STAGES OF CRIMINAL PROCEEDINGS

Indian Criminal Law is regulated by:

1. The Indian Penal Code, 1860 (IPC)

2. The Code of Criminal Procedure, 1973 (CrPC)

3. The Indian Evidence Act, 1872 (Evidence Act)

All the above Acts go hand in hand and for a complete knowledge of Indian Criminal Law it is necessary that all the three acts are studies thoroughly. A separate study of the acts will not understand the gist of Criminal Law. It is necessary to study the three acts entirely to know the different stages in Criminal proceedings in India.

INDIAN CRIMINAL PROCEEDINGS ARE AS FOLLOWS

1. Commission of an offence

Commission of an offence leads to the start of a criminal proceeding. Commission of offence is surely not a part of trial.

2. Information to Police

i. Information as to the commission of a cognizable offence.

Cognizable offences are to be taken note of by the police and police has to act according to Section 154 of the CrPC.

ii. Information as to the commission of a Non-cognizable offence.

In cases of non-cognizable offence an NCR i.e Non-cognizable report is prepared by the police.

3. Investigation by the Police

After receiving information about criminal offence, the police starts its investigation as per the provisions laid down in the Criminal Procedure Code. The provisions in the code empowers the police officers to investigate into the offence as per the nature of the offence and also it has laid down procedure that is to be followed while carrying out the investigation.

The purpose of conducting investigation is for following reasons:

· Evidence

· Attendance of Witnesses

· Interrogation statement of the accused

· Statement of witnesses

· Expert opinion

4. Anticipatory Bail

When a person anticipates his arrest related to some offence that has been committed, he has a right to apply for anticipatory bail in the court by which he gets protection from being arrested in the offence that has been committed.

Anticipatory bail is only granted in cases where the offence is not serious one. The accused person does not have history of previous offences. He is reliable person who would not flee away during trial and cooperate at the time of investigation.

5. Arrest of the Accused

On having approval from the Magistrate in form of warrant, the police officers can arrest the accused in a non-cognizable case. But on the other hand an accused person can be arrested without a warrant in a cognizable case.

6. Production of accused to the Magistrate

Within 24 hours of arresting an accused person, the police officers are supposed to produce him before the Magistrate. It is a fundamental right of a accused person to be produced before the Magistrate within 24 hours of his arrest.

7. Remand

After arresting a person, if the investigation cannot be completed within 24 hours, in such cases, the police officers produce the accused person before the Magistrate for extension of police/judicial custody.

8. Closure Report

If no offence can be made out after investigating into an offence, then the person who is arrested relating to the offence is released and a closure report is filed.

9. Filing of Charge Sheet

When on investigation, it is discovered that an offence appears to have been committed, charge sheet must be filed. The charge sheet must contain all the charges leveled against the accused person.

10. Cognizance by Magistrate

Once the charge sheet is files, a Magistrate is empowered to take cognizance of such offence. A Chief Judicial Magistrate may empower and Magistrate of the second class to take cognizance of any such offence within his competence to try.

11. Service of Summon/Warrant

The court serves to summon or warrant to the accused person seeking its presence in the court. The purpose of sending summons and warrants is to compel the appearance of the accused person in the court.

12. Bail Application

On being arrested in connection to an offence committed, the accused person can file bail application before the concerned court. The procedure to obtain bail is different in bailable and non-bailable offences. The accused person can be granted bail only if he furnishes bond and sureties before the court.

The provision of bail in the CrPC is for securing justice as keeping a person in jail who is alleged to be an accused and taking away his fundamental right of free movement is against the law. Thus, by providing bail in cases where the accused person does not seem to have committed the offence or when the offence is of trivial nature ,the accused person does not have any antecedents relating to criminal offence, is ready to cooperate during investigation and not flee away.

13. Plea of Guilty/Not Guilty

Before the trial is commences, the court asks the accused person whether he pleads guilty or not guilty in relation to the offence he has been arrested. This provision has been inserted in the Criminal Law so the speedy delivery of justice can be made effective.

14. Commencement of Trial

The trial is said to commence when the case is posted for the examination of the witnesses. There are four types of trials

· Sessions Trial

· Warrant Trial

· Summons Trial

· Summary Trial

15. Stages of Evidence of Prosecution

The prosecution is supposed to prove the guilt of the accused person by examination of witnesses and evidences that are produced in the court. After the records and statements are taken into consideration, the accused through his advocate is given an opportunity to present his defence by producing evidences that may support his acquittal.

16. Final Arguments

After examination of all the evidences and other relevant facts and circumstances, the court decides the questions on which final arguments are to be made. Thereafter the prosecution and the defence counsel both present their arguments on the disputed issues.

17. Judgment

After the final arguments, it is on the court to decided whether to release the accused person or convict him. Also the quantum of punishment if convicted, grounds of conviction/acquittal etc. is to be decided.

The judgment given needs to be clear stating the grounds and facts for conviction/acquittal of the accused person.

18. Appeal

After the judgment is passed, the person who is aggrieved by the judgment mat file for an appeal. Once appeal is filed before the appellant court, the appellate court hears the arguments of both sides and then decides on merits if the appeal is maintainable or not.

19. Revision

The aggrieved person may alternately file a Revision petition to prevent a faulty judgment from being enforced.

20. Execution

The last stage is the execution of the order of the Court. The stage of execution is when all the remedies of appeal, revision etc. are exhausted and the decision is final.