Criminal Case in India

By Team Legal Helpline India, December 26, 2014

IMPORTANT:  Being a Law Firm Delhi, we have in house expert team of criminal lawyers in India to handle any criminal case in India.

Online Indian lawyer for criminal case in India and for all legal services of criminal laws in India.

For urgent requirements call our board No. 9-11-2335 5388 or mail us the facts through contact us page of our website.

A brief description of the stages of Criminal case in India

A criminal case in India is regulated and conducted under Code of Criminal Procedure, 1973 which describes the process of conducting a criminal case in India. The stages of a criminal case in India can be described in the following steps:

STEP-1 OF A CRIMINAL CASE IN INDIA:

Reporting of commission of an offence to the police. The persons informing the police is called either informant or complainant and the persons against whom complaint is made are called suspect or accused based on the facts of the case.

STEP-2:

Police may register a FIR if the matter reported amounts to commission of a cognizable offence and start the investigation in the matter. The police may not register a FIR if the matter reported is a non-cognizable offence. This is named as a state case when the police registers the FIR on the basis of the complaint. This may be termed as the beginning of the criminal case in India.

Complaint case:

When the police refuse to register the FIR despite a specific complaint of cognizable offense. The complainant has the remedy to file an application under Section 156(3) of CrPC before the court of the magistrate. The Magistrate can issue directions to the police to register a FIR and investigate the matter. This is a very important step in the criminal case in India.

If the magistrate declines to issue the directions to the police to register the FIR , the option still available with the complainant is to file a complaint under Section 200 of Cr PC before the court of the Magistrate seeking summoning and punishment of the accused persons. This is called the complaint case as police has no role to play in the same. The court may after considering the evidence led by the complainant may issue summons against the accused persons in the criminal case in India.

STEP-3:

If the offence reported is bailable , the police may admit the accused on bail subject to the terms and conditions imposed on him. If the offence reported is non-bailable then the police may either arrest the accused or may not arrest him if his custodial interrogation is not required. The accused may obtain bail from the court in the event of his apprehension of arrest by taking the services of a bail lawyer.

STEP-4:

The offences have been described in the Indian Penal Code, 1860 and various other special laws including the laws applicable in the respective states. Police is required to conduct the investigation in the matter after registration of the FIR and to collect the entire evidence related to the commission of the offence and role of the accused persons, witnesses, medical evidence etc. The police is required to file the charge sheet on the basis of the same before the competent court and the court may issue summons to the accused persons named in the charge sheet filed by the police.

STEP-5:

Criminal case in India is assigned to the court of the magistrates depending upon the nature of the offence as classified in the First Schedule of the CrPC. In metropolitan cities, the magistrate is often named as Metropolitan Magistrate whereas in the other areas he is called the Judicial Magistrate.

After issuance of the summons to the accused persons by the court, the criminal trial formally begins and the accused persons are summoned to appear before the court on the date fixed by the court. This is another important stage in the criminal case in India.

STEP-6:

Court then proceeds to frame charges on the accused persons on the basis of the contents of the FIR, the court has the powers to remove and add charges on the accused persons on the basis of the FIR.

Next stage of the criminal case in India is the evidence stage of the case when all the witnesses named by the police in its charge sheet are summoned before the court to give evidence and prove the case of the police, the accused are given the liberty to cross examine the said witnesses to disprove the case of the prosecution. In this process the police is represented by the APP and the accused persons have the liberty to be represented by their defense counsels.

STEP-7:

After the prosecution witness is over, the accused are given the chance to produce their defense witness thereafter the court proceeds to record the statement of the accused persons. This is the stage of production of defence in the criminal case in India.

STEP-8:

The matter is thereafter fixed for final arguments and on the basis of that the court comes to the conclusion whether the offence has been proved or not, the court passes the orders in the case accordingly.

If the guilt of the accused persons has been proved the court thereafter fixes the matter for sentence and awards the sentence to the accused persons based upon the facts of the case. This is the last stage of the case and the criminal trial is treated to be completed after this stage. The accused persons are either convicted or exonerated based on the findings of the trial and the aggrieved party has the liberty to file appeal against the orders passed in the matter. This is considered as the final stage of the criminal case in India.

NOTE: As a Law Firm Delhi, we have in house expert team of criminal lawyers in India to handle any criminal case in India. For urgent requirements call our board No. 9-11-2335 5388 or mail us the facts through contact us page of our website.

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