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Friday, September 28, 2012

STAGES OF CRIMINAL TRIAL IN INDIA


The Process of a criminal trial in India is explained in a simple point by point wise manner. Without multiplying details, as this may complicate non-professionals understanding of the concept. Hope you find this article useful. 


1.REGISTRATION OF FIR


2.COMMENCEMENT OF INVESTIGATION and collection of evidence by investigation agency. During this time, at any stage decided by the investigating agency, accused persons can be arrested.


3. PRODUCTION OF ACCUSED before Magistrate, within 24hours of arrest


4. BAIL HEARING before appropriate court.


5. COMPLETION OF INVESTIGATION

    If the investigating agency sense a prima facie case is made out, chargesheet is filed in Court through the public prosecutor.


   If the investigating agency opines that no prima facie case is made out, a final report filed in Court.


6. 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.


7. DISCHARGE, if the Court feels the charges are groundless, will record the reason for doing so.


8. FRAMING OF CHARGE, if the Court is of opinion that there is ground for presuming that the accused had committed an offense.  


9. 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 pleads not guilty, the case is posted for trial.


10. RECORDING OF EVIEDENCE OF PROSECUTION

   Examination of prosecution witness by the public prosecutor, marking of exhibits and cross examination by defense counsel.


11. STATEMENT OF ACCUSED, as provided in section 313 of the Criminal Procedure Code, to enable the accused to personally explain any circumstances appearing in the evidence against him. 


12. DEFENCE EVIDENCE, if the defense wants to, it examines defense witnesses, who are cross examined by the public prosecutor, and exhibits defense evidence.


13. ARGUMENT, Public Prosecutor and the defense counsel present their arguments.


14. JUDGEMENT and sentence by the Court.

     Acquittal of accused, or

     Conviction, in which case

   Arguments of public prosecutor and defense counsel on sentence. Judgement of Court passing sentence.


   Application can be filed by the defense counsel for the suspension of sentence. 


   To offer surety if the sentence is suspended.

Prepared by: S. Hemanth
Email: legal@hemanthassociates.com


8 comments:

  1. Sir i have Filed a FIR under section 498a,420,DV act on 30/12/2013.but still there is no responce from the police,as the accused i.e, my inlaws stay in UAE,so what shud be my next step

    ReplyDelete
    Replies
    1. Hi afrin .. U should consult a lawyer of ur area first . u still have an option . please first make a complaint to the S.P. of the city in which u lodged the FIR. IF still no response would be given then go to the court and make an application under sec 156(3) . through this complaint the court shall order the police to lodge FIR and to make an investigation.

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  2. In many cities now you can register FIR online. Try that. Even you can send complaint through emails but ensure you have a genuine case in hand else courts dislikes abuse of law under 498a and DV act. Thanks Hemant for providing the info.

    ReplyDelete
  3. In many cities now you can register FIR online. Try that. Even you can send complaint through emails but ensure you have a genuine case in hand else courts dislikes abuse of law under 498a and DV act. Thanks Hemant for providing the info.

    ReplyDelete
  4. Very nicely explained.
    One suggestion to make, kindly let the text be copied so that one can get the photocopy of it which will help them in their concerned cases and people can recall the stages as and when required.

    ReplyDelete
  5. Hello, I am following the NithyanandaSwamy case in Ramanagara court- it is at the orders stage- being an American, I do not understand the indian court system- can someone explain what stage "orders" is - during a trial?

    ReplyDelete