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12/5/18

Stages of Criminal Trial || Criminal Case || Criminal Proceeding in India ||

Stages of Criminal Trial || Criminal Case || Criminal Proceeding in India ||

                         In this article, a detailed study about the stage of the criminal trial or case or criminal proceeding in India. Stages like FIR, investigation, remand, bail, charge sheet, the framing of issue, charge, etc.




Introduction:-

                                      Hey guys, this article is about the stage of criminals trial in India. First of all, we should know, what is a crime? it is an act or omission which is prohibited by law in India is a crime. The punishment for all the crimes is provided by a procedure named as a criminal trial. The criminal trials in India well established statutory, administrative and judicial framework. In India, the word criminal law consists mainly of three act:- 

1. Indian Penal Code, 1860
2. Code of Criminal Procedure, 1973
3. Indian Evidence Act, 1872.

Classification of Criminal Law:-

                                                                 In India there are two types of criminal law, one is substantive criminal law means Indian Penal Code 1860, and the second type of criminal law is procedural criminal law means Criminal Procedure Code 1973, and Indian Evidence Act of 1872. 

              The code of criminal procedure 1973, is a procedural law, which provides a mechanism with the criminal trial to be conducted. The trial begins after the framing of charge and end with the judge's declaration. Criminal Procedure Code provides us a procedure by which a criminal trial conducted. The procedure includes the manners for the examination of witness collection of evidence, arrests, safeguards, interrogation of accused and procedure to be adopted by the police and court, bail procedure of criminal trial and use of a fair trial by the principle of natural justice.

            Indian Evidence Act provides a procedure for the production of the evidence in a trial and the evidentiary value, which can be attached to such evidence.

         That's all about the basis of the criminal trial, now we will discuss how a criminal trial set in motion.
          So for getting set in motion a criminal trial or criminal proceeding three methods are provided by the Cr.P.C.

1.  FIR under section 154
2.  Complaint to the magistrate
3.  Non-Cognizable under section 155



In this article, we will only discuss the criminal trial started by an FIR.

1. FIR Sec. 154:- 

                                                        FIR is the first stage of a criminal trial, but actually, it is a pre-trial stage. Whenever any cognizable offence is committed by any person FIR is lodged by the police officer against him. That complaint lodged orally or reduced into writing before the police station within whose jurisdiction offence is committed. Even it may be lodged in any police station having no jurisdiction on the matter called Zero FIR. The police officer-in-charge of the police station considers and registered it.

For the more detail about the FIR visit here:    
What is FIR? and Zero FIR?

2. Investigation:-

                                                                                                   The second step is after the lodging of FIR under section 154 is the investigation by the investigation officer (IO) of the matter as per section 156 and follow the procedure provided under section 157. During the investigation, a police officer can arrest a suspect and took him for remand. After the arresting of the suspect accused has to be produced before the magistrate within 24 hours from the time of the arrest.
            

3. Remand under section 167:

                                                                                                        When the investigation cannot be completed within 24 hours officer in charge can ask for police custody of the accused under section 167. On the application of officer-in-charge the magistrate considered that it is necessary for the further investigation he can grant police custody of the accused which shall not be more than 15 days as a whole. If the magistrate does not fit proper to grant police custody then he may grant judicial custody.

For a detailed study of the remand visit here:  
 Remand meaning and maximum period in India 

4. Bail:-

                                         After the granting of judicial custody an accused can apply for a grant of bail, under the provision of section 436, 437 and 439 Code of Criminal Procedure, 1973.

5. Sec. 27 of Evidence Act:-

                                                                                                  During the investigation police officer in-charge can search, seize the material from the possession or elsewhere kept by the accused.

6. Charge Sheet 173:

                                                                              In the investigation, the conclusion is made by the investigating officer by examining fact and circumstances, collecting evidence, examining the various person and taking their statement in writing and all the other steps necessary for completing the investigation and then that conclusion is file to the Magistrate as a police report called Charge Sheet.

           When the police officer found that only incriminating subsistence and the prima facie case is made out then he put up a charge sheet against the accused before the Magistrate. After the filing of the charge sheet the actual trial starts.

After this, three types of Trials came into existence which are as follows:-

1.  Trial of Warrant Case =>
                                    a. case instituted on a police report
                                   b. Case instituted otherwise than on the police report 
2.  Trial of Summons Case
3.  Summary Trial 

       In this article, we only read about the pre-trial stages of the criminal trial or case. 
In the next article, we will discuss the trial of warrant case, summons case and summary trial. 

For the stages of the warrant cases visit here:-  Stages of the criminal trial in warrant case under Cr.P.C.
       
 Stages of the criminal trial in Summon cases under CrPC in India
                                                                                             

                                                                                                 Thanks for reading. 

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