HOW IS A CRIMINAL PROCEEDING INITIATED For every different type of Criminal proceeding a separate procedure is involved. However in general, a brief procedure, as to how a criminal case commences, is as follows: COMPLAINT (154) 1.The fist step for initiation of any Criminal case is the complaint. 2.The victim is called a complainant, and complainant should lodge his complaint to the police station of that area, where the offence has been committed, or where he resides. A complaint can be on behalf of the victim also. 3.Generally, the complaint should be lodged within 24 hour of the commission of offence. However, the limitation time is different for some offences. THIS COMPLAINT CAN BE TREATED AS F.I.R BY THE POLICE OFFICER I.E. FIRST INFORMATION REPORT ON RECEIPT OF INFORMATION (155). 1.On receipt of such information, the concerned police officer shall record the information in writing and the person giving information shall sign it. IN CASE OF NON COGNIZABLE OFFENCE 1.In case of receipt of information pertaining to Non-Cognizable offence the police officer will have to take permission of the Magistrate. 2.The Magistrate may either quash the information or grant power to investigate. 3.On receipt of orders to investigate from the Magistrate, the police officer shall start the investigation. IN CASE OF COGNIZABLE OFFENCE In case of information received, in any cognizable offence, the Police officer shall/can start the investigation without any permission/order from the Magistrate. INVESTIGATION 1.The investigation in respect of Cognizable offence, and order to investigate in non-cognizable offence shall commence on the same line. The only difference is that, in case of cognizable offence, the police officer can arrest without warrant, during investigation. In case of non-Cognizable offence, the police officer will have to apply for warrant from Magistrate, for making any arrest. 2.Even in respect of cognizable offence, the police officer shall send a report to the Magistrate. 3.During the course of investigation the Police Officer may acquire any other person, to appear, and be examined as witness. 4.Any such statements made by the witness, including the complainant, shall be recorded in writing. 5.Such statements, which are recorded, should not be signed by the person making a statement, and such statements, shall only be used for the purpose of further investigation. 6.Also, these statements can be used as evidence, in trial, only with the permission of the magistrate. 7.While the statement is being recorded, the police officer shall not cause any threat inducement or any promise, to the witness. 8.A metropolitan Magistrate or a judicial magistrate can also record any confession or statement of any witness, during the course of trial. SEARCH AND PRODUCTION OF DOCUMENTS 1.If, the police officer believes that, some search has to be made, during investigation, he is authorised to do so. 2.He can also issue, an order to the person, to produce any relevant documents. 3.If, during search, the police officer is of the opinion that, any one might cause or refuse to search a place or property, then the police officer can obtain a search warrant from the magistrate of that area. 4.On conducting the search if police officer finds some things useful for the trial or 5.Further investigation, then police officer can take such Articles in his possession ARREST DURING INVESTIGATION 1.Where, the Accused is arrested by the police officer, during investigation; he shall have to be produced before a Magistrate within 24 hours. 2.Where, the period of investigation extends beyond, 24 hours, and the investigation has revealed sufficient grounds against the accused, then if he is still in the custody, the concerned police officer shall produce the accused before the Magistrate alongwith copy of the entries made in diary during investigation. 3.The Magistrate may either order for release of the Accused till investigation or order for further detention. 4.In case of further detention, the Accused shall have to be brought before the Magistrate every fifteen days. DURING SUCH DETENTION PERIOD, THE ACCUSED CAN APPLY FOR BAIL. 1.If during or after investigation, the police officer comes to a finding, that there is not sufficient evidence to produce the accused before Magistrate, then such accused shall be released on executing a bond. 2.However, if required by Magistrate he will have to appear on such date and time as directed. 3.On the other hand, if police officer comes to a finding that the case is fit for trial, he shall forward the accused under custody to the Magistrate, to take cognizance. ON COMPLETION OF INVESTIGATION TRIAL 1.On receipt of the police report, the Magistrate shall take cognizance of the case, and proceedings shall be initiated. SUMMONS 1.If, the Accused is already under custody, then he shall be produced before the Magistrate on the date of hearing. 2.If, he is not in custody, then summons shall be issued to him, to appear before the Magistrate. 3.If required, summons shall also be issued to any witness to appear on the date fixed for hearing. DATE OF HEARING 1.On the date of hearing, the police officer/report shall be represented by Public Prosecutor. He shall present his case on the basis of investigation and police report. On that day the accused may be heard or given some time to set up his defence. EVIDENCE 1.All the material collected by Police officer during investigation shall also be produced. 2.On the dates fixed for evidence, the witnesses will be examined and cross-examined. 3.Both, the public prosecutor and the accused shall have right to produce their own witnesses, and material things. FINAL ORDER 1.On the date fixed for final hearing, the Magistrate shall pass the order after considering, the evidence produced, and having heard the parties. 2.The order passed may either acquit or convict the accused. 3.With this final order, the criminal trial comes to an end.
Posted on: Wed, 12 Mar 2014 13:54:40 +0000
Trending Topics
Recently Viewed Topics
© 2015