Criminal litigation

In India Criminal Laws are primarily divided into three major acts i.e. The Bharatiya Nyaya Sanhita, Nagarik Suraksha Sanhita  and Bharatiya Sakshya Adhiniyam. Briefly, Criminal Law in India, is a set of legal rules which are used to impose punishment as a result of failure to comply with the law. The rules may differ from country to country, and the acts of criminal codes are not consistent. The punishment, depending on the type of criminal offense and jurisdiction may result in execution, government supervision, sentence to jail and fines.

PROCESS OF CRIMINAL TRIAL IN INDIA:

  • Procedure for administration of criminal justice involves investigation, inquiry and trial.
  • Investigation is a first step which usually the police starts after recording FIR in police station. Investigation usually ends in a police report to magistrate.
  • Inquiry starts when a magistrate either on police report or on any other complaint being satisfied of the facts.
  • Trial is the adjudication of a persons guilt. Under the CRPC, criminal trials have three main divisions having different procedures, i.e. warrant, summons and summary trials.
  • Warrant cases relates to offences punishable by death.
  • Offences punishable with death, life imprisonment and imprisonment for a term exceeding 7 years, the trial are conducted in Sessions court.
  • Summons cases relates to offences punishable with imprisonment not exceeding 2 years. Cases includes assault, criminal force to any women etc.
Top