Navigating the world of criminal law can feel overwhelming, especially when faced with the intricacies of the legal process. In India, criminal cases follow a detailed framework shaped by key legislation that has recently undergone significant changes. The Indian Penal Code (IPC) has been replaced by The Bharatiya Nyaya Sanhita, 2023, while the Code of Criminal Procedure (CrPC) has given way to The Bharatiya Nagarik Suraksha Sanhita, 2023. Similarly, the Indian Evidence Act has been updated with The Bharatiya Sakshya Adhiniyam, 2023. Together, these laws form the backbone of criminal proceedings, guiding every step—from the moment an offense is committed to the final enforcement of the court’s orders. This guide simplifies the criminal justice process, breaking down complex legal concepts into clear and accessible language, so anyone can understand how justice is served in India’s courts.
The Foundation of Criminal Proceedings
- Indian Penal Code (IPC):(now it is THE BHARATIYA NYAYA SANHITA, 2023) The IPC outlines the definitions of various crimes and the punishments associated with them. It serves as the primary source of substantive criminal law in India.
- Code of Criminal Procedure (CrPC):(now it is THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023). The CrPC provides the detailed process for the investigation, trial, and appeal in criminal cases. It acts as the backbone of criminal procedural law in India.
- Indian Evidence Act:(now it is THE BHARATIYA SAKSHYA BILL, 2023). This act governs the admissibility of evidence in both civil and criminal proceedings, setting standards for what evidence is considered legally acceptable.
🔍 Recommended Reading
For readers who want to delve deeper into the latest changes in Indian criminal law, we highly recommend exploring these comprehensive cross-reference guides:
- 📌 “IPC to BNS” Cross-Reference Section Index of Bharatiya Nyaya Sanhita 2023 (BNS) and Indian Penal Code (IPC) - A detailed comparison between the IPC and the newly introduced BNS.
- 📌 BNSS and CRPC Comparison and Cross-Reference Section Index - A thorough cross-reference of the BNSS with the Criminal Procedure Code (CrPC).
Key Stages of Criminal Proceedings
1. Commission of an Offense:
This is the starting point of any criminal proceeding, where an alleged crime is committed.
2. Information to Police
Upon learning about a crime, individuals can report it to the police. The nature of the offense dictates the police’s response:
Cognizable Offenses
For serious crimes (punishable by three years or more), the police can file a First Information Report (FIR) under Section 154 (now 173 of BNSS) of the CrPC and arrest the accused without a warrant.
Non-Cognizable Offenses
In less severe cases, the police require a warrant to arrest and can only register a complaint under Section 155 (now 174 of BNSS).
3. Arrest
The police can arrest someone without a warrant for cognizable offenses. For non-cognizable offenses, a warrant from a magistrate is needed.
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4. Production Before a Magistrate
Section- 187 of BNSS Post-arrest, the accused must be presented before a magistrate within 24 hours, safeguarding the individual’s fundamental rights.
5. Remand
If the investigation exceeds 24 hours, the accused may be placed in police or judicial custody upon a magistrate’s approval for a specified period.
6. Investigation
The police have the authority to investigate cognizable offenses without a magistrate’s order (Section 156)(now section 175 of BNSS). The investigation aims to collect evidence, witness statements, and any other relevant information to determine whether a crime has been committed.
7. Closure Report or Charge Sheet
Depending on the investigation’s outcome, the police may file a closure report if no offense is found or a charge sheet under Section 173 of the CrPC (now section 193 of BNSS) outlining the charges against the accused.
8. Cognizance of Offense
A magistrate reviews the charge sheet and decides whether to proceed with the trial.
9. Plea of Guilt
(Section-253) ( now section 275 & 276 of BNSS) Before the trial starts, the accused is asked to plead guilty or not guilty. A guilty plea can lead to immediate conviction and sentencing.
10. Trial
The trial phase involves the examination of evidence and witnesses. The prosecution must prove the accused’s guilt beyond a reasonable doubt through various stages of evidence presentation.
Sessions Trial:
A trial conducted for serious offenses punishable with imprisonment for more than seven years. Governed by Chapter XXVIII of the CrPC(now BNSS), including:
- Section 204(1)a: (now section 227 of BNSS) Summoning of accused by Sessions Court.
- Section 228:(now section 251 of BNSS) Framing of charges.
- Section 231:(now section 254 of BNSS) Evidence for prosecution.
- Section 234:(now section 257 of BNSS) Arguments and judgment.
Warrant Trial:
Trial conducted when the accused is arrested based on a court-issued warrant. Procedure outlined throughout the CrPC, including:
- Section 204: (now section 227 of BNSS) Issue of summons or warrant for accused.
- Section 209:(now section 232 of BNSS) Commitment of case to Sessions Court.
Summons Trial:
Trial conducted when the accused is summoned to appear without arrest. Procedure similar to warrant trial, including:
- Section 204: (now section 227 of BNSS) Issue of summons or warrant for accused.
- Section 250:(now section 273 of BNSS) Procedure for certain cases.
Summary Trial:
Expedited trial for less serious offenses. Governed by Sections 260 to 265 of the CrPC, including:
- Section 260:(now section 283 of BNSS) Power of Magistrate to try cases summarily.
- Section 262:(now section 285 of BNSS) Procedure in cases where summoned accused appears.
Stages of Evidence of Prosecution:
The Indian Evidence Act is replaced with The Bharatiya Sakshya Adhiniyam (BSA), 2023 and The Examination of witnesses are described in section 140, 142, 143, 144, 145, 146, 147, 148, 149, 150 of BSA
- 140. Order of production and examination of witnesses
- 141. Judge to decide as to admissibility of evidence
- 142. Examination of witnesses
- 143. Order of examinations
- 144. Cross-examination of person called to produce a document
- 145. Witnesses to character
- 146. Leading questions
- 147. Evidence as to matters in writing
- 148. Cross-examination as to previous statements in writing
- 149. Questions lawful in cross-examination
- 150. When witness to be compelled to answer
11. Final Arguments
Both the defense and prosecution present their final arguments, after which the court decides on the matter.
12. Judgment
(Section-353) (now section 392 of BNSS) The court delivers its verdict, stating whether the accused is convicted or acquitted and the reasons for the decision.
13. Appeal
(Section-374) (now section 415 of BNSS) The convicted party has the right to appeal the judgment in a higher court.
14. Revision
(Section-397) (now section 438 of BNSS) If there are concerns about the judgment’s legality, a revision petition can be filed.
15. Execution
(Section-413-414) (now section 453, 454 of BNSS) The final stage involves enforcing the court’s orders once all appeals and revisions are exhausted.
16. Anticipatory Bail
(Section-438) (NOW SECTION 482 OF BNSS) Individuals fearing arrest can seek anticipatory bail to avoid police custody before an arrest is made.
17. Summon and Warrant
(Section-61 & 87) (now section 63 & 90 of BNSS) For court appearances, summonses (for less severe cases) and warrants (for more serious cases) are issued to ensure the accused’s presence in court.
18. Bail
(Section-437) (now section 480 of BNSS) Depending on the nature of the offense (bailable or non-bailable), the accused may be granted bail, either immediately by the police or upon application to the court.
This guide simplifies the intricate process of criminal proceedings in India, aiming to make the legal system more accessible to the general public. While each case is unique, understanding these basic stages provides a clearer picture of what to expect during a criminal case.
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