<\/p>\n\n\n\n
Criminal cases occur when a person is convicted for committing\na crime, which is considered as an offense as per the laws of the respective\nNation. The laws and procedures relating to criminal casesvary from place to place. The condition of Criminal trial\nprocedures in India is not a hidden fact. Not only does the trial procedure\ntake a number of years, but also, the number of reporting of criminal cases in\nthe country is considerably low as compared to actual criminal cases that occur.<\/p>\n\n\n\n
There are several reasons for such a low percentage of reporting\nof criminal cases in the country such as corruption, lack of financial support\netc. But, one of the most important reasons is the lack of understanding and\nknowledge of the law. In order to know the rights available to the citizens in\ncase of a criminal case, it is very important to first understand what the law\nsays.<\/p>\n\n\n\n
In this Article, we will be discussing the circumstances when\na Criminal Case can be filed in India along with the governing Acts and rules.<\/p>\n\n\n\n
In India, the procedure for Criminal trials and their\npunishments are established in three main laws namely:<\/p>\n\n\n\n
As per the Indian Penal Code, the following offenses are\nconsidered as Criminal Offenses:<\/p>\n\n\n\n
The first step towards filing a criminal case<\/strong> starts with filing a complaint or a First Information\nReport (FIR).<\/p>\n\n\n\n In a Complaint, the allegations against any person for\ncommitting an offense is made in front of the magistrate, either orally or in\nwriting including the reliefs sought. The person, against whom the offense is\ncommitted, generally files it. <\/p>\n\n\n\n An FIR contains the information, which is reported to the\nofficer in charge of the police station for reporting a cognizable offense. An\nFIR is a basis<\/a> upon which an investigation of the offense is commenced.FIR can\nbe lodged by the person against whom the offense is committed, anyone who knows\nabout the offense, or by anyone who has seen the commission of an offense. In\ncertain criminal cases<\/strong>, the option\nof filing a Zero FIR is available to the aggrieved. <\/p>\n\n\n\n A zero FIR is lodged in case of those crimes, which demand\nimmediate action without wasting any further time. Generally, FIRs are lodged\nin the police stations having appropriate jurisdiction. But, zero FIRs can be\nlodged in police stations situated outside jurisdiction when appropriate police\nstations are not easily accessible. Zero FIRs are lodged for crimes like\nmurder, rape etc. A zero FIR is filed for crimes like murder rape etc. The\nintention behind zero FIRs is to raise an investigation before transferring the\ncomplaint to the appropriate police station.<\/p>\n\n\n\n Once an FIR is filed in a police station, the investigation\nis commenced. It includes proceeding to the spot of the crime to ascertain the\nfacts and circumstances of the case, an arrest of suspected accused and\ncollection of evidence to prove the commission of the crime. If during the\ninvestigation, enough pieces of evidence are found which prove the commitment\nof the crime, a charge sheet is filed. Otherwise, the police close the case\nafter justifying their reasons in court.<\/p>\n\n\n\n The next step is to prepare a charge sheet for framing the\ncharges against the accused. Only then a trial can begin. The charges have to\nbe explained to the accused for him to understand what he has been charged\nagainst and help him in deciding his further actions.<\/p>\n\n\n\n An opportunity of pleading guilty is provided to the accused,\nwhich frees him from contesting the case and reduces his punishment. But, the plea\nof guilt is acceptable only if it is free and voluntary and if the prosecution’s\ncomplaint (unless disproved) would have led to a conviction. <\/p>\n\n\n\n The next step includes an examination of the prosecutor’s witness and evidence for the admissibility of the same in the court. They have to fulfill the conditions as set out in the Indian Evidence Act 1872<\/a>.<\/p>\n\n\n\n Under the Code of Criminal Procedure, an opportunity of being\nheard is provided to the accused for representing his sides of the facts and\ncircumstances. The accused can exercise his complete discretion in answering\nthe questions so asked, as he is not administered on oath.<\/p>\n\n\n\n The accused is also given an opportunity to admit evidence\nand witness in support of his\/her defense. The witnesses provided by the\naccused are cross-examined by the prosecutor.<\/p>\n\n\n\n The court provides a\ndate for a hearing of both sides of the case when both sides present their\narguments.<\/p>\n\n\n\n After hearing both sides of the arguments, the Judge delivers\na final judgment. The judgment includes a decision regarding holding the accused\nguilty or acquitting him of the offense along with the applicable penalty and\nsentence.<\/p>\n\n\n\n For initiating a criminal trial, one should first ascertain\nthe type of offense committed. If the offense qualifies as a criminal offense,\nthe further action can be proceeded with by filing an FIR or a complaint, as\nthe case may be.<\/p>\n\n\n\nWhat is a complaint?<\/strong><\/h2>\n\n\n\n
What is an FIR? <\/strong><\/h2>\n\n\n\n
What is a zero FIR and\nwhen can it be used?<\/strong><\/h2>\n\n\n\n
Further steps of a\ncriminal trial are as under:<\/strong><\/h2>\n\n\n\n
Conclusion:<\/strong><\/h2>\n\n\n\n