Criminal Case From Investigation to Trial- The stages evolved
there are various stages in a criminal case. Lets
understand 27
Stages Of Criminal Cases In India Under Criminal Procedure Code, 1973.
A. Pre-trial
stage
B. Trial
stage
C. Post-trial
stage
A. Pre-trial
Stage
1. Commission of an offence (cognizable or
non cognizable)
2. A.
Information to police.
B. Complaint to
magistrate.
A. Information to police :
a.
Information of cognizable offence.
b.
Information of non cognizable offence.
a.
Information of cognizable offence :
Under Section 154 of the Code of Criminal
Procedure, a FIR or First Information Report is registered. FIR puts the case into motion. A FIR is
information given by
someone (aggrieved) to the police relating to the
commitment of an offense.
b.
Information of non cognizable offence :
In case of
non cognizable offence N.C.R (non cognizable report) is registered by police
under section 155 of Cr.P.C. but the
police cannot start investigation or arrest the accused without the order of a
Magistrate having power to try such case.
Section 2 (d) of the Code of Criminal Procedure defines the
term 'complaint as any allegation made orally or in writing to a Magistrate,
with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but
does not include a police report. On receipt of a complaint a Magistrate has several courses open to him.
He may take cognizance of the offence and proceed to record the
statements of the complainant and the witnesses present under Section 200, CrPC Thereafter if
in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203, Cr
PC. If in his opinion there is sufficient ground for proceeding he may
issue process under Section 204, Cr PC.
However, if
he thinks fit, he may postpone the issue of process and either inquire into the
case himself or direct an investigation to be made by a police officer
or such other person as he thinks fit for the purpose of deciding whether or
not there is sufficient ground for proceeding (Section 202, Cr PC).
He may then
issue process if in his opinion there is sufficient ground for proceeding or
dismiss the complaint if there is no sufficient ground for proceeding.
3. Investigation by Police :- Police conduct investigation for
1) For
collection of evidence;
2) Interrogation
statement of accused;
3) Statement of witnesses;
4) Scientific
analysis / opinion if required.
During this
time, at any stage decided by investigating agency, accused persons can
be arrested.
4. Anticipatory Bail :- Upon registration of FIR for cognizable criminal offence the accused may make an application for anticipatory bail u/s 438 CrPC in session court or high court.
If anticipatory bail is granted then the
accused cannot be arrested. If anticipatory bail is rejected then the accused
can be arrested without warrant.
5. Arrest of
the Accused :- In case of cognizable offence police can arrest the accused
without warrant. However in case of non cognizable offence prior approval
of magistrate is necessary.
6. Production
of accused to magistrate :- Within 24 hours of the arrest the
accused shall be produced before a magistrate having jurisdiction to try such
cases.
7. Remand :- Whenever
an accused is arrested for any offence and police cannot complete investigation
within 24 hours then such person is produced before a magistrate for seeking
extension of police or magisterial custody.
8. Final report u/s 173 -After investigation is completed:- The police after completing the investigation have to file a final report under section 173 of the CrPC.If investigating agency feels a prima facie case is made out, charge sheet is filed in Court through the public prosecutor. If police feels that no prima facie case is made out, a final report filed in Court.
9. Cognizance
of Offence by Magistrate :- After filling of charge sheet the
next stage is taking cognizance of offence by magistrate under section 190 of the Criminal Procedure Code.
10. Service of summons/warrant to accused and Process to compel
appearance
11. Appearance of accused before court &
engagement of advocate.
12. Filing bail application/ furnishing surety.
13. Decision is taken by the Court after hearing
the public prosecutor and the counsel for defence:
A. On question
of Charge sheet:
- Court can reject charge sheet, in which case the accused is discharged. Or,
- Court can accept that a prima facie case is made out, frame the charges, and post the case for trial. Case goes to next stage.
- Court can reject the final report, and direct the police to further investigate the case. Case goes back to the Stage of investigation.
14. Framing
Of Charge :- After considering the police report and other important
documents the accused is not discharged then the court frames charges
under which he is to be in trial.
15.
Conviction on plea of guilty :- If the accused pleads guilty, the
court shall record the plea and may, at discretion convicts the accused.
16. If the
accused pleads not guilty. Case is posted for trial.
B. Trial stage
B. Trial stage
17. Commencement of trial -. Trial may
be -
a. Sessions
trial
b. Warrant
trial
c. Summons trial
d. Summary
trial
18. Prosecution
evidence:- After the charges are framed, and the accused pleads
guilty, then the court requires the prosecution to produce evidence to prove
the guilt of the accused. The prosecution is required to support their evidence
with statements from its witnesses. This process is called "examination in chief". The magistrate has the power to issue summons to any person as a witness or orders him to
produce any document.
19. Statement
of the accused:- Section 313
of the Criminal Procedure Code gives an opportunity to the accused
to be heard and explain the facts and circumstances of the case. The statements
of accused are not recorded under oath and can be used against him in the
trial.
20. Defence
evidence:- An opportunity is given to the accused in a case where he is not
being acquitted to produce so as to defend his case. The defense can produce
both oral and documentary evidence. In India, since the burden of proof is on
the prosecution the defense, in general, is not required to give any defense evidence.
21. Final
Arguments:- Public Prosecutor and the defence counsel present their arguments.
22. Judgment
and sentence by the Court:- The final decision of the court
with reasons given
in support of the acquittal or conviction of the accused is known as
judgment.
23. Arguments
on sentence:- When the accused is convicted, then both sides are invited to give
arguments on the punishment which is to be awarded. This is usually done when
the person is convicted of an offense whose punishment is life imprisonment or capital punishment.
However when the
sentence is pronounced in a summons case, the parties need
not argue on the amount of punishment given. The sentence is the sole
discretion of the judge.
24. Judgment
of Court passing sentence:- After the arguments on
sentence, the court finally decides what should be the punishment for the
accused.
C. Post-Trial
Stage
25. Appeal (within specified period of limitation)/Revision :- Appeal can
be filed by party aggrieved by judgment on acquittal / conviction /sentence. On
notice being issued to the opposite parties, arguments are placed before
Appellate court by defence counsel and the public prosecutor. Or,
25 .A. Revision
Application :
Where there
is right of appeal provided but no appeal is filed, then in its discretion of the Sessions Court
or the High Court if it can entertain a revision to prevent miscarriage of
Justice occurred by the orders of the lower court.
26. Judgment
of the Appellate Court or Court having revisional jurisdiction.
27. Execution
of Sentence.
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