian nationalists played a prominent role in the development of the legal sphere in British India. Do you Know? Sedition Act, 1870: The idea of sedition was very broadly understood within this Act. Any person protesting or criticizing the British government could be arrested without due trial. All persons in independent India are equal before the law irrespective of their caste, creed, status etc. The law cannot discriminate between persons on the basis of their religion, caste or gender. What the rule of law means is that all laws apply equally to all citizens of the country and no one can be above the law. Neither a government official nor a wealthy person nor even the President of the country is above the law. Any crime or violation of law has a specific punishment as well as a process through which the guilt of the person has to be established. The Indian Judiciary SUBJECT | Polity 3 of 18  Download Testbook App The judicial system of a country needs to be efficient in order to ensure proper justice to all. India has a single unified and integrated judicial system. Judiciary plays an important role as an organ of the government. It administers justice, settles disputes, interprets laws, protects fundamental rights and acts as guardian of the Constitution. Do you Know? Law and Judiciary: Law is a system of rules imposed through a government or institution to govern people while Judiciary or Judicial system is the system of courts which administers Justice in the name of the State. Smiritis: In ancient India Smiritis defined the social duties for the individual. There are Manusmriti, Narada Smriti, Yajnavalkya smriti etc. The Indian judicial system and laws we have today were formed by the British during the colonial rule in the country. The beginning of Indian codified common law is traced back to 1727 (Under the Charter of 1726) when the Mayor’s court in Madras, Bombay and Calcutta were established by the East India Company. The Government of India Act 1935 created the Federal Court. It was not the highest court as appeals could lie in certain situations to the Privy Council in England. The Jurisdiction of Privy Council was abolished by the Abolition of the Privy Council Jurisdiction Act, 1949. The Supreme Court of India was inaugurated on 28 January 1950. These Supreme Courts functioned until 1862 when they were replaced by the High Courts at all the three places. Warren Hastings established Mofussil Diwani Adalat to resolve civil disputes and Mofussil Faujdari Adalat to resolve criminal disputes. The appeals from these courts could be taken to Sadar Diwani Adalat (civil court of appeal) and Sadar Nizamat Adalat (criminal court of appeal). Lord Cornwallis reorganized the civil and criminal judicial system. Under Cornwallis, the District Faujdari court was abolished and Circuit Court was set up at Calcutta, Dacca, Murshidabad and Patna. During the period of William Bentinck four Circuit courts were abolished. Sadar Diwani Adalat and Sadar Nizamat Adalat were established at Allahabad. A law commission was set up by Macaulay, which codified the Indian Laws. On the basis of this Commission, A Civil Procedure Code of 1859, An Indian Penal Code of 1860, and a Criminal Procedure Code 1861 were prepared. Do you Know? SUBJECT | Polity 4 of 18  Download Testbook App The Calcutta High Court is the oldest High court in the country, established in 1862, whereas the Allahabad High Court is the largest Court. Judiciary and Constitution India framed its own Constitution. Among the noble aims and objectives of the Constitution, the founding fathers accorded the highest place to ‘Justice’. During the British period, Indians had neither law nor courts of their own and both the law and courts had been designed for Colonial Power. The Constituent Assembly members therefore tried to ensure the independence of the Courts with full power of Judicial review. Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court. The Supreme Court of India is the highest court in the country, and is established under Chapter IV (Federal Judiciary) of Part V (Union) of the Constitution. Articles 124 to 147 of the Constitution of India determine the composition and jurisdiction of the Supreme Court of India. Structure of courts in India The Constitution of India provides for a three - tier judicial system: 1. The supreme court of India 2. The High courts in the constituent states and 3. The District and Sessions Courts in the judicial districts in every state/ Supreme Court of India: Its decisions are binding on all courts. It can transfer judges of High Courts. It can move cases from any court to itself. It can transfer cases from one High Court to another. High Court: It can hear appeals from lower courts. It can issue writs for restoring Fundamental Rights. It can deal with cases within the jurisdiction of the State. It exercises superintendence and control over courts below it. District Court: It deals with cases arising in the District. It considers appeals on decisions given by lower courts. It decides cases involving serious criminal offences. Subordinate Courts: The subordinate court is more commonly known by many different names. These include the Trial Court or the Court of the District Judge, the Additional Sessions Judge, Chief Judicial Magistrate, Metropolitan Magistrate, Civil Judge. These courts consider cases of civil and criminal nature. Sessions Court: The Courts that hear criminal cases are called the Sessions Court. SUBJECT | Polity 5 of 18  Download Testbook App The Panchayat Courts: The Panchayat Courts deal with Civil and Criminal cases at the village level. The Revenue Courts: The Revenue courts deal with the cases of land records. It also assesses and collects land revenue from the land holders. Lok Adalat: Lok Adalat was set up to provide speedy justice. It hears and settles the disputes in the language of the people in the public presence. A Lok Adalat is presided over by a retired judge along with a lawyer and a social worker. Cases are put forward without advocates. These cases are solved through mutual consent. The first Lok Adalat was held in 1982 at Junagadh of Gujarat. Fast Track courts: These courts were established in the year 2000 with an aim to clear the long pending Sessions and other lower judicial cases. Tele Law Initiative: To provide legal aid and service to the people in rural areas, the Tele Law Initiative was launched by the Ministry of Law and Justice in collaboration with the Ministry of Electronics and Information Technology. People can seek legal advice from the lawyers through video conferencing available at the common service centre on the ‘Tele Law’ Portal – a technology enabled platform. Family Courts: Family courts specifically handle family law matters. They are civil courts and are utilized for various family related claims such as Child custody, Divorce, Adoption, Juvenile issues etc. Mobile courts: Mobile court means a court set up in a vehicle which can move from one place to another according to a well-prepared plan and schedule. First mobile court was inaugurated in the Mewat district of Haryana in 2007. It is a brainchild of former President A.P.J. Abdul Kalam. Mobile courts are of great relief to the rural people. These have created greater awareness about the judicial system among the rural masses and have render justice as their doorstep. E–Courts: The E–Courts project was established in 2005. According to the project all the courts will be computerized. Judicial service centre is the part of e-court. The public as well as the advocates can ask directly the case status and next hearing dates free of cost. SUBJECT | Polity 6 of 18  Download Testbook App Role of the Judiciary The role of Judiciary can be classified as: Dispute Resolution: The Judicial system provides a mechanism for resolving disputes between Citizen Citizens and the government Two State governments The centre and the State governments Judicial Review: The Judicial has the power to declare a law unconstitutional if it believes that the law passed by the Parliament is violating the basic structure of the Constitution. Upholding the Law and Enforcing Fundamental Rights: Every citizen of India can approach the Supreme Court or High Court if they believe that their fundamental rights have been violated. The Supreme Court of India The Supreme Court was established on 26 January 1950, the day India became a Republic. Like its predecessor, the Federal Court of India ((1937–1949), it was earlier located in the Chamber of Princes in the Parliament House. It moved to its present building on Mathura Road in New Delhi in 1958. According to the Constitution of India, the Supreme Court is the guardian of the Constitution and the highest Court of appeal. SUBJECT | Polity 7 of 18  Download Testbook App Jurisdiction of the Supreme Court Do you know? High Courts were first established in 1862 in the three Presidency cities of Calcutta, Bombay and Madras. The High Court of Delhi came in 1966. At present there are 25 High Courts. Punjab and Haryana share a common High Court at Chandigarh, and the four north eastern states of Assam, Nagaland, Mizoram and Arunachal Pradesh have a common High Court at Guwahati. Andhra Pradesh (Amravati) and Telangana (Hyderabad) have separate High Courts with effect from 1 January 2019. High Court The High Court is the head of a state’s judicial administration and every constituent state is expected to have a High Court. At present there are a total of 25 High Courts for 28 States and SUBJECT | Polity 8 of 18  Download Testbook App 08 Union Territories. However, four High Courts have jurisdiction over more than one state. For example, the States of Punjab and Haryana and the Union Territory Structure of Government of Chandigarh have a common High Court situated at Chandigarh. Similarly, the High Court of Guwahati is common for seven northeastern States of Assam, Nagaland, Manipur, Meghalaya, Mizoram, Tripura and Arunachal Pradesh. Please note that Delhi alone has a High Court of its own. Other six Union Territories come under the Jurisdiction of nearby State High Courts. Free and fair functioning of the judiciary The framers of the Constitution established an independent and impartial judiciary in India. Independence of the judiciary is important for the purpose of fair justice. In a democratic country like India, the judiciary is the custodian of the rights of citizens. Therefore, the framers of the Indian Constitution at the time of framing of our constitution were concerned about the kind of judiciary our country should have. This concern of the members of the constituent assembly was responded to by Dr. B.R. Ambedkar in the following words: “There can be no difference of opinion in the House that our judiciary must be both independent of the executive and must also be competent in it and the question is how these two objects can be secured.” An effective judiciary should be independent as well as accountable. The independence of the judiciary is the independence of the exercise of the functions by the judges in an unbiased manner i.e. free from any external influence. The Independence of Judiciary means: Separation of Powers: Other branches of government, the legislature and the executive cannot interfere in the work of the judiciary. The courts are not under the government and do not act on their behalf. For the above separation to work well, it is also crucial that all judges in the High Court as well as the Supreme Court are appointed with very little interference from these other branches of government. Once appointed to this office, it is also very difficult to remove a judge. It is the independence of the judiciary that allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. It also plays a crucial role in protecting the Fundamental Rights of citizens because anyone can approach the courts if they believe that their rights have been violated. The Litigation Process: Civil Law: It deals with disputes over money, property and social matters. Eg. Disputes relating to land, rent, marriage disputes etc. A petition has to be filed before the relevant SUBJECT | Polity 9 of 18  Download Testbook App court by the affected parties. Sentences awarded in the form of money remuneration and as per the petitioner’s claim. Criminal Law: It deals with conducts or acts that the law defines as offences. Eg. Theft, murder, women harassment etc. It usually begins with lodging of an FIR (First Information Report) with police investigation after which a case is filed in the court. Punishment is awarded if proven guilty, the accused is sent to jail. Do you Know? Litigation: It is the process of taking legal action. Writ: It is a form of written command in the name of legal authority. Public Interest Litigation (PIL): PIL is a litigation filed in a court of law for the protection of “public interest”. The Supreme Court introduced this system which allows a person to approach the court with his/her case. PIL can be filed for the following reasons such as violation of basic human rights, religious rights, pollution, and road safety. This could be done by a written letter stating the case. This concept is unique to the Indian Judiciary. Article 21 of the Constitution on the Right to Life also includes the Right to Food. The judgment of the Olga Tellis vs Bombay Municipal Corporation established the Right to Livelihood as part of the Right to Life. Does Everyone Have Access to the Courts? All citizens of India can access the courts in this country. This means that every citizen has a right to justice through the courts. The courts are available for all but in reality, access to courts has always been difficult for a vast majority of the poor in India. Legal procedures involve a lot of money and paperwork as well as take up a great deal of time. In response to this, the Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or P.I.L. to increase access to justice. It allowed any individual or organisation to file a P.I.L. in the High Court or the Supreme Court on behalf of those whose rights were being violated. The phrase ‘justice delayed is justice denied’ is often used to characterize extended time periods that courts take. However, in spite of this there is no denying that the judiciary has played a crucial role in democratic India, serving as a check on the powers of the executive and the legislature as well as in protecting the Fundamental Rights of citizens. Social and Criminal Justice SUBJECT | Polity 10 of 18  Download Testbook App To protect people from exploitation, the government makes certain laws. These laws try to ensure that the unfair practices are kept at a minimum in the markets. Many laws have their basis in the Fundamental Rights guaranteed by the Indian Constitution. For instance, the Right against Exploitation says that no one can be forced to work for low wages or under bondage. Similarly, the Constitution lays down “no child below the age of 14 years shall be employed to work in any factory or mines or engaged in any other hazardous employment.” According to a law on minimum wages, a worker has to be paid not less than the minimum wage by the employer. There are other laws that protect the interests of producers and consumers in the market. These help ensure that the relations between these three parties i.e. the worker, consumer and producer are governed in a manner that is not exploitative. By making, enforcing and upholding laws, the government can control the activities of individuals or private companies so as to ensure social justice. A Worker’s Worth A worker’s worth is the value he/she has in the eyes of an industry he/she is employed in. In India, one worker can easily replace another. There is so much unemployment that many workers are willing to work in unsafe conditions in return for a wage. Thus, even so many years after the Bhopal gas tragedy, there are regular reports of accidents in construction sites, mines or factories due to the callous attitude of the employers. SUBJECT | Polity 11 of 18  Download Testbook App Bhopal Gas Tragedy The world’s worst industrial tragedy took place in Bhopal in 1984. Union Carbide (UC) an American company had a factory in the city in which it produced pesticides. At midnight on 2 December 1984 methyl-isocyanite (MIC) - a highly poisonous gas - started leaking from this UC plant. Within three days, more than 8,000 people were dead. Hundreds of thousands were maimed. Most of those exposed to the poison gas came from poor, working-class families, of which nearly 50,000 people are today too sick to work. Among those who survived, many developed severe respiratory disorders, eye problems and other disorders. Children developed peculiar abnormalities. The disaster was not an accident. UC had deliberately ignored the essential safety measures in order to cut costs. Much before the Bhopal disaster, there had been incidents of gas leak killing a worker and injuring several. Despite the overwhelming evidence pointing to UC as responsible for the disaster, it refused to accept responsibility. In the ensuing legal battle, the government represented the victims in a civil case against UC. It filed a $3 billion compensation case in 1985, but accepted a lowly $470 million in 1989. Survivors appealed against the settlement but the Supreme Court ruled that the settlement amount would stand. UC stopped its operations, but left behind tons of toxic chemicals. These have seeped into the ground, contaminating water. Dow Chemical, the company who now owns the plant, refuses to take responsibility for cleanup. 24 years later, people are still fighting for justice: for safe drinking water, for healthcare facilities and jobs for the people poisoned by UC. They also demand that Anderson, the UC chairman who faces criminal charges, be prosecuted Enforcement of Safety Laws The government is supposed to ensure that safety laws are implemented. It is also the duty of the government to ensure that the Right to Life guaranteed under Article 21 of the Constitution is not violated. As we can see from the Bhopal Gas Tragedy, the negligence of the government is the reason for such a hazardous disaster. Government officials refused to recognize the plant as hazardous and allowed it to come up in a populated locality. The Government didn’t ask Union Carbide to shift to cleaner technology or safer procedures. Government inspectors continued to approve the procedures in the plant, even when repeated incidents of leaks from the plant made it obvious to everybody that SUBJECT | Polity 12 of 18  Download Testbook App things were seriously wrong. Safety was being disregarded both by the government and by private companies in this case. Do You Know? Workers in a textile mill in Ahmedabad faced greater competition from power looms and a majority of the textile mills closed down during the 1980s and 1990s. Power looms are small units with 4-6 looms. The owners operate them with hired and family labour. It is well known that conditions of work in the power looms are far from satisfactory. According to the 2011 census, over 4 million children in India aged between 5 and 14 work in various occupations including hazardous ones. In 2016, Parliament amended the Child Labour (Prohibition and Regulation) Act, 1986, banning the employment of children below the age of 14 years in all occupations and of adolescents (14-18 years) in hazardous occupations and processes. It made employing these children or adolescents a cognizable offence. Anyone found violating the ban must be penalized with a punishment ranging from a jail term of six months to two years and/or fine of Rs.20,000 to Rs.50,000. The central government had asked state governments to develop plans to rescue and rehabilitate children who are working. An online portal, https://pencil.gov.in, Platform for Effective Enforcement for No Child Labour (PENCIL) has become functional in 2017. It is meant for filing of complaint, child tracking, implementation and monitoring of National Child Labour Project (NCLP). New Laws to Protect the Environment The environment was treated as a ‘free’ entity and any industry could pollute the air and water without any restrictions. The Bhopal disaster brought the issue of the environment to the forefront. In response to this, the Indian Government introduced new laws on the environment. The Right to Life is a Fundamental Right under Article 21 of the Constitution and it includes the right to the enjoyment of pollution-free water and air for full enjoyment of life. The courts gave a number of judgments upholding the right to a healthy environment as intrinsic to the Fundamental Right to Life. The government is responsible for setting up laws and procedures that can check pollution, clean rivers and introduce heavy fines for those who pollute. A major role of the government is to control the activities of private companies by making, enforcing and upholding laws so as to prevent unfair practices and ensure social SUBJECT | Polity 13 of 18  Download Testbook App justice. Laws that are weak and poorly enforced can cause serious harm, as the Bhopal gas tragedy showed. Apart from the government, people should also exert pressure so that both private companies and the government act in the interests of society. Do you Know? Minimum Wages Act specifies that wages should not be below a specified minimum. Many workers are denied fair wages by their employers. Because they badly need work, workers have no bargaining power and are paid low wages. This law is meant to protect the interests of all workers; particularly, farm labourers, construction workers, factory workers, domestic workers, etc. Ship-breaking is another hazardous industry that is growing rapidly in South Asia. Old ships no longer in use, are sent to shipyards in Bangladesh and India for scrapping. These ships contain potentially dangerous and harmful substances. Environment as a Public Facility In recent years, while the courts have come out with strong orders on environmental issues, these have sometimes affected people’s livelihoods adversely. For instance, the courts directed industries in residential areas in Delhi to close down or shift out of the city. Several of these industries were polluting the neighbourhood and discharge from these industries was polluting the river Yamuna, because they had been set up without following the rules. But while the court’s action solved one problem, it created another. Because of the closure, many workers lost their jobs. Others were forced to go to far-away places where these factories had relocated. And the same problem now began to come up in these areas – for now these places became polluted. And the issue of the safety conditions of workers remained unaddressed. Recent research on environmental issues in India has highlighted the fact that the growing concern for the environment among the middle classes is often at the expense of the poor. So, for example, slums need to be cleaned as part of a city’s beautification drive, or as in the case above, a polluting factory is moved to the outskirts of the city. And while this awareness of the need for a clean environment is increasing, there is little concern for the safety of the workers themselves. SUBJECT | Polity 14 of 18  Download Testbook App The challenge is to look for solutions where everyone can benefit from a clean environment. One way this can be done is to gradually move to cleaner technologies and processes in factories. The government has to encourage and support factories to do this. It will need to fine those who pollute. This will ensure that the workers' livelihoods are protected and both workers and communities living around the factories enjoy a safe environment. Role of Government in ensuring Social Justice Laws are necessary in many situations, whether this be the market, office or factory, so as to protect people from unfair practices. Private companies, contractors, business persons, in order to make higher profits, resort to unfair practices such as paying workers low wages, employing children for work, ignoring the conditions of work, ignoring the damage to the environment (and hence to the people in the neighborhood), etc. A major role of the government, therefore, is to control the activities of private companies by making, enforcing and upholding laws so as to prevent unfair practices and ensure social justice. This means that the government has to make "appropriate laws’ and also has to enforce the laws. Laws that are weak and poorly enforced can cause serious harm, as the Bhopal gas tragedy showed. While the government has a leading role in this respect, people can exert pressure so that both private companies and the government act in the interests of society. Environment, as we saw, is one example where people have pushed a public cause and the courts have upheld the right to a healthy environment as intrinsic to the Right to Life. People now must demand that this facility of a healthy environment be extended to all. Likewise, workers’ rights (right to work, right to a fair wage and decent work conditions) is an area where the situation is still very unfair. People must demand stronger laws protecting workers’ interests so that the Right to Life is achieved for all. Understanding Our Criminal Justice System According to Article 22 of the Constitution, every person has a Fundamental Right to be defended by a lawyer. Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability. Four key players in the criminal justice system are the police, the Public Prosecutor, the defense lawyer and the judge. Role of the Police in Investigating a Crime SUBJECT | Polity 15 of 18  Download Testbook App An important function of the police is to investigate any complaint about the commission of a crime. The investigation includes recording statements of witnesses and collecting different kinds of evidence. On the basis of the investigation, the police are required to form an opinion. If the police think that the evidence points to the guilt of the accused person, then they file a charge sheet in the court. It is not the job of the police to decide whether a person is guilty or innocent; the judge has to decide this. Meanwhile, the rule of law means that everyone, including the police, is subject to the law of the land. Police investigations have to be conducted in accordance with the law and with full respect for human rights. The Supreme Court has laid down 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 the investigation. They cannot inflict any form of punishment on a person even for petty offences. Article 22 of the Constitution Article 22 of the Constitution and criminal law guarantee the following Fundamental Rights to every arrested person: The Right to be informed at the time of arrest of the offence for which the person is being arrested. The Right to be presented before a magistrate within 24 hours of arrest. The Right not to be ill-treated or tortured during arrest or in custody. Confessions made in police custody cannot be used as evidence against the accused. A boy under 15 years of age and women cannot be called to the police station only for questioning. D.K. Basu Guidelines The Supreme Court of India sets specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines and these include: The police officials who carry out the arrest or 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 countersigned by the person arrested. The person arrested, detained or being interrogated has a right to inform a relative, friend or a well-wisher. SUBJECT | Polity 16 of 18  Download Testbook App 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. First Information Report (FIR) Once the FIR is registered, the police can begin their investigations into a crime. As per the law, it is compulsory for an officer in charge of a police station to register an FIR whenever a person gives information about a cognizable offence. This information can be given to the police either orally or in writing. The FIR usually mentions the date, time and place of the offence, details the basic facts of the offence, including a description of the events. If known, the identity of the accused persons and witnesses is also mentioned. The FIR also states the name and address of the complainant. Police can register an FIR in a prescribed form, signed by the complainant. The complainant also has a legal right to get a free copy of the FIR from the police. Role of Public Prosecutor A criminal offence is regarded as a public wrong, which is committed not only against the affected victims but also against society as a whole. In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police have conducted the investigation and filed the charge sheet in the court. He/she has no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is his/ her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case. Role of the Judge Like an umpire in a game, the Judge conducts the trial impartially in an open court. He/ She hears all the witnesses and all evidence presented by the prosecution and the defence. On the basis of the evidence presented and in accordance with the law, the judge decides whether the accused person is guilty or innocent. If the accused is convicted, then the judge pronounces the sentence and sends them to jail or imposes a fine or both, depending on what the law prescribes. Fair Trial For a trial to be fair, several different procedures have to be observed. Article 21 of the Constitution that guarantees the Right to Life states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure. A fair trial ensures that Article 21 of the Constitution is upheld. SUBJECT | Polity 17 of 18  Download Testbook App Features of Fair Trial: The trial should be held in an open court, in public view. The trial should be held in the presence of the accused. The accused must be defended by a lawyer. Defence lawyer must have the opportunity to cross-examine all the prosecution witnesses. Also, have an opportunity to present witnesses in the accused's defence. It is the responsibility of the prosecution to prove beyond reasonable doubt that the accused was guilty. The judge should decide the matter only on the basis of the evidence before the court. He/She must remain impartial. Every citizen, irrespective of their class, caste, gender, religion and ideology, before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution. SUBJECT | Polity 18 of 18