Our Criminal Justice System
Q10. What is a FIR? Explain.
Write a short note on FIR.
Ans. FIR stands for First Information Report. It is
with the registration of an FIR that the police can begin their investigations
into a crime. The law states that 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. There
is a prescribed form in which the police registers 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.
Q11. What are D.K Basu Guidelines?
Ans. The Supreme Court of India has laid down 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 some of these include:
The police officials who carry out the arrest or interrogation should wear
clear, accurate and visible identification and name tags with their
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.
The person arrested, detained or being interrogated has a right to inform a
relative, friend or wellwisher.
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
Q12. Explain the following terms: accused, cognizable,
cross-examine, detention, impartial, Offence and witness
Ans. Accused: In the context of this chapter
this refers to the person who is tried by a court for a crime.
In the context of this chapter this refers to an offence for which the police may
arrest a person without the permission of the court.
In the context of this chapter this refers to the questioning of a witness who
has already been examined by the opposing side in order to determine the veracity
of his/her testimony.
In the context of this chapter this refers to the act of being kept in illegal custody
by the police.
The act of being fair or just and not favouring one side over another.
Any act that the law defines as a crime.
be charged of a crime: This refers to the trial judge informing
the accused, in writing, of the offence for which he/she will face trial.
In the context of this chapter this refers to the person who is called upon in court
to provide a first-hand account of what he/she has seen, heard or knows.