Different stages of criminal cases in India are :-
A. Pre-trial stage
B. Trial stage
C. Post-trial stage
Now, each stage requires
some steps to be fulfilled they are :-
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.
B. Complaint to
magistrate - 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, Cr PC.
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
- For collection of evidence;
- Interrogation/ statement of
accused;
- Statement of witnesses;
- Scientific analysis / opinion if
required.
During this time, at any
stage decided by investigating agency, accused persons can be arrested.
In case of cognizable
offence police can start investigation after the registration of FIR, no prior
approval of magistrate is necessary. But in case of non cognizable offence,
prior approval of magistrate is necessary to start investigation.
4.
Anticipatory Bail :- Upon registration of FIR for cognizable criminal
offence the accused may make an application for anticipatory bail 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. After investigation is completed:- 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. In
the language of the Hon’ble Apex Court employed in its earliest
decision R.R.Chari v. State of U.P AIR 1951 SC 207 “taking cognizance does not involve any formal action or indeed action
of any kind but occurs as soon as a Magistrate as such applies his mind to the
suspected commission of offence”
10. Service of
summons/warrant to accused and Process to
compel appearance under chapter 6 of Cr.P.C.
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:-
a.
Court can reject charge sheet, in which case the accused is discharged.
Or,
b.
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.
B. On
Final Report:-
a.
Court can accept the final report- case is closed and accused is discharged.
Or,
b.
Court can reject the final report, and direct the police to further investigate
the case. Case goes back to the Stage of investigation. Or,
c. If
the Court direct the case to be posted for trial. Case goes to next
stage.
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
trialed.
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
17. Commencement of trial - Generally speaking trial of a case commences when the case is posted for examination of witnesses. 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. While punishing
a person, the courts consider various theories of punishment like reformative
theory of punishment and deterrent theory of punishment. Court also considers the
age, background and history of an accused and the judgment is pronounced
accordingly.
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,
Revision
Application :-
Where
there is right of appeal provided but no appeal was filed then in its
discretion the Sessions Court or the High Court 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.
References :-
1.https://www.google.co.in/amp/s/blog.ipleaders.in/all-about-the-various-stages-of-criminal-trial-in-india/amp/
2.https://www.lawfarm.in/blogs/process-of-criminal-trial-and-proceedings-in-india.
3.http://www.lawyersclubindia.com/mobile/experts/details.asp?mod_id=84286
