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criminal case study about procedural steps which are followed by the court in accordance with provision of crpc.s, Exams of Criminal Law

Himachal Pradesh UniversityCriminal Law

criminal case study about procedural steps which are followed by the court in accordance with provision of crpc.s

Typology: Exams

2019/2020

Uploaded on 10/03/2020

neeraj-kanwar
neeraj-kanwar 🇮🇳

1 document

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STAGES OF CRIMINAL TRIAL
1. F.I.R or COMPLAINTt –
First information report is lodged orally or in writing by the
aggrieved or by any other person in the police station .
F.I.R is noted under sec 154 Cr.P.C.
Complaint – If a police official does not register an F.I.R or
otherwise , then a person has a right to make a complaint to the
Magistrate in writing to take up cognizance against the offence
committed under sec 155 of Cr.P.C.
Generally a complaint is filed before the Magistrate in case of
non- cognizable offences where police cannot investigate
without the permission of the court.
2. INVESTIGATION BY POLICE
Investigation is done by the police officer ( investigation officer
IO ).
An IO is appointed for investigation .
IO conducts all the investigation which is required such as
recording of statements of witnesses, conducting medical
examinations, C.D.R reports, making discoveries etc.
IO has to maintain daily diary of investigation.
3. CHARGE SHEET
An IO within 90 days has to make a report of investigation under
sec 173 Cr.P.C i.e charge sheet.
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STAGES OF CRIMINAL TRIAL

1. F.I.R or COMPLAINTt –

First information report is lodged orally or in writing by the aggrieved or by any other person in the police station. F.I.R is noted under sec 154 Cr.P.C. Complaint – If a police official does not register an F.I.R or otherwise , then a person has a right to make a complaint to the Magistrate in writing to take up cognizance against the offence committed under sec 155 of Cr.P.C. Generally a complaint is filed before the Magistrate in case of non- cognizable offences where police cannot investigate without the permission of the court.

2. INVESTIGATION BY POLICE

Investigation is done by the police officer ( investigation officer IO ). An IO is appointed for investigation. IO conducts all the investigation which is required such as recording of statements of witnesses, conducting medical examinations, C.D.R reports, making discoveries etc. IO has to maintain daily diary of investigation.

3. CHARGE SHEET

An IO within 90 days has to make a report of investigation under sec 173 Cr.P.C i.e charge sheet.

Charge sheet contains an F.I.R , List of witnesses and any other report which IO has prepared during investigation. Any evidence or report which IO could not submit within 90 days can be submitted as supplementary charge sheet under sec 173(8) of Cr.P.C.

4. CHARGE

A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. Arguments on charge – Prosecutor and council for the accused both make their submissions and arguments as to framing and non framing of charge. Charges Framed – After hearing arguments from both side , Magistrate is of opinion that there is ground for presumption that the accused has committed an offence he shall frame in writing a charge against the accused and also give the reason for each of the charge framed against the accused. Plea Charge framed is read and explained to accused , and accused is asked whether he pleads guilty of the offence charged.

5. PROSECUTION EVIDENCE

After charges are framed , first of all u/s 242 Cr.P.C prosecution witnesses are examined and cross examined , summons are issued to witnesses for appearing before the court on date fixed. prosecution submits its evidence. Examination in chief of prosecution witness u/s 137 of Indian Evidence act. Cross Examination of the prosecution witness u/s 139 of Indian Evidence act by council for the accused In case a prosecution witness turns hostile then in such case cross examination to be done by prosecutor. Re-examination of the prosecution witness ( prior approval of court is necessary )

8. CLOSING ARGUMENTS

After completion of Prosecution Evidence and Defence Evidence , the prosecution makes the closing arguments first followed by the Defence Council. Prosecution makes arguments and argues why accused should be guilty Defence argues and argues as to why accused should not be guilty. For defence counsel, closing argument is the last chance to remind the jury of the prosecution's high burden of proof and to persuade the jury that there is, at a minimum, reasonable doubt as to the defendant's guilt.

9. ORDER OR JUDGEMENT

After hearing arguments and point of law (if any) ,the Magistrate/Judge will examine the evidence and shall decide if accused is guilty or innocent. If accused is innocent – case is finished and accused can go home free of any issues for that crime. State can appeal the sentence to High Court. If Accused is Guilty – Accused will be sentenced on the same day or another day depending on the Magistrate/ Judge.