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Answers
Answer:
Answer 1) Article 22 of the Constitution and criminal law guarantee to every arrested person the following Fundamental Rights :
• 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.
Answer 2) 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 this includes :
• The police officials who carry out the arrest aur 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 - signed by the person arrested.
• The person arrested , detained or being interrogated has a right to inform a relative , friend or well wishes
• When a friend or relative lives outside the district , the time , place of arrest and venue of custody must be notified by police with in 8 to 12 hours after arrest.
Answer 3) In court , it is the Public Prosecutor who represents the interests of the State. the role of the prosecutor begins once the police has conducted the investigation and file the chargesheet 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 to 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.
Answer 4) 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.
Features of Fair Trial: held in an open court, in public view-in the presence of the accused-accused was defended by a lawyer or defence lawyer is given an opportunity to cross-examine all the prosecution witnesses and to present witnesses in accused’s defence. Judge has to assume that the accused is innocent or guilty. Prosecution has to prove beyond reasonable doubt that the accused is guilty. Judge decides the matter only on the basis of the evidence. Judge remains impartial and on proved innocent, the accused is allowed to go free.
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.