This article is written by Harnil Trivedi who is pursuing a Certificate Course in Advanced Criminal Litigation and Trial Advocacy from Lawsikho.
Table of Contents
The realities affirm that bad behavior and criminal are seen by the overall population with the best contempt by all sections of the people of the overall population. The control for bad behavior is picked by the frameworks developed by criminal law. Criminal law involves 3 rule acts that are 1) the Indian Penal Code 2) Indian Evidence Act, 1872, and 3) Code of Criminal Procedure 1973. The Indian Penal Code is an important law while the Indian Evidence Act and the Code of Criminal Procedure are procedural laws. Before we start with the cycle, altogether, we get over with some fundamental definitions.
Cognizable offenses are of much real nature. In a Cognizable offense, the cop can catch a person without a warrant. A cognizable offense is portrayed under territory 2 (c) of the CrPC. The subsequent it is inferred to the police that any cognizable offense has been submitted in its close by ward, the police will without a doubt enroll a FIR under zone 154 of the CrPC. A cognizable offense is an offense that is chargeable with confinement for quite a while or more. A dissent can similarly be given to a Magistrate and the Magistrate orchestrates the authority in-charge and advances the protesting. The authority by then enrolls the FIR. In a cognizable offense, the police can start the examination following chronicle the FIR. No assent from the Magistrate is required.
Non Cognizable offence
Non Cognizable offenses have been characterized under segment 2 (I), of Cr.PC. as an offense. In these sorts of offenses, the police cannot capture the individual without a warrant. There are culpable with detainment for under 3 years or with fine as it were. In a non-cognizable offense, before beginning the examination the authorization of the officer is required.
Stages of Evidence
After the FIR has been enlisted by the police specialists, the investigation happens. The investigation is finished by the police for:
- For the collection of evidence.
- Statement of witnesses.
- Cross examination/ statement of the accused.
- Logical analysis.
Types of Evidence
- Recording of Statements under area 161 of CrPC. Where an offense is submitted under area 354, 376, or 509 of the I.P.C, the statement of the accused must be enrolled by the Magistrate under segment 164 of the CrPC.
- Gathering of Evidence in the type of Documents and others.
- Recording of admissions or statements under segment 164 Cr.P.C before the Magistrate.
- During the investigation the police make arrests.
Production of Accused Before The Magistrate
The accused will be delivered before the judge inside 24 hours of arrest.
At whatever point a blamed is captured for any offense and police can’t finish the examination within 24 hours then such individual is created before a judge for looking for an augmentation of care. The judge can concede police guardianship to the denounced which will not be over 15 days in the entire thinking about the application. In any case, on the off chance that the officer doesn’t appear to be persuaded, at that point the blamed is taken to authoritative care. In any case, the judge under area 167 (2) (a) may approve the confinement of the denounced individual, in any case in authority of police past the time of fifteen days; in the event that he is fulfilled that satisfactory grounds exist in doing as such. In any case, no officer will approve care for more than-
- 90 days, where the investigation is of an offense culpable with death, detainment for a long time or detainment for a term at least tenyears.
- 60 days, where the investigation is of some other offense.
On the expiry of the 90 days or 60 days, the accused can be granted bail by applying for an award of bail, inside the arrangements of area 436, 436 and 439 of Cr.P.C.
Section 173 (Final Report)The police subsequent to finishing the investigation need to record a last report under area 173 of the CrPC. This is the finish of the investigation and the proof gathered by the Investigation Agency. On the off chance that the proof gathered against the accused is inadequate, at that point the police may record a report under area 169 of the Cr.P.C and delivery the accused on executing a security and undertaking for showing up the Magistrate enabled to take cognizance. The last report will of 2 sorts.
- Closure Report.
- Chargesheet/Final report
A closure report is documented when the police have no evidence to demonstrate that the supposed offense has been submitted by an accused. After the closure report is recorded the officer has 4 options.
- Accept the report and close the case.
- Direct the examining agency to research the issue further, on the off chance that he/she thinks there is still some hole in the investigation.
- Issue notice as he is the main individual who can challenge the closure report.
- May dismiss the closure report and take cognizance under area 190 of Cr.PC and under segment 204 of Cr P.C issue summons to the accused and direct his appearance to the judge.
A charge sheet remembers the components of the offense for an endorsed structure, and it likewise contains the total investigation of the Police specialists and the charges slapped against the accused. It incorporates realities, in short, all statements recorded under area 161, 164, a duplicate of the FIR, rundown of witnesses, rundown of seizure, and other documental proof. As indicated by Chap 6 of the CrP.C, on the documenting of the charge sheet, the accused might be given a summons by the officer to show up before him on a given date. On the recording of the charge sheet, the Magistrate takes cognizance of the issue under area 190 of the Cr.P.C. The court can dismiss the charge sheet and release the accused or can acknowledge it and edge the charges and, post the case for trial..
Plea of Guilty Or Not Guilty By Accused
On the off chance that the accused concedes, the court will record the request and may convict him. In the event that the accused argues not blameworthy, at that point the case is posted for trial.
Opening of The Case
The case is opened by the Prosecutor, who should clarify the court about the charges put on the accused in the charge sheet. The accused whenever can record an application under area 227 of Cr.P.C for releasing him for the charges exacted on the ground that the charges against him are bogus and are not solid or adequate enough to continue against him in the preliminary.
Commencement Of Trial
- Sessions Trial
In warrant case, there are sub-divisions. More serious case are to be conducted by a court of session while less serious case are to be conducted by Magistrates. Whether a particular offence is triable by court of session or by a magistrate can be ascertained by referring to the first schedule of CRPC.
- Warrant Trial:
According to Sec: 2 Sub Section: X of Criminal Procedure Code Warrant Case is defined as “Warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years” The whole procedure is given under Sec 238 to 250 of CRPC.
- Summons Trial:
Summons case means a case in which the offence is of petty nature and if it is a Non Cognizable offence and where the punishment is less than for 2 Years or it is for 2 Years then it comes under summons case. The whole procedure is given under Sec 251 to 259 of CRPC.
- Summary Trails:
From the point of view of procedure, a summary trail is an abridged form of the regular trail and is resorted to in order to save time in trying petty cases. Shortcuts in procedure in criminal cases are without risks; but in view of the safeguards provided as to the type of judicial officers who may exercise this power; the nature of the offence that may be so tried and the punishment that may be inflicted in such trials , summary jurisdiction is justifiable.
Stages of Evidence of Prosecution
Witnesses from the two sides are examined. The phases of proof incorporate Examination of Chief, Cross Examination and Re-examination. To create the blame of the accused, the arraignment is needed to deliver proof. The proof should be upheld with statements from witnesses. This cycle is designated “examination in chief”. The justice has the ability to give summons to any individual as a witness or requests him to create any record.
(Session trial- section 233, warrant trial- section 242 and summons trial-section254).
Statements of the Accused
After the proof of the arraignment, the statement of the accused is recorded under segment 313 of Cr.P.C. A vow isn’t controlled during the chronicle of the statement. The accused at that point says his/her realities and conditions of the case. Anything recorded during the statement can be utilized against the person in question at any later stage.
Witness of Defence
The defence after the statement of the accused produces oral and documentary evidence. This is under area 233 for meetings preliminary, areas 243 for warrant preliminary, segment 254 (2) for summons preliminary). In India the protection is commonly not needed to give any guard evidence as the weight of verification is on the prosecution.
Final arguments are introduced by the Public Prosecutor and the guard counsel. As indicated by segment 314 of Cr.P.C, any gathering to a procedure may, when might be, after the end of his proof, address succinct oral arguments, and may, before he closes the oral arguments, assuming any, present a reminder to the Court presenting compactly and under unmistakable headings, the arguments on the side of his case and each such update will frame part of the record.
A copy of every such memorandum shall be simultaneously furnished to the opposite party.
In the wake of hearing all the arguments, the appointed authority concludes whether to convict the accused or absolve him. This is known as judgment. (Meeting trial-Section 235, warrant trial-segment 248 and summon trial-segment 255). In the event that the accused is convicted, at that point the two sides give their arguments on the punishment. This normally done if the punishment is life detainment or capital punishment.
Subsequent to hearing the arguments on the sentence, the court finally chooses what ought to be the punishment for the accused. Different speculations of punishment are viewed as like the reformative hypothesis of punishment and obstacle hypothesis of punishment. Age, foundation, and history of the accused are additionally thought of while giving the judgment.
Post Trial Stage
Appeal (within specified period of limitation)/Revision
Allure can be recorded by party abused by judgment on quittance/conviction/sentence. On notice being given to the contrary gatherings, arguments are put under the steady gaze of Appellate court by guard counsel and the public examiner. Or on the other hand,
Where it is right of allure gave yet no allure was recorded then in its tact the Sessions Court or the High Court can engage a revision to prevent the miscarriage of Justice happened by the sets of the lower court.
Judgment of the Appellate Court or Court having revisional jurisdiction
Revision: Section 115 of the Code manages the revisional purview of the High Court. It gives that the High Court may require the record of any case which has been chosen by any court subordinate to such High Court and in which no allure lies thereto, and if such subordinate court shows up
- to have exercised jurisdiction not vested in it by law, or
- to have neglected to practice a purview so vested. or then again
- to have acted in the exercise of its jurisdiction illegally or with material irregularity.
Execution of Sentence
Execution of sentence is managed in the Chapter 32 of Criminal Procedure Code,1973. In granting sentence, the judge includes wide circumspection inside as far as possible. There is no direction for the judge in granting sentence. Consequently each judge demonstrations in his own tact and the sentence given by him depends on his own judgment. There are a few components which influence the matter of executing sentence.
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