INVESTIGATION AND TRIAL OF OFFENCES

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INVESTIGATION AND TRIAL OF OFFENCES
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INVESTIGATION OF OFFENCES
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Investigation

• F.I.R- Information of the commission of
  cognizable offence given to the officer-in-charge
  of the police station having jurisdiction to
  investigate the offence.
• Officer-in-charge of the police station conducts
  investigation
• Files police report or charge sheet along with
  statements recorded and evidence collected before
  the Magistrate having jurisdiction to try the
  case.

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• If no enough material is found to file a charge
  sheet against the accused, the officer has to
  send a report to that effect to the Magistrate
  and release the accused on bail.
• Information regarding non-cognizable offence,
  when given has to be entered in the station diary
  and informant referred to the Magistrate.
• Police officer has to maintain a case diary to
  record the progress of the case investigated by
  him on day-to-day basis.

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• If the police officer refuses to register a case,
  information can be sent to the Superintendent of
  Police in writing by post.
• Information regarding the commission of an
  offence may be given in the form of a complaint
  to the Magistrate, having jurisdiction to try the
  case.

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Bail

• Bail Security for appearance before the court
  for trial or examination when required.
• Bail mandatory in bailable offences.
• Bail mandatory in nonbailable offences
• When investigation is not completed within the
  stipulated period
• When trial is not completed within the stipulated
  period
• After trial, no ground to hold him guilty.

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• Bail Discretionary in the other cases.
• Factors to be taken into consideration
• Gravity of the charge
• Nature of evidence against accusation
• Danger of evidence being tampered
• Likelihood of accused fleeing from justice
• Opportunity to prepare defence
• Health, age and sex of the accused.

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Anticipatory Bail

• Anticipatory bail Person having reason to
  believe that he may be arrested for a nonbailable
  offence may apply to the High Court or Sessions
  court for anticipatory bail.
• Factors to be taken into consideration
• Antecedents of the applicant, nature and gravity
  of accusation, possibility of fleeing from
  justice, whether accusation is made to humiliate
  the applicant.

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• Magistrate can take cognizance of a case
• Upon a complaint
• Upon a police report
• Upon information given by any person other than a
  police report
• Upon his own knowledge

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• Compelling appearance of person processes
• Summons, Warrant of arrest
• Proclamation and Attachment of property
• Compelling production of things processes
• Summons, Search with warrant
• Search without warrant and Seizure

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TRIAL OF OFFENCES
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CONCEPT OF FAIR TRIAL

• Adversary system of criminal trial
• Presumption of innocence of the accused
• Independent, impartial and competent judges to
  try the accused in open court
• Venue of the trial
• place where offence is committed
• Right of the accused to know the accusation
• Framing of charges

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CONCEPT OF FAIR TRIAL

• Right to be defended
• Right to legal aid
• Evidence to be taken in the presence of the
  accused
• Right of cross-examination of prosecution
  witnesses
• Right to produce evidence in his defence
• Right to speedy trial

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TRIAL OF OFFENCES

• FOUR types of trails
• Trial by Court of Session
• Trial of Warrant cases
• Trial of Summons cases
• Summary Trial

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TRIAL - Court of Session

• Cannot take cognizance of an offence on its own
• Case has to be committed to it by a Magistrate
  taking cognizance

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TRIAL Summons cases and Summary trials

• Accused is informed of the accusation made
  against him
• If he pleads guilty
• He may be convicted
• If he pleads not guilty
• Evidence of the prosecution and the defence is
  taken
• Based on these, accused is
• Acquitted or
• Convicted of the offence

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PROCEDURE FOR TRIAL

• Accused is brought before Magistrate
• Magistrate to ensure that all documents and
  police report are furnished to him
• Magistrate to
• Examine the material placed
• Hear the prosecution and the accused
• If Magistrate feels that charges leveled are
  groundless
• Discharge the accused

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PROCEDURE FOR TRIALS

• If Magistrate feels that charges leveled are not
  groundless
• Frames charges
• Explains the charges to the accused
• Asks him if he pleads guilty OR
• Fix date for examination of prosecution witnesses
  and summon them
• Examine the prosecution witnesses on date fixed
• Summon the defence witnesses and take their
  evidence

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PROCEDURE FOR TRIALS

• After considering all the evidence,
• if Magistrate feels that the accused is not
  guilty
• Acquit him
• if Magistrate feels that the accused is guilty
• Convict him
• Give a hearing to accused on sentence
• Release him on probation if permitted by law or
• Pass a sentence

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Any Questions ?
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