Criminal prosecution develops
in a series of stages, beginning with Registration of complaint/FIR, an arrest
and ending at a point before, during or after trial. The majority of criminal
cases terminate when a criminal / accused accepts a plea alleged by the
prosecution. In a plea accused chooses to plead guilty before trial Court to the
charged offense(s), or to lesser charges in exchange for a more lenient sentence
or the withdrawal or dismissal of related charges by prosecution.
1. Registration of case
Normally a criminal case begins with registration of a criminal case. The Code
of Criminal Procedure, 1898 provides two different steps to move the criminal
machinery of the state into motion i.e by Registration of a First Information
Report (FIR) under section 154 Cr.P.C or Filing of a Direct Complaint before the
court of Magistrate under section 200 Cr.P.C, you may see these section in
detail in the Code.
2. Arrest or Bail
Criminal prosecution typically begins with an arrest by a police officer or
surrender of accused before court for bail or appearance on bail by police in
bailable offences. A police officer may arrest a person if (1) the officer
observes the person committing a crime; (2) the officer has probable cause to
believe that a crime has been committed by that person; in a cognizable offence
or (3) the officer makes the arrest under the authority of a valid arrest
warrant in a non-cognizable offence. In certain cases, the accused is taken into
custody prior to registration of FIR under memo of arrest. In these cases police
can keep custody for not more than 24 hours as provided under section 61 Cr.P.C.
If the offender has been booked in a bailable case then police can take bail and
direct accused to appear before the concerned court. In Non bailable case, the
accused shall be kept in custody and produced before the court under section 167
Cr.P.C for the purpose of remand to police or judicial custody.
Bail
Bail means to release the accused from custody to the hand of surety for his
appearance on date of hearing before the court and in case of absence of
accused, the surety shall be liable to forfeiture of surety amount. As discussed
above in bailable cases the police officer is authorized to take bail and direct
the accused to appear before the court. However in non bailable offences/cases,
the police is not authorized to take bail of the accused. Accused may approach
the concerned court for bail.
Supply of documents Charge etc
When accused is produced before the court having jurisdiction of trial of the
offence, the court shall provide documents to enable accused to reply the charge
framed by the court in consideration of the record/investigation conducted by
police. Where accused admits the plea of his guilt then the court may record
conviction or to proceed for recording evidence in serious cases.
Trial
Where court issues summons to prosecution / witnesses to prove the allegations
leveled against accused. the prosecution have to adduce sufficient evidence and
produce the document necessary for recording conviction to accused by the court.
The court may also hear the accused under section 342 Cr.P.C in view of evidence
recorded by the prosecution. If accused is willing to act as witness in his
defence or produce defence witnesses the court shall also examine accordingly.
After close of evidence of both sides the court may hear arguments of the
parties.
Acquittal/stop proceedings
In the cases where there are no chances of conviction or charge becomes
groundless, the court may record acquittal of accused at any stage. In
Magistrate courts, there is also provision of stopping proceedings under section
249 Cr.P.C in case where there is no change of the case to be proceeded in
absence of witnesses, in such case the accused is discharged but not acquitted.
Judgment
After hearing both parties, the court has to pass judgment keeping in view the
evidence and record. Where prosecution has proved its case beyond shadow of
reasonable doubt, the court may record conviction and in other cases, the court
may record acquittal.
Appeal/Revision
a. An individual convicted of a crime may ask that his or her case be reviewed
by a higher court, that is called appeal against conviction.
b. Where accused is acquitted, then aggrieved party/state/prosecution has also
been given right to challenge the judgement of acquittal under section 417
Cr.P.C before the High court.
c. In case of conviction, the prosecution has also been authorized to challenge
the conviction for enhancement of quantum of conviction or nature of sentence in
revisional jurisdiction of the higher court under section 439 and 439-A Cr.P.C.