Criminal proceedings in india

1
Criminal proceedings in India

• Presented by- Rikita
• Roll no. 2224
• Submitted to- Dr.Sapna Sharma

2
All about the various stages of criminal trial in
india
3
Crime Any act or omission which is prohibited by
law and is punishable by law is a crime.

• The procedure for such crime is decided by
  following procedure of criminal trial.
• The criminal trial in india is well established
  statutory, administration and judicial framework.
• The whole criminal law consist of three Main act
• Indian penal code,1860(IPC)
• Code of criminal procedure,1973(Cr.P.C)
• Indian evidence act,1872(IEA)

4

• Cr.P.C-is the procedural law for conducting a
  criminal trial in india.the procedure include the
  manner for collection of evidence, examination of
  witness, interrogation of accused,arrest ,
  safeguard and procedures to be adopted by the
  police and court.
• IPC-is the primary penal law of India which
  applies to all offence.
• IEA-is a comprehensive treaty on the law of
  evidence which can be used in the trial.

5
Types of offences

• Bailable offence- offence in which bail can be
  granted by the law.
• Non bailable offence offences in which bail
  cannot be granted.
• Cognizable offence offences in which a police
  officer can arrest a person without warrant.
• Non cognizable offence in which the police
  officer cannot arrest without a warrant from the
  magistrate.
• WARRANT CASE where the offence is punishable with
  death,life imprisonment or imprisonment for more
  than two years.
• SUMMON CASE where the offence is punishable with
  imprisonment of less than two years .

6
Hierarchy of Indian judiciary system
7
1.Commission of offence 2.a)information to
police.b) complaint to magistrate

• Police identify wether the offence is cognizable
  or incognizable
• For the cognizable Offence FIR Must be registered
  and for the noncognizable NCR (Non Cognizable
  Report )
• Now the police investigate the case .
  Investigation include
• 1.Collection of evidence
• 2.Statement of witness
• 3.Interrogate the accused
• Investigation is completed by the police
• If offence is not committed by the accused then
  case closure is filed ,if offense Is committed by
  accused then police will arrest the accused.

8

• After, arrest production of accused to magistrate
  with in 24 hour.
• The accused kept in police custody or in judicial
  custody.
• Charge sheet (A final report prepared by the
  investigation or law enforcement agency for
  proving the accusation of a crime in a criminal
  court of law).
• Chargesheet is filled before the presenting the
  accuse to magistrate.

9
Trials

• Trials process in a court of law where a judge
  listen to evidence and decide if somebody is
  guilty of a crime or not.
• Session court ?? framing of charge??if the
  accused plea not guilty ??prosecution evidence ??
  statement of the accused ?? examine in
  chief,cross examination,re- examination ??final
  argument ?? judgement and sentence by the court.
• AQUITTAL OR CONVICTION .

10

• Thank you