Code of Criminal Procedure

Introduction

The Criminal trials in India can be broadly categorized into three stages namely:

• Pre-trial stage
• Trial stage
• Post-trial stage

Pre Trial Stage

• Commission of an offence (cognizable or non-cognizable).
• Information to police.
  • Information of cognizable offence:
    • Under Section 154 of the Criminal Procedure Code, 1973, an FIR (First Information Report) is registered. FIR puts the case into motion. An FIR is information given by someone to the police relating to the commitment of an offence.
  • Information of non-cognizable offence:
    • In the case of non-cognizable offence NCR (Non-Cognizable Report) is registered by police under Section 155 of CrPC., but the police cannot start investigation or arrest the accused without the order of a Magistrate having power to try such case.
• Complaint to Magistrate.
  • Section 2 (d) of the CrPC defines the term complaint as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
  • The magistrate may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200 of CrPC.
  • Thereafter, if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203 of CrPC.
  • If in his opinion there is sufficient ground for proceeding, he may issue process under Section 204, of CrPC.
  • However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding under Section 202, Cr PC.
  • He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.
• Investigation by Police
  • Police conduct investigation for:
    • For collection of evidence.
    • Interrogation statement of accused.
    • Statement of witnesses.
    • Scientific analysis / opinion if required.
  • During this time, at any stage decided by investigating agency, accused persons can be arrested.
  • In case of cognizable offence police can start investigation after the registration of FIR, no prior approval of magistrate is necessary. But in case of non-cognizable offence, prior approval of magistrate is necessary to start investigation.
• Anticipatory Bail
  • Upon registration of FIR for cognizable criminal offence the accused may make an application for anticipatory bail in session court or high court. If anticipatory bail is granted then the accused cannot be arrested. If anticipatory bail is rejected then the accused can be arrested without warrant.
• Arrest of the Accused
  • In case of cognizable offence police can arrest the accused without warrant.
  • In case of non-cognizable offence prior approval of magistrate is necessary.
• Production of accused to magistrate
  • Within 24 hours of the arrest the accused shall be produced before a magistrate having jurisdiction to try such cases.
• Remand
  • Whenever an accused is arrested for any offence and police cannot complete investigation within 24 hours then such person is produced before a magistrate for seeking extension of police or magisterial custody.
• After investigation is completed
  • If investigating agency feels a prima facie case is made out, charge sheet is filed in Court through the public prosecutor.
  • If police feels that no prima facie case is made out, a final report filed in Court.
• Cognizance of Offence by Magistrate
  • After filling of charge sheet the next stage is taking cognizance of offence by magistrate under Section 190 of the CrPC.
  • Taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of offence.
• Service of summons/warrant to accused and process to compel appearance under chapter 6 of CrPC
  • The Court sends summons to the accused for appearance in the Court on the due date.
• Appearance of accused before court & engagement of advocate.
  • The accused appears before the court along with an Advocate of his choice to defend him and may seek bail if anticipatory bail is not taken.
• Filing bail application/ furnishing surety.
  • The accused moves an application for bail and once the bail is granted furnishes the required suety to the court as per the order.
• The decision is taken by the Court after hearing the public prosecutor and the counsel for defence.
  • On question of Charge sheet:
    • Court can reject charge sheet, in which case the accused is discharged, or
    • Court can accept that a prima facie case is made out, frame the charges, and post the case for trial. Case goes to next stage.
    • Court can accept the final report- case is closed and accused is discharged, or
    • Court can reject the final report, and direct the police to further investigate the case. Case goes back to the Stage of investigation, or
    • If the Court direct the case to be posted for trial. Case goes to next stage.
  • Framing Of Charge
    • After considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be tried.
  • Conviction on Plea of Guilty
    • If the accused pleads guilty, the court shall record the plea and may, at discretion convicts the accused.
  • If the accused pleads not Guilty
    • Case is posted for trial to begin the trial of the case and further proceedings.

Trial Stage

• Commencement of Trial
  • • Generally, trial of a case commences when the case is posted for examination of witnesses. Trial may be -
      • Sessions Trial
      • Warrant Trial
      • Summons Trial
      • Summary Trial
  • Prosecution Evidence
    • After the charges are framed, and the accused pleads guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused.
    • The prosecution is required to support their evidence with statements from its witnesses. This process is called "examination in chief".
    • The magistrate has the power to issue summons to any person as a witness or orders him to produce any document.
  • Statement of the Accused
    • Section 313 of CrPC gives an opportunity to the accused to be heard and explain the facts and circumstances of the case.
    • The statements of the accused are not recorded under oath and can be used against him in the trial.
  • Defence Evidence
    • An opportunity is given to the accused in a case where he is not being acquitted to produce so as to defend his case.
      The defense can produce both oral and documentary evidence.
    • Since the burden of proof is on the prosecution, the defense in general is not required to give any defense evidence until prosecution proves this case beyond reasonable doubts.
  • Final Arguments
    • Public Prosecutor and the defence counsel present their arguments.
  • Judgment and sentence by the Court
    • The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgment.
  • Arguments on Sentence
    • When the accused is convicted, then both sides are to present arguments on the punishment which is to be awarded.
    • However, when the sentence is pronounced in a summons case, the parties need not argue on the amount of punishment given. The sentence is the sole discretion of the judge.
  • Judgment of Court passing sentence
    • After the arguments on sentence, the court finally decides what should be the punishment for the accused.
    • While punishing a person, the courts consider various theories of punishment like reformative theory of punishment and deterrent theory of punishment.
    • Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.

Post-Trial Stage

• Appeal (within specified period of limitation)/Revision
  • Appeal can be filed by party aggrieved by judgment on acquittal / conviction /sentence.
  • On notice being issued to the opposite parties, arguments are placed before Appellate court by defence counsel and the public prosecutor.
• Revision Application
  • Where there is right of appeal provided but no appeal was filed then in its discretion the Sessions Court or the High Court can entertain a revision to prevent miscarriage of Justice occurred by the orders of the lower court.
• Judgment of the Appellate Court or Court having revisional jurisdiction
  • The Court having such powers can either overrule the lower court judgement or confirm the judgment pronounced by the lower court.
• Execution of Sentence
  • Finally, if the accused is convicted by all relevant courts and appellate authorities then he is confined to jail or fine is recovered, as the case may be.