Pre-Trial Stage - Step By Step

INTRODUCTION Under the criminal procedure, there are mainly 3 stages of criminal proceedings in India namely: The Pre-Trial Stage.The Trial Stage.The Post-Trial Stage. In order to understand the various stages of the Criminal Law Proceedings or Trial in India, it is important to understand what is Crime and Trial? Crime is a term which has evolved from the concept of law, and is regarded as an act/omission or violation of law against which there lies a punishment which is imposed upon the accused by the State and the said punishment may vary from direct injury to indirect injury.Crime has been derived from a Latin term called "CRIMEN" which means to charge. Many Criminologist propounded and expounded the terminology and meaning of Crime. But every such definition given by them was highly criticized due to the fact that they have left something in the definition or extended the scope which is usually not a part of the same. So, the conclusion is that it is difficult to explains the definition of Crime in a single line statement, as it is a Multi-dimensional term. According to Oxford's Dictionary[i] the definition of Crime is: Activities that involve breaking the lawAn illegal act or activity that can be punished by lawAn act that you think is morally wrong or is a big mistake. 1. PRE-TRIAL STAGE The phase is said to be Pre-trial stage once the criminal proceedings have initiated after the registration of FIR under the Section 154 of CRPC, 1973 which is followed till the filing of the Charge sheet once the magistrate is of the view that there lies a reasonable ground for initiating the Trial. This stage plays a pivotal or critical role under the process of Justice because under this phase only majority of cases comes to an end informally through settlement between the parties therefore, these cases never come before the Court of Justice. 2. TRIAL After the completion of the Pre- Trial Stage/ Proceedings, then starts a new phase called as Trial stage which is also known as the 2nd phase of the criminal proceedings. Although, Trial is not defined or explained under the CRPC, 1973 but it is a process of determining the guilt or innocence of the person through adjudication by the competent court. In Laymen language, trial refers to a TEST or legally it means "a formal gathering of the parties namely prosecution and the respondent in front of Hon'ble court, where both the parties put forth their claims, evidence, proofs and etc. and the court upon hearing the same and giving equal opportunities to both the parties to present their views come to a conclusion whether to acquit or convict". In India, the Criminal Trial is divided into 3 parts namely: - Warrant case- where punishment for an offence is 7 year or more.Summon case- where punishment for an offence is 2 year or less.Summary Trial- where punishment for an offence is 6 month or less. According to Section 26[ii] of the CRPC, 1973: the offences as mentioned under the Indian Penal Code, 1860 shall be triable by: - The High CourtThe Session Court andAny other court by which the offence is shown under the 1st schedule of the CRPC, 1973. Further, if the case relates to rape and attracts the provision of Section 376[iii], 376A[iv], 376B<[v], 376C[vi] and 376D<[vii] of Indian Penal Code, 1860 in such situation the case shall be tried by a woman Judge 3. POST TRIAL Under this stage, generally lies following: - Appeal/ Revision,Hearing of quantum of punishment or Execution of sentence. India has an overarching and elaborative Substantive and procedural laws dealing with the various stages of Criminal proceedings which are as: INDIAN PENAL CODE, 1860- Substantive LawINDIAN EVIDENCE ACT, 1872- Procedural LawCODE OF CRIMINAL PROCEDURE, 1973- Procedural Law Code of Criminal Procedure (CRPC) is a Procedural Law and it deals with the regulation of criminal law procedure and its rules, it put forth the steps and provisions which are to be followed if the criminal case has been made out. Further, it provides the mechanism for proper imposition and working of Criminal Law in India. While on the other hand, Indian Penal Code (IPC) is a Substantive Law and is a primary criminal law of India further it deals/ covers all the Crimes and their related punishments. Indian Evidence Act is also a Procedural Law and it generally comes into play after the initiation of Trial, where it deals with Evidences production, Facts, Examination, Cross-Examination, Leading Questions and etc. INITIATION OF CRIMINAL PROCEEDINGS PRE-TRIAL STAGE The criminal proceedings initiate with the commission of Crime which may be Cognizable or Non-Cognizable. 1. NON-COGNIZABLE OFFENCE When an act or omission is executed and the offences for the same is Non-cognizable...

Pre-Trial Stage - Step By Step

NIKHIL THAKUR

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