marathi
Saturday, May 30, 2015
Friday, May 1, 2015
Stages of Criminal Trial
STAGES OF CRIMINAL TRIAL.
Normally a Criminal Trial
has to travel through main stages
from the lodging of F.I.R. till its judgment, they are as under :-
1. FIR
:- Any person can launch
prosecution against the person committing any legal wrong. A complaint can be lodged orally or reduced
in to writing before the police station within whose jurisdiction an offence is
committed. The Police Officer in-charge
of the police station considers the complaint and registered
2. Inquiry and Investigation :-
An police officer after the receipt of the complaint under section 154
of the Code of Criminal Procedure, and matter is taken up for the
investigation.
2-A. If the Police Officer in-charge does not
found any material in the complaint then he can register the complaint under
section 155(2) of Code of Criminal Procedure and issues a receipt thereof to
the complainant.
3. Upon registering the F.I.R. and during
investigation, a Police Officer can arrest the suspect and took him for remand. Soon after the arrest the accused has to be
produced before the Magistrate within 24 hours from the time of his arrest, for
authorizing further detention as contemplated under section 57 of Code of
Criminal Procedure.
4. The Police Officer in-charge can ask
for Police Custody of the accused under section 167 of Code of Criminal
Procedure if the investigation cannot be completed within 24 hours. (See Sec 57
of Cr.P.C.)
5. The magistrate considering the
application can grant Police Custody to the accused which shall not be more
than fifteen days in the whole.
5-A. If the magistrate does not fit it proper to
grant police custody then the accused is taken in Magisterial Custody. (See Sec 167 of Cr.P.C.)
6. Soon after the MCR, an accused can
apply for grant of Bail, within the provisions of section 436, 437 and 439 of
Code of Criminal Procedure.
7. During the investigation, a police
officer in-charge can search, seize the material from the possession of
accused, or elsewhere kept by the accused.
( See Section 27 of Evidence Act )
8. After the completion of investigation,
if the police officer found incriminating substance and prima facie case is
made out, then he put up charge sheet against the accused. If the offence is punishable with death, life
or not less than 10 years, then charge sheet is to be filed within 90
days. Whereas the offence is punishable
less than 10 years then charge sheet is to be filed within 60 days. ( See Section 167 (2) (a) (i) and (ii) of
Cr.P.C.
8-A. Upon receipt of charge sheet under section
173 of Code of Criminal Procedure, the court can either accept the charge sheet
and put the accused to trial or reject the charge sheet and discharge the
accused.
8-B. If upon the completion of investigation,
the police officer does not found any prima facie case, then he can file a
final report requesting a discharge of accused.
8-C. Upon receipt of the final report, the
magistrate can either direct the police officer to re-investigate and file
report or can issue notice to the complainant for hearing upon the final report
requesting the discharge of accused.
8-D. If the complainant does not satisfy with
the final report requesting discharge of accused, he can request for treating
the same as protest petition and try the accused independently.
9. On acceptance of charge sheet, the
accused has to take necessary bail from the court and mater is posted for plea
or charge as the case may be. Whenever
the offence is punishable with two years of punishment, then such cases are
called as summons case and tried as summary trial within the exception of
section 260 of Cr.P.C. and the rest of the matters are tried as summons case.
(See Section 239, 240 and 251 of Cr.P.C.)
10. On complying section 251 or 240 as the
case may be, the matter is posted for evidence of the prosecution witness. (See section 242 and 254 of Cr.P.C.)
11. Sometimes prior to commencement of
evidence of prosecution the prosecution issues notice under section 294 of
Cr.P.C. to admit documents to the accused.
By this way the evidence of the witnesses for which the document is
admitted is curtailed during the trial.
12. Whenever the evidence is to be recorded,
the court has to record the evidence as provided under section 274 of Cr.P.C.
for summons case and section 275 of Cr.P.C. for warrant case. For summary trial u/s 260 of Cr.P.C. the
evidence is recorded as provided under section 263 of Cr.P.C.
13. After recording the evidence, the matter
is posted for statement of accused under section 313 of Cr.P.C, wherein the
incriminating evidence brought against the accused is explained to the accused.
14. Thereafter the matter is posted for
evidence of the defense if any. If the
accused does not desire to adduce his own evidence or any other evidence in his
defense then matter is posted for Arguments. (See Section 314 of Cr.P.C. for
arguments )
15. After the completion of arguments the
matter is posted for judgment. If there
is a judgment of acquittal in summons case then it is to be given under section
255(1) of Cr.P.C. and conviction under section 255(2) of Cr.P.C.
16. Similarly the judgment of acquittal in
warrant cases are given under section 248(1) of Cr.P.C. and conviction under
section 248(2) of Cr.P.C.
17. If the conviction is given, then the copy
of the judgment is to be provided to the accused forthwith free of cost.
18. In case of sentence the magistrate is
empowered to pass the sentence up to three years and fine not exceeding Rs.
10,000/-. Similarly the CJM can pass
sentence up to 7 years. ( see Section 29
of Cr.P.C.)
19. The sentence of imprisonment in default
of payment of fine can be given not exceeding 1/4th of the sentence
which magistrate can inflict as punishment.
(See Section 30 of Cr.P.C.)
20. The magistrate can also award
compensation to the complainant while recording the judgment of
conviction. ( See Section 357(1) and 357
(2) of Cr.P.C.)
21. If the accused has undergone any
detention during the period of investigation and trial then while convicting
him, a set off can be given under section 428 of Cr.P.C.)
22. Upon conviction, accused can request for
suspension of sentence under section 389 (3) of Cr.P.C.
23. In view of section 437-A of Cr.P.C. accused has to submit bail bonds to appear before the next appellate court.
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