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.
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
opines that no prima facie case is made out, a final report filed in Court.
6. HEARING REGARDING CHARGE
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
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.
Conviction, in which case
Application can be filed by the
defense counsel for the suspension of sentence.
To
offer surety if the sentence is suspended.
Excellent explanation
ReplyDeleteGood efforts and useful article
ReplyDeleteSir 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
ReplyDeleteHi 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.
DeleteIn 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.
ReplyDeleteIn 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.
ReplyDeleteVery nicely explained.
ReplyDeleteOne 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.
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