FIR, ARREST, AND TRIAL PROCEDURE

Any act or omission which is denied by law and is punishable by law is a Crime. The punishment for such crime is chosen by following systems of a criminal trial. The criminal trial in India is settled statutory, administrative, and judicial structure.

INTRODUCTION

The entire criminal law comprises of three fundamental acts –

• Indian Penal Code, 1860

• Code of Criminal Procedure, 1973

• Indian Evidence Act, 1872.

Code of Criminal Procedure is the procedural law for directing and conducting a criminal trial in India. The system incorporates the way for the collection of proof or shreds of evidence, chief and cross-examination of witnesses and the accused, arrests, shields and technique to be adopted by Police and Courts, bail, the process of the criminal trial, a strategy for conviction, and the rights of the accused of a reasonable trial by principles of natural justice.

Indian Penal Code is the essential penal law of India, which applies to all offenses. Indian Evidence Act is a thorough, treaty on the law of evidence, which can be utilized in the trial, the way of production of the evidence or proof in a trial, and the evidentiary value or worth that can be attached to such evidence or proof.

Cognizable offense

Cognizable offenses are serious. In a Cognizable offense, the police can arrest an individual without a warrant. A cognizable offense is characterized under Section 2 (c) of the Criminal Procedure Code. It is intimated to the police that any offense which is cognizable in nature has been committed in its Jurisdiction, the police will register an FIR under section 154 of the Criminal Procedure Code. A cognizable offense is an offense which is punishable with imprisonment for 3 years or more.

Non Cognizable offense

Non Cognizable offenses have been characterized under section 2 (I), of Cr.PC. as an offense. In these kinds of offenses, the police can arrest the individual without a warrant. There are punishable with detainment for under 3 years or with a fine. In a non-cognizable offense, before beginning the investigation the permission of the judge is required.

KINDS OF CRIMINAL TRIAL

As indicated by the Code of Criminal Procedure, a Criminal Trial is of three kinds. Depending on the kind of criminal trial the various stages of a criminal trial are as follows

1. WARRANT TRIAL

2. SUMMON TRIAL

3. SUMMARY TRIAL

WARRANT CASES

As indicated by Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which identifies with offenses Punishable with death, imprisonment for life, or imprisonment for a term which is more than two years. The trial in warrant cases begins either by the filing of an FIR in a police station or by filing a complaint before a magistrate. Afterward, if the officer is satisfied that the offense is punishable for more than two years, he sends the case to the sessions court for trial. The process of sending it to the session's court is designated to commit it to the session’s court.

Significant Characteristics of a Warrant case are:

• Charges must be mentioned in a warrant case

• The individual appearance of the accused is required and it is mandatory

• A warrant case can't be changed over into a summons case

• The accused can examine and question the witnesses more than once.

• The Magistrate should guarantee that the provisions of Section 207 are.

Section 207 of Criminal Procedure Code 1973, incorporates the supply of copies, for example, police report, FIR, statements recorded, or some other significant document to the accused.

The stages of trial in warrant cases are given from Section 238 to Section 250 of the Code of Criminal Procedure, 1973. Various Stages of Criminal Trial in a Warrant Case when initiated or instituted by the police report.

STAGES IN THE TRIAL OF WARRANT CASES

1. First Information Report: Under Section 154 of the Code of Criminal Procedure, an FIR or First Information Report is enlisted. FIR starts off the case. An FIR is information given by somebody aggrieved to the police identifying with the commitment of an offense.

1. Investigation: The following stage after the filing of FIR is the investigation by the investigating official. A conclusion is made by investigating officials by inspecting facts and conditions, gathering evidence, analyzing different persons and taking their statements in writing and the wide range of various advances important for finishing the investigation, and afterward that conclusion is filed to the officer as a police report.

1. Charges: If after considering the police report and other significant documents the accused isn't released then the court outlines charges under which he is to be trialed. In a warrant case, the charges should be outlined in writing and should be recorded as a hard copy.

1. Plea of Guilty: Section 241 of the Code of Criminal Procedure, 1973 discusses the plea of guilty, after outlining the charges of the accused is allowed a chance to confess, and the obligation lies with the judge to guarantee that the plea of guilty was deliberately made. The judge may exercise his discretion and convict the accused.

1. Prosecution Evidence: After the charges are outlined, and the accused pleads, then the court requires the prosecution to produce and deliver evidence to prove them guilty of the accused. The prosecution is required to support their proof with statements from the witnesses. This process is designated chief examination. The magistrate has the power to give the summons to any individual as a witness or orders him to produce any document.

1. Statements of the Accused: Section 313 of the Criminal Procedure Code provides an opportunity for the accused to be heard and clarify current facts and conditions of the case. The statements of the accused are not recorded after swearing to tell the truth and can be utilized against him in the trial.

1. Defense Evidence: An opportunity is given to the accused and a case where he isn't being acquitted to produce to protect his case. The defense can deliver both oral and documentary evidence or proof. In India, since the burden of proof is on the prosecution so the defense, as a rule, isn't required to give any evidence on the behalf of the defense side.

1. Judgment: An official conclusion of the court with reasons given in the supports of the acquittal or conviction of the accused is known as judgment. If the accused is acquitted, the prosecution is offered time to appeal against the order for the court. When the individual is sentenced,t the two sides are welcome to give contentions and arguments on the punishment which is to be granted. This is normally done when the individual is sentenced for an offense whose punishment is life imprisonment or the death penalty.

SUMMON CASES

As per Section 2(w) of Code of Criminal Procedure, 1973, Those cases in which an offense is punishable with imprisonment of fewer than two years is a summon case. A summon case doesn't need the method for the preparation of the shreds of evidence. Summon case can be changed over into a warrant case by the magistrate if in the wake of investigating the case if he feels that the case isn't a summon case.

Significant points about Summons case

• A summon case can be changed over into a warrant case.

• The individual who is accused need not be available personally.

• The individual accused should be informed about the charges orally. No requirement for outlining the charges as a hard copy.

• The accused gets a single opportunity to cross-examine the witnesses.

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• The various stages of the criminal trial in a summon case are given from Section 251 to Section 259 of the Code of Criminal method.

STAGES OF CRIMINAL TRIAL IN A SUMMON CASE

1. Pre Trial: In the pre-trial stage, the process, for example, recording of FIR and investigation is conducted or directed.

1. Charges: In summon trials, charges are not outlined and recorded in writing. The accused appears under the steady gaze of the court or is brought before the watchful eye of the court then the Magistrate would orally express current facts of the offense he is answerable.

1. Plea of Guilty: The Magistrate after expressing current facts of the offense will inquire as to whether he pleads guilty or he has any defense to support his case. If the accused pleads guilty, the Magistrate records the statement in the expressions of the accused beyond what many would consider possible and may convict him on his discretion.

1. Plea of guilty and absence of the accused: In cases, where the accused needs to plead guilty without appearing in the court, the accused should send Rs.1000/ - by post or through a courier legal counselor to the Magistrate. The absentee should likewise send a letter containing an acknowledgment of guilty and the amount of fine as given in the summoning. The Magistrate can exercise his discretion and convict the accused.

1. Prosecution and Defense Evidence: In summons case, the strategy followed is extremely basic, and elaborate procedures are eliminated. If the accused doesn't plead his guilty, then the process of the trial begins. The prosecution and the defense are generally asked to produce evidence the supports their cases. The Magistrate is additionally engaged to take the statement of the accused.

1. Judgment: When the sentence is pronounced in a summons case, the parties need not contend on the amount of punishment given. The sentence is the complete discretion of the judge. If the accused is acquitted, the prosecution has the right to appeal. This right to appeal is likewise available to the accused.

SUMMARY TRIAL

Cases which for the most part take just a couple of hearings to Decide the issue and for the matter to be settled by the Judges go under this classification. The summary trial is reserved for little or petty offenses to decrease the burden on courts and to also save resources like time and money. Those cases in which an offense is punishable with imprisonment of not beyond 6 months can be attempted in a summary way. The significant point is that, if the case is being attempted in a summary way, an individual can't be granted a punishment of imprisonment for more than 3 months.

The procedure for trial in a summary case is given from Section 260 to Section 265 of the Code of Criminal Procedure 1973.

STAGES OF CRIMINAL TRIAL IN SUMMARY CASES

• The procedure that is followed in the trial of summary cases is like summons-case.

• Imprisonment as long as 3 months can be passed.

• In the judgment of a summary trial, the judge should record the substance of the evidence or proof and a short explanation of the finding of the court of law with reasons.

CONCLUSION

In every civilized society, the essential function of the criminal justice framework is to protect the members of that society. The Justice framework in this regard is a formal instrumentality approved by the citizens of the country to ensure their group and personal rights. Another obligation of any system of administration of criminal justice is the maintenance of law and order in the Country. Since crime and disorder disrupt the stability of the general public. Subsequently, we have vested the Criminal Justice Framework with the authority to act as a means by which the existing order is maintained. The Criminal Justice administration includes police, courts, and correctional machinery. The police are answerable for controlling crimes maintaining peace and act as an investigating agency. The courts are the punishing and prosecuting agencies in the Criminal Justice Framework. The Correction is standardizing the action of the criminal and rehabilitating into full and valuable participation in society.

The Criminal Justice Framework works through certain criminal law, rules, and guidelines, which are intended to direct criminal justice in the nation through its Criminal Justice Framework

Author- GAURAV PUROHIT

BBA LLB 5 TH SEMESTER

AMITY UNIVERSITY RAJASTHAN

REFERENCES

• https://shodhganga.inflibnet.ac.in/bitstream/10603/7839/18/18_chapter%208.pdf

• https://www.mondaq.com/pdf/clients/318472.pdf

• https://blog.ipleaders.in/all-about-the-various-stages-of-criminal-trial-in-india/

• https://bnblegal.com/article/stages-of-criminal-trial-in-india/

• https://www.lexology.com/library/detail.aspx?g=7e8a100a-6593-414f-a2e3-b70fcd13b016