The Criminal Procedure Code of 1973

Where does it say that an arrest must be made by the police and not by the MLAs? What is the procedure for obtaining bail in a criminal matter? Is the same court responsible for criminal cases of murder as well as scratch injuries? There are many doubts among the commoner as well as those in legal fields when there is law. Indian Criminal Procedure Code is one of those laws that lays out the steps to be followed by courts and outside during criminal cases. There are a thousand what, why, and how questions. The CrPC Act has answered many questions about the legal process that follows a crime. The first step is to understand the nature of the crime, the person who can file a complaint with the police, the court that will hear the case, and whether an arrest can be made right away or not. Learn what the Criminal Procedure Code of 1973 says in this regard.

Criminal Procedure Code: Important Terms You Should Know

According to the evidence (proof), an accused is a person suspected of committing a crime.

Prosecution: The party that initiates criminal proceedings against an accused. Serious crimes are considered an offense against the state. The state government conducts trials. Private parties who are aggrieved can proceed with a problem in the case of minor/petty offenses.

When someone is in custody, they are being held under detention. The term “custody” is used in the CrPC to refer to an accused who is kept under police custody or judicial care, depending on whether the accused is under the control of the police or a judicial magistrate.

Bail is the temporary release from custody of an accused person while the trial continues.

Anticipatory Bail – If an accused suspects that they will be arrested in a criminal case, which is cognizable by the court, they can apply for anticipatory bail at the concerned session or high courts. The police cannot arrest a person who has been granted anticipation bail.

Criminal Procedure Code 1973: Case Trials for Serious Offences

Every citizen must report any crime to the police.

Police investigate the information given by people to them about committing an offense. They look into whether the crime is serious or not.

The police will register a FIR (First Information Report [3]) in the event of a cognizable offense. In these cases, police can begin an investigation without written orders from the Magistrate [4].

The investigation by police pursuant to Section 156 of the CrPC includes gathering relevant evidence, recording of statements of witnesses, interrogating offenders, and collecting items directly related crime committed.

Within 24 hours after arrest, the accused must be brought before the Magistrate [5].

In the event that further interrogation of the accused is necessary, this accused can be kept in police custody. The Magistrate can order judicial custody if the Magistrate so orders. In the case of police custody, a maximum of 15 days is required. The maximum period of police custody is 15 days. It can be extended to 6060-90 days judicial custody. The Magistrate who controls the accused’s charge must permit the police to continue interrogating the accused.

A police report, also known as a chargesheet, is given to the Magistrate after the investigation has been completed. The chargesheet is a document that contains all of the evidence necessary to prove the criminal case against an accused person.

After a thorough investigation by the police, it may be determined that the accused is not guilty. He can be released or brought before the Magistrate [6].

The accused is also given all the documents necessary, including the charge sheet. The trial then begins according to the Code of Criminal Procedure 1973. The sections 211-214 of the CrPC are used to frame charges to provide clarity to the accused on the offences that have been charged.

The case process allows for a magistrate court or session court to hear the trial, depending on the jurisdiction.

The accused can plead guilty to the charges laid out, i., Accept that the accused committed the offences. The accused is then convicted of the crime and sentenced accordingly.

If the FIR was filed with malice, the accused may apply to the High Court for its cancellation.

The prosecution (the party who committed the offence, in the case of serious crimes, this is the government of the state) will present evidence against the defendant before the court if the accused doesn’t plead guilty.

Trials continue with the recording of the statements of the accused (examination in Chief under section 303 of the Indian Criminal Procedure Code), the sword of witnesses, and the cross-examination of all by the criminal lawyers opposing parties.

The final argument takes place after all evidence, witness or accused examinations, and cross-examinations and re-examinations have been completed.

The presiding officer (i.e., T, the judge, renders their judgment. If the accused has been found guilty (i.e., All evidence indicates that they committed the offense. The judge pronounces punishment according to applicable laws.

The judge may acquit an accused if he or she finds the evidence to be insufficient to prove their guilt. The accused is released from all charges.

There is always the option to appeal a decision, regardless of whether an accused was convicted or not.

CrPC Trials for Non-Serious Offenders

If the crime is not recognized (cheating, defamation, etc.), then it will be considered a non-cognizable offense. ), i.e., AanNC report (Non-Cognizable Report [7]) is filed when the police cannot legally arrest someone without a warrant.

In these cases, police officers are not allowed to arrest the accused or investigate the matter.

The NC report will be sent to the Magistrate, who can order the police officer concerned to begin an investigation.

According to section 155 of the Criminal Procedure Code, if there are two or more reported offences and one is a serious cognizable offense, then such a case will be investigated as a cognizable crime and the officer in charge cannot be questioned.

If the police refuse to register an FIR or a complaint, you can also make a direct complaint.

The Magistrate may, under section 156(3) of the CrPC, order that the police officer concerned conduct an investigation if he/she registers the complaint.

The Magistrate has the right to conduct an investigation and examine personally any of those involved.

The Magistrate can dismiss a criminal complaint if there are no grounds in it. [8]

The process can begin with the issue if there is enough evidence to continue with the case. To compel parties to appear, summons are issued. In the event that the person concerned does not appear in court, warrants [9] can be given to arrest them. If the accused does not appear before the court, warrantssup>[9]/sup> may also be issued for arrest.

Bail bond is issued, and the trial starts if the accused appears timely before the court.

Charges are not brought against the accused in a summons trial.

The matter is then decided after the evidence has been collected and the final argument made.

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