Parts of Criminal Trial Process in India
Parts of Criminal Trial Process in India
Author : Somesh Saxena
Introduction
Criminal cases in India have to be filed under the Code of Criminal Procedure, 1973, It gives various processes of conducting a criminal case in India, Although there are various stages of Criminal Trial Process in India. Criminal Trial Processes have laws like Indian code, 1860, Code of Criminal Procedure, 1973, and Indian Evidence Act, 1872. In India, there are two main sorts of code: one is substantive code means IPC and also the second variety of code is procedural code means CrPC 1973 and IEA 1872. FIR Sec. 154- First Information Report is taken into consideration because the first stage of a criminal trial it’s one cognizable offence committed by someone FIR is formed by the guardian.
Commencement of Criminal Cases
Chargesheet- protector gives a police report under section 173 of CrPC is believed as a blotter, In K. Veeraswami V. Union of India defines that an investigating officer collects material and files within the court as a charge-sheet. a daybook is nothing but a final report of a politician under section 173(2) of CrPC. The report is completed if it has all the documents and statements of witnesses required under section 175(5) of CrPC.
Examination of Complainant- Magistrate taking the cognizance of an offence on complaint shall examine upon oath of the complainant and thus the witnesses present, the substance of such examination shall be reduced to writing and shall even be signed by the complainant and also the witnesses.
Supply of Copies to accused- Magistrate under Sections 207 and 208 of CrPC 1973, the statutory duty is cast upon them to furnish the copies of the record, In cases where the document is in large volume then the accused directly a reproduction that he will only be allowed to appear at them or through pleader within the court.
Framing of Charges– Framing of charges implies that the Court looks into the evidence collected by the peace officer so what are the fees under which the accused is charged. Also if the Judge finds that no offences against an accused is formed, then the accused is discharged from the case. On this basic requirement of a good trial in criminal jurisprudence is to allow precise information to the accused due to the accusation against him.
Legal Provisions of Criminal Procedure Code (CrPC)
• Section 211 and Section 212 specifies about Contents of Charge and mentioning of particulars on time and place of the alleged offence within the fees that are framed on the accused.
• Section 213 talks about; when the way of committing offence must be stated: When the character of the case is specified the particulars mentioned in sections 211 and 212 don’t give the accused sufficient notice of the matter with which he’s charged, the charge shall also contain such particulars on the way during which the alleged offence was committed as are visiting be sufficient for that purpose.
• Section 214 gives a rule for interpreting the words utilized within the charge: It provides that in every charge words employed in describing an offence shall be deemed to have been employed within the sense attached to them respectively by the law under which such offence is punishable.
Basic Procedure regarding charge & its trial
The initial requirement of an honest trial in criminal cases is additionally a certain statement of the accusation of the parties. The code seeks to secure this requirement, by laying down in Sections 211 to 214 of Criminal Procedural Code on what a charge should contain; next, stipulated in Section 218 of Criminal Procedural Code that for every distinct offence there should be a separate charge; and lastly, by laying down within the identical section that every charge should be tried separately, so as that what’s sought to be achieved by the primary two rules isn’t nullified by a joinder of diverse & unconnected charges.
Amendment/Alteration of charges
Section 216 (1) of the Criminal Procedural Code, any court may alter or increase any charge at any time before judgment is pronounced. The section has given comprehensive power to remedy the defects on the framing or non-framing of a charge, whether discovered at the initial stage of the trial or any subsequent stage before the judgment. The code gives ample power to the courts to vary or amend a charge whether by the court or by the court of appeals providing the accused possesses to not face a charge for a greenhorn offence or isn’t prejudiced either by keeping him within the dark that charge or in not giving a full opportunity of meeting it & insisting any defence hospitable him, on the charge finally preferred against him. The court contains an awfully wide power to vary the charge; however, the court is to act judiciously and to exercise discretion wisely. It mustn’t alter the charge to the bias of the accused person.
Conclusion
Criminal trial, the charge is that the inspiration of the accusation & every case must be taken to figure out that it is not only properly framed but evidence only tampers with relevancy matters put within the charge & not the choice matters. In framing a charge during a criminal trial, instituted upon a police report, the court is required to confine its attention to documents stated under Section 173. The judge must be only convinced that there’s a prima-facie case, where there’s not any necessity to adduce reasons for framing charges. However, the magistrate is required to place in writing down an order showing reasons if he decides to discharge the accused. The sections managing charge don’t mention who is to border the charge. The provisions handling different types of trials, however, provide that it’s often for the court to border the charge. The court may alter/ boost any charge at any time before the judgment is pronounced.
References
1- Bare Act Criminal Procedural Code, Indian Penal Code, Indian Evidence Act
2-www.indiankanoon.com
Parts of Criminal Trial Process in India
