STAGES OF CRIMINAL TRIAL // Asit Kumar Roy / Advocate
Normally a Criminal
Trial has to travel through main stages from the lodging of F.I.R. till its
judgment, they are as under :-
1. FIR :- Any person can launch prosecution against
the person committing any legal wrong. A complaint can be lodged orally or
reduced in to writing before the police station within whose jurisdiction an
offence is committed. The Police Officer in-charge of the police station
considers the complaint and registered.
(i) Duty officer should
receive the complaint and give receipt copy to the complainant with D.D. No.
after endorsement of DD Entry in the
Daily Diary register.
(ii) Duty officer sent the complaint to reader of
SHO for marking to some police officer for investigation (I.O. in short).
2. Inquiry and Investigation :- Investigation
Officer after the receipt of the complaint under section 154 of the Code of
Criminal Procedure, and matter is taken up for the investigation.
2-A. If the Police
Officer in-charge does not found any material in the complaint then he can
register the complaint under section 155(2) of Code of Criminal Procedure and
issues a receipt thereof to the complainant. No action shall be taken by I.O. in
case of non-cognizable offence without
permission of the Court.
(i)
During the investigation, I.O./police officer in-charge can search, seize the material from the
possession of accused, or elsewhere kept by the accused. ( See Section 27
of Evidence Act )
(ii)
I.O. shall make Arrest Memo and Personal Search Memo at the time
of Arrest.
(iii)
Take the signatures of witnesses on those Memos.
(iv)
I.O. shall disclose the reason of arrest and also inform the
family of the accused about Arrest of the accused.
(v)
Only lady police can arrest the female accused.
3. Upon registering
the F.I.R. and during investigation, a Police Officer can arrest the suspect
and took him for remand. Soon after the arrest the accused has to be produced
before the Magistrate within 24 hours
from the time of his arrest, for authorizing further detention as contemplated
under section 57 of Code of Criminal Procedure.
4. The Police
Officer in-charge can ask for Police Custody of the accused under section 167
of Code of Criminal Procedure if the investigation cannot be completed within
24 hours. (See Sec 57 of Cr.P.C.)
5. The magistrate
considering the application can grant Police Custody to the accused which shall
not be more than fifteen days in the
whole.
5-A. If the
magistrate does not fit it proper to grant police custody then the accused is
taken in Magisterial Custody. (See Sec 167 of Cr.P.C.)
6. Soon after the
MCR, an accused can apply for grant of Bail, within the provisions of section
436, 437 and 439 of Code of Criminal Procedure.
7-A. Duty of Investigation officer :Record
statement of witnesses U/s 161 Cr.P.C., collect material evidences and seal
them for FSL report, record statement of victim/complainant, Took injured for
medical examination/ post mortem (as per requirement), Arrest the accused and
conduct his personal search, make arrest memo, record his disclosure statement,
arrest co-accused by the help of accused and make recovery if any, make side
plan, take photos, send Rukka to police
station for registration of FIR, maintain diary and memos in writing on
every activities with signature of other police officials/witnesses present
there …. etc.
7B. Police officer /
I.O. can call any sound person (aged from 15 to 65yrs) by issuing written
Notice Under Section 160 Cr.P.C. for joining the investigation.
8. After the
completion of investigation, if the police officer found incriminating
substance and prima facie case is made out, then he put up charge sheet against
the accused. If the offence is punishable with death, life or not less than 10
years, then charge sheet is to be filed within 90 days. Whereas the offence is punishable less than 10 years then
charge sheet is to be filed within 60
days. ( See Section 167 (2) (a) (i) and (ii) of Cr.P.C. ( Failing which the offences will be
bailable under section 167 (2) of Code of Criminal Procedure)
8-A. Upon receipt of
charge sheet under section 173 of Code of Criminal Procedure, the court can
either accept the charge sheet and put the accused to trial or reject the
charge sheet and discharge the accused.
8-B. If upon the
completion of investigation, the police officer does not found any prima facie
case, then he can file a final report requesting a discharge of accused.
8-C. Upon receipt of
the final report, the magistrate can
either direct the police officer to re-investigate and file report or can issue
notice to the complainant for hearing upon the final report requesting the
discharge of accused.
8-D. If the
complainant does not satisfy with the final report requesting discharge of
accused, he can request for treating the same as Protest Petition and try the accused independently.
9. On acceptance of charge sheet, the accused has to take
necessary bail from the court and mater is posted for plea or charge as the
case may be. Whenever the offence is punishable with two years of punishment,
then such cases are called as summons case and tried as summary trial within
the exception of section 260 of Cr.P.C. and the rest of the matters are tried
as summons case. (See Section 239, 240 and 251 of Cr.P.C.)
10. On complying
section 251 or 240 as the case may be, the matter is posted for evidence of the
prosecution witness. (See section 242 and 254 of Cr.P.C.)
11. Sometimes prior
to commencement of evidence of
prosecution the prosecution issues notice under section 294 of Cr.P.C. to
admit documents to the accused. By this way the evidence of the witnesses for
which the document is admitted is curtailed during the trial.
12. Whenever the
evidence is to be recorded, the court has to record the evidence as provided
under section 274 of Cr.P.C. for summons case and section 275 of Cr.P.C. for
warrant case. For summary trial u/s 260 of Cr.P.C. the evidence is recorded as
provided under section 263 of Cr.P.C.
13. After recording
the evidence, the matter is posted for statement
of accused (without Oath) under
section 313 of Cr.P.C, wherein the incriminating evidence brought against the
accused is explained to the accused.
14. Thereafter the
matter is posted for evidence of the
defense if any. If the accused does not desire to adduce his own evidence
or any other evidence in his defense then matter is posted for Arguments. (See Section
314 of Cr.P.C. for arguments )
15. After the
completion of arguments the matter
is posted for judgment. If there is a judgment of acquittal in summons case
then it is to be given under section 255(1) of Cr.P.C. and conviction under
section 255(2) of Cr.P.C.
16. Similarly the judgment of acquittal in warrant cases
are given under section 248(1) of Cr.P.C. and conviction under section 248(2)
of Cr.P.C.
17. If the
conviction is given, then the copy of the judgment is to be provided to the
accused forthwith free of cost.
18. In case of
sentence the magistrate is empowered to pass the sentence up to three years and
fine not exceeding Rs. 10,000/-. Similarly the CJM can pass sentence up to 7
years. ( see Section 29 of Cr.P.C.)
19. The sentence of
imprisonment in default of payment of fine can be given not exceeding 1/4th of
the sentence which magistrate can inflict as punishment. (See Section 30 of
Cr.P.C.)
20. The magistrate
can also award compensation to the
complainant while recording the judgment of conviction. ( See Section 357(1)
and 357 (2) of Cr.P.C.)
21. If the accused
has undergone any detention during the period of investigation and trial then
while convicting him, a set off can be given under section 428 of Cr.P.C.)
22. Upon conviction,
accused can request for suspension of
sentence (generally said Bail) under section 389 (3) of Cr.P.C.
23.
In view of section 437-A of Cr.P.C. accused has to submit bail bonds to appear
before the next appellate court.
ASIT KUMAR ROY
ADVOCATE
LEGUM CONSULTANTS
0-8802888820
WWW/LEGUMCONSULTANTS.COM
asitroyadvocate@gmail.com
