Various stages of
criminal Proceedings 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 :-
An F.I.R. may also be
registered under the order of a Magistrate. For example, Meena
files a complaint before the Magistrate that her husband is harassing her for
dowry. If the Magistrate
forwards the complaint to the officer-in-charge of the concerned police station
without taking cognizance, then the officer should register an F.I.R. and then
investigate the case (Cr.P.C., Section 156 (3)
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 under section 438 of Cr.P.C. 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 police has no
authority to arrest without warrant.
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.
Section 57 of the
Cr.P.C provides that “ No police officer shall detain
in custody a person arrested without warrant for a longer period than under all
the circumstances of the case is reasonable, and such period shall not, in the
absence of a special order of a Magistrate under section 167, exceed twenty- four hours exclusive of the time necessary for the
journey from the place of arrest to the Magistrate' s Court.”
7. Remand/Bail :- 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
custody.
The
magistrate considering the application can grant Police Custody to the accused which
shall not be more than fifteen days in the whole.
However, If the magistrate does not deems it proper to grant police custody then the accused is taken in Magisterial Custody.
Proviso (a) to sub-section (2) of section 167 provides that " The Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days; if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding,-
1. Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
2. Sixty days, where the investigation relates to any other offence.
on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail. An accused can apply for grant of Bail, within the provisions of section 436, 437 and 439 of Cr.P.C.
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 (section 173). If police feels that no prima
facie case is made out, a final
report filed in Court
(section 173).
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 in 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.”
Section
193 provides that no Court of Session shall take cognizance of any offence as a
Court of original jurisdiction unless the case has been committed to it by a
Magistrate under this Code.
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, if bail has not been taken earlier.
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.
In sessions trial (under section 228) and warrant trial (under section 240), the charges should be framed in
writing. The charge shall
then be read and explained to the accused and
he shall be asked whether
he pleads guilty of the offence charged or claimed to be tried
In summons trial (under section 251) the Magistrate would orally state the facts of the offense the accused is answerable. The Magistrate after stating the facts of the offense shall ask the accused if he pleads guilty or has any defense to support his case.
15. Conviction on plea of guilty :- If the accused pleads guilty, the court shall record the plea and may, at discretion convicts the accused.(under section 229 for sessions trial, section 241 for warrant trial and section 252 for summons trial)
16. If the accused
pleads not guilty. Case is posted for
trial. (under section 230 for sessions trial, section 242(1) for warrant trial
and section 254(1) for summonns 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
(Section 225 - 237)
b. Warrant trial
(Section 238 - 250)
c. Summons trial
(Section 251 - 259)
d. Summary trial
(Section 260 - 265)
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. (See Section 231 for sessions trial ,
Section 242 for warrant trial and 254 of
Cr.P.C for summonns trial)
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.
(under section 233 for sessions trial, section 243 for warrant trial, section
254(2) for summonns trial)
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.
Section 314 of Cr.P.C.
provides that " Any party to a
proceeding may, as soon as may be, after the close of his evidence, address
concise oral arguments,
and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting
forth concisely and under distinct headings, the arguments in support of his case
and every such memorandum shall form part of the record."
A copy of every such memorandum shall be simultaneously furnished to the opposite party.
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. (Under Section 235 for sessions trial, Section
248 for warrant trial, Section 255 for summonns trial)
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.
Section 235(2) (for
sessions trial) provides that if the accused is
convicted, the Judge shall, unless he proceeds in accordance with the
provisions of section 360, hear
the accused on the question of sentence, and
then pass sentence on him according to law.
Section 248(2) (for warrant trial) provides that where, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
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.
Judgement shall be
pronounced in accordance with chapter 28 of Cr.P.C.(dealing with judgement)
C. Post-trial stage
25. Appeal (within
specified period of limitation) Or Revision :-
Appeal :- Appeal
(Chapter 29) can be filed by party aggrieved by judgment on acquittal (section 378)/ conviction
(section 374)/sentence (section 377).
On notice being issued
to the opposite parties, arguments are placed before Appellate court by defence
counsel and the public prosecutor.
Powers of the
Appeallate Court - Under section 386 the
Appeallate Court has following powers –
1. In an appeal from an order or acquittal - reverse such order and
direct that further inquiry be made, or that the accused be re- tried or
committed for trial, as the case may be, or find him guilty and pass sentence
on him according to law;
2. In an appeal from a conviction-
a. reverse the finding and sentence and acquit or discharge the
accused, or order him to be re- tried by a Court of competent jurisdiction
subordinate to such Appellate Court or committed for trial, or
b. alter the finding, maintaining the sentence, or
c. with or without altering the finding, alter the nature or the
extent, or the nature and extent, of the sentence, but not so as to enhance the
Same;
3. In an appeal for enhancement of sentence -
a. reverse the finding and sentence and acquit or discharge the
accused or order him to be re- tried by a Court competent to try the offence, or
b. alter the finding maintaining the sentence, or
c. with or without altering the finding, alter the nature or the
extent, or the nature and extent, of the sentence, so as to enhance or reduce
the same;
4. In an appeal from any other order, alter or reverse such order;
5. Make any amendment or any consequential or incidental order
that may be just or proper;
Provided that the Appellate
Court shall not inflict greater punishment for the offence which in its opinion
the accused has committed, than might have been inflicted for that offence by
the Court passing the order or sentence under appeal.
Or,
Revision (Chapter 30)
:-
Power of revision
under Cr.P.C. lies with the High Court and the Court of sessions.
In a
court case, the provision of appeal to the higher court is inbuilt in law. An
aggrieved litigant can redress his grievance by exercising that provision. But
in some cases there is no provision for appeal at all.
Even if appeal is there, there is only one appeal in some cases. In some other cases the appeal provision may not be holistic enough to address every sort of grievance of the litigant. Therefore in order to avoid the remote possibility of any miscarriage of justice there is a provision for revision.
Power of revision is exercisable to any pending or concluded proceeding.
The High Court or Sessions Judge can direct the Chief Judicial Magistrate or any Magistrate to conduct further inquiry into any complaint dismissed under section 203 for having no sufficient ground, or under section 204 (4) for not paying process fee for issuing process, or the discharge of any person accused of any offence under the CrP.C.
While carrying out revision, the High Court or Sessions Judge may exercise all the powers conferred on a Court of Appeal under Sections 386, 389, 390 and 391 of the CrPC, or on a Court of Sessions under Section 307 of CrPC.
A court exercising revision, unlike as in an appeal, cannot convert the acquittal into one of conviction.
26. Judgment of the
Appellate Court or Court having revisional jurisdiction.
27.
When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and
the sentence shall not be executed unless it is confirmed by the High Court.
(Section 366).
According to section 368 " In any case submitted under section 366, the High Court-
1. may confirm the sentence, or pass any other sentence warranted by law, or
2. may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or
3. may acquit the accused person:
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
28. Execution,
Suspension, Remission and commutation of sentences : -
Chapter
32 of Cr.P.C. deals with Execution, Suspension,
Remission and commutation of sentences.
Execution of Sentence
:-
Execution
of Death sentence - Section 413 provides that when in a case
submitted to the High Court for the confirmation of a death sentence, or
when a death sentence is passed by the high court in appeal or
revision, the Court of Session receives the order of confirmation or other
order of the High Court thereon, , it
shall cause such order to be carried into effect by issuing a warrant or taking
such other steps as may be necessary.
Execution of sentence of imprisonment - Section 418 provides that Where the accused is sentenced to imprisonment for life or to imprisonment for any term the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant.
Section 419 provides that Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.
Execution of fine - When an offender has been sentenced to pay a fine the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may
a. issue a warrant for the levy of the amount by attachment and sale of any moveable property belonging to the offender;
b. issue a warrant to the collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both of the defaulter:
Suspension , Remission
and Commutation of Sentence
Suspension means to take or withdraw the sentence for
the time being. After a person is found guilty, the execution is stayed for a
temporary period in suspension. It is the temporary postponement of the
sentence.
Remission implies reducing the period of sentence without
changing its character.
Commutation denotes the substitution of a form of punishment
for a lighter one.
The
power of suspension, remission and commutation of sentence is vestesd with the
appropriate government.
If the accused has undergone any detention during the period of investigation inquiry or trial of the same case then while convicting him, a set off can be given under section 428 of Cr.P.C.
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
