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Journey of Criminal Case

This article is written by SHRUTI JAIN, LL.B 1stYear student of State Level PG Law College, Bhopal during her internship with LeDroit India.

INTRODUCTION

“To have once been a criminal is no disgrace. To remain a criminal is the disgrace.”  ~ Malcom X

Crime and criminals are certainly seemed upon in society with finest hatred. Nevertheless, it’s far our society that prepares the crime and the crook commits the same. Criminal legal guidelines were set up to scale down crime and criminals. Criminal regulation is a large area which include 3 important foremost acts. They are: –

  • The Indian Penal Code, 1860
  • The Indian Evidence Act, 1872
  • The Criminal Procedure Code, 1973.

The Indian Penal Code is a substantial regulation at the same time as the Indian Evidence Act and the Code of Criminal Procedure come beneath the ambit of procedural legal guidelines. Before we begin our adventure from research to trial, we have to undergo some critical definitions: –

Cognizable Offence – Cognizable offence method an offence wherein a police officer has the authority to make an arrest with out a warrant and to begin an research without or with the permission of a courtroom docket. The police can document a First Information Report (FIR) for cognizable offences simplest. In Cognizable instances, police could make the research with out the previous permission of the Magistrate. Cognizable instances are extra critical than the non-cognizable instances. Normally, severe offences are described as cognizable and commonly bring a sentence of three years or extra.

Non-cognizable Offence – They are the ones classes of offences, which, as consistent with Criminal Procedure Code (1973), the Police can neither sign up the FIR nor can check out or impact arrest with out the explicit permission or instructions from the courtroom docket of regulation are called Non-cognizable offences. These encompass minor offences including abusing one another, minor scuffles with out injuries, intimidation, etc.

Once the sort of offence has been acknowledged, the research system begins. The steps which take a case from research level to trial are as follows: – 

THE EVIDENCE PHASE – After the FIR has been filed with the aid of using the police, the research begins. The research is accomplished so one can accumulate proof through: –

  1. Gathering of proofs or series of proof
  2. Statement of witnesses
  3. Interrogation or cross-exam
  4. Logical exam or clinical analysis

TYPES OF EVIDENCES

Recording of Statements beneath zone 161 of CrPC. Where an offence is submitted below region 354, 376, or 509 of the I.P.C, the declaration of the rate ought to be enrolled through the Magistrate below region 164 of the CrPC. 

  • Gathering of Evidence withinside the form of Documents and others.
  • Recording of admissions or articulations below place 164 Cr.PC earlier than the Magistrate.

During this exam, the Police make captures and are proceeds with the technology of the accused earlier than the Magistrate. The charged have to be offered earlier than the justice inside 24 hours of seize through the Police.

After the accused is produced earlier than the Magistrate, the subsequent in addition approaches begin.

REMAND OR BAIL 

Whenever an accused is arrested for any offense and the police are not able to finish the research inside 24 hours then such accused is produced earlier than a Justice of the Peace, soliciting for an extension of custody. The Justice of the Peace can provide police custody to the accused which shall now no longer exceed greater than 15 days withinside the complete thinking about of the utility. However, if the Justice of the Peace does now no longer appear to be convinced, then the accused is taken to magisterial custody. However, the Justice of the Peace below segment 167 (2) (a) of the Criminal Procedure Code, can also additionally authorize the detention of the accused individual. Otherwise, if he’s happy that good enough grounds exist in doing so, he’s stored withinside the custody of police for a duration of past fifteen days. However, no Justice of the Peace shall authorize custody for greater than: –

  • Ninety days, wherein the exam of an offence is culpable with death, detainment for a long term or detainment for a time period at least ten years.
  • Sixty days, in case of exam of a few different offence.

On the expiry of the ninety days or 60 days, the denounced may be allowed protect via way of means of making use of for an award of shield, in the preparations of segment 436, 436, and 439 of CrPC.

FINAL REPORT (Section 173)

The police, after completing the exam want to report the very last record beneathneath Section 173 of the Criminal Procedure Code. This marks the quit of the exam and the evidence accumulated through the investigating group.  If the proof accrued towards the accused is inadequate then the police may also record a record beneathneath Section 169 of the Criminal Procedure Code and launch the accused on executing a bond and mission for acting the Magistrate empowered to take consciousness. The final file will of two types.

  1. Conclusion Report.
  2. Charge sheet/Final record

A CLOSURE REPORT 

A closure document or a end document is filed while the police own no proof to show that the alleged crime has been dedicated via way of means of an accused. After the closure document is filed the Justice of the Peace has the subsequent 4 options: – 

  1. Accept the file and near the case.
  2. Direct the police investigating crew to research the problem similarly if he/ she thinks that there are nevertheless a few loopholes withinside the research.
  3. Issue a word as he’s the simplest character who can task the concluding document.
  4. Might reject the closure document and take attention beneath Section one hundred ninety of the Criminal Procedure Code and Section 204 of the Criminal Procedure Code problem summons to the accused and direct his look to the Justice of the Peace.

CHARGE SHEET OR THE FINAL REPORT

A fee sheet includes the factors of the offense dedicated in a prescribed shape, the entire research document of the Police authorities, and the expenses slapped towards the accused. It consists of briefed facts, all statements recorded beneathneath segment 161, 164 of the Criminal Procedure Code, a replica of the FIR, a listing of witnesses, a listing of seizures, and different documental proof. According to Chapter 6 of the Criminal Procedure Code, at the submitting of the fee sheet, the accused can be issued a summons via way of means of the Justice of the Peace to seem earlier than him on a given date. On the submitting of the price sheet, the Magistrate takes focus of the problem below Section a hundred ninety of the Criminal Procedure Code. The courtroom docket, if It deems fit, can reject the rate sheet and discharge the accused or can receive it and body the costs and, submit the case for trial. 

BEGINNING OF THE TRIAL PROCESS

Here, the adventure keeps in the courtroom. If the accused pleads guilty, he’s convicted. If the accused pleads now no longer guilty, the trial procedure begins.

Opening of the Case: The case is opened withinside the courtroom docket of regulation through the Prosecutor, who clarifies the courtroom docket approximately the prices placed on the accused withinside the fee sheet. However, the accused can each time report an software beneath Section 227 of the Criminal Procedure Code 1973 for freeing him for the modifications supplied that the prices towards him are fake and aren’t strong or ok to maintain towards him withinside the preliminary.

Evidence Presented with the aid of using the Prosecution: Witnesses from each facets are analyzed. The levels of evidence consist of Examination of Chief, Cross-Examination, and Re-exam. To show the guilt of the accused, the prosecution is needed to supply proof earlier than the Court. The evidence or proof need to be subsidized with the aid of using the witnesses’ assertion. This method is called “exam in boss”. The Justice of the Peace has the electricity to problem summons to any man or woman as a witness or request him to supply a record earlier than the Court. Sections of the Criminal Procedure Code 1973 relevant right here are:

Section 233- Session trial

Section 242- Warrant trial

Section 254- Summons trial

Statement of the Accused: After the proof produced via way of means of the Prosecution, the declaration of the accused is recorded below Section 313 for the CrPC. An oath isn’t taken into consideration in the course of the recording of any assertion. The accused at that factor says his or her realities and situations of the case. Anything recorded at some point of this technique may be applied towards that individual at any later level.

Witness of the Defense: The protection, after the declaration of the accused, produces oral and narrative proof. This is below Section 233 for classes trial, Section 243 for warrant trial, Section 254 (2) for the request of summons trial. In India, the protection is typically now no longer required to offer any evidence because the burden of evidence is at the Prosecution.

The Final Arguments: The closing arguments are provided with the aid of using the Public Prosecutor and the protection counsel. As indicated in Section 314 of the Criminal Procedure Code, any celebration to any intending can also additionally, quickly after the quit of his proof, cope with concise oral arguments, and may also, earlier than he winds up the oral contentions, if any, post a memorandum to the Court imparting succinctly and below awesome headings, the arguments in guide of his case. Every such jotting will shape part of the file. A replica of each such jotting will be furnished to the opposite birthday birthday celebration.

The Judgement: After listening to all of the arguments, the choose makes a decision whether or not to convict the accused or acquit him. This is called judgment. This additionally Incorporates consultation trial contained in Section 235, warrant trial in Section 248, and summon trial beneath Section 255 of the CrPC. If the accused is convicted, then each facets gift their arguments at the punishment. This is typically completed if the punishment is existence imprisonment or capital punishment.

After listening to the arguments from each aspects, the courtroom docket eventually makes a decision what have to be the punishment for the accused. Various theories of punishment are taken into consideration which include the reformative principle of punishment and the deterrent concept of punishment. The age, background, and records of the accused additionally stored in thoughts at the same time as giving the judgment.

CONCLUSION 

I would love to finish through pronouncing that crime in no way pays. The adventure from research to trial isn’t always a mattress of roses. Many people inclusive of the Police officials, the lawyers, and the judges have a important position to play at each degree. From research to the collection of proof to the trial, all play their roles appropriately, bravely in addition to being truthful and honest. When regulation and order begin running hand-in-hand, crime and criminals very quickly be worn out of the society. We have to usually maintain in thoughts that punishment is the ultimate and the least powerful device given to decrease crime and criminals. We have to make efforts to lessen crime prices and make the sector a higher place. 

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