Criminal Procedure in India
The Process of criminal legal advice is explained in a very simple way.Without multiplying the details as this may complicate non professional understanding of the concept.
REPORTING AN COMMI SSIONING OF AN OFFENCE:
The persons informing the police is called either informant or complainant and the persons against whom complaint is made are called suspect or accused based on the facts of the case.
Law enforcement investigates whether a crime has occurred and whether an arrest should be made.
Filing an FIR
The police, on receiving information, prepares a written document, known as a First Information Report (FIR). An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed.
WHAT TO DO IF THE FIR IS NOT REGISTERED
When the police refuse to register the FIR despite a specific complaint of cognizable offense, the complainant has the remedy to file an application under Section 156(3) of CrPC before the court of the magistrate on which the magistrate can issue directions to the police to register a FIR and investigate the matter.
The a cussed should be produced before Magistrate within 24 hours
If the offence reported is bailable , the police may admit the accused on bail subject to the terms and conditions imposed on him. If the offence reported is non-bail able then the police may either arrest the accused or may not arrest him if his custodial interrogation is not required.
COMPLETION OF INVESTIGATION
If the investigating agency sense a prima facie ca se is made at Charge sheet is filed in Court through the Public Prosecutor. If the investigating agency applies that no prima facie case is made at a final report filed in Court.
HEARING REGARDING CHARGE:
The Court upon considering the police report and the documents and after giving the prosecution and the accused an opportunity of being heard.
If the Court feels the Charge are groundless,will record the reason for decision.
Framing of Charges
If after considering the case and other important documents the accused is not discharged the next step taken by the court is framing of the charges.
CONVICTION ON PLEA OF GUILTY
If the accused pleads guilty,the Court shall record the plea and may at discretion convict the accused,the accused pleas not guilty,the case is posted for trial.
RECORDING OF EVIDENCE OF PROSECUTION
Examination of prosecution witness by the Public Prosecutor marking of exhibit and cross examination by the defence Counsel.
STATEMENT OF ACCUSED
As provided in section 313 of Cr.P.C to enable the accused to personally explain any circumstances appearing evidence against him.
If the defence wants to it examines defendant side witnesses,who are cross examined by the Public Prosecutor and exhibits defendant evidence.
Public Prosecutor and defence counsel for present their arguments
JUDGEMENT AND SENTENCE BY THE COURT
Acquittal of accused or conviction Arguments of Public Prosecutor and Defence Counsel on sentence. Judgement of Court passing sentence. Application can be filed by the defence counsel for the suspension of sentence.