Stages of Criminal Trial || Criminal Case || Criminal Proceeding in India ||
In this article, we are going to discuss a detailed study of 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.
Hey guys, this article is about the stage of criminal trials 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 frameworks. 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 the Indian Penal Code of 1860, and the second type of criminal law is procedural criminal law means Criminal Procedure Code 1973, and the Indian Evidence Act of 1872.
The code of criminal procedure 1973, is a procedural law, which provides a mechanism for the criminal trial to be conducted. The trial begins after the framing of the charge and ends with the judge’s decision. The Criminal Procedure Code provides us with a procedure by which a criminal trial is 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 is 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 is 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 over the matter called Zero FIR. The police officer-in-charge of the police station considers and registered it.
The second step after the lodging of FIR under section 154 is the investigation by the investigation officer (IO) of the matter as per section 156 and following the procedure provided under section 157. During the investigation, a police officer can arrest a suspect and take him for remand. After the arrest 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 further investigation he can grant police custody of the accused which shall not be more than 15 days as a whole. If the magistrate thinks that it is not fit to grant police custody then he may grant judicial custody.
After the granting of judicial custody, an accused can apply for a grant of bail, under the provision of sections 436, 437, and 439 Code of Criminal Procedure, 1973.
5. Sec. 27 of Evidence Act:-
During the investigation, the police officer-in-charge can search, and 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 facts 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 filed 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 have discussed the trial of warrant case, summons case, and summary trial.
Thanks for reading.