Enumerate the different stages of a criminal trial in a Warrant case when instituted by Police Report.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2020
Enumerate the different stages of a criminal trial in a Warrant case when instituted by Police Report.

Answer & Explanation:

According to Section 2(x) of Code of Criminal Procedure, 1973 a warrant case is one which relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The trial in warrant cases starts either by the filing of FIR in a police station or by filing a complaint before a Magistrate. Different Stages of Criminal Trial in a Warrant Case when instituted by the police report: First Information Report: Under Section 154 of the Code of Criminal Procedure, 1973 an FIR or First Information Report is registered by any person. FIR puts the case into motion. An FIR is information given by someone (aggrieved) to the police relating to the commitment of an offense. Investigation: The next step after the filing of FIR is the investigation by the investigating officer. A conclusion is made by the investigating officer by examining facts and circumstances, collecting evidence, examining various persons and taking their statements in writing and all the other steps necessary for completing the investigation and then that conclusion is filed to the Magistrate as a police report. Charges: If after considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be tried. In a warrant case, the charges should be framed in writing. Plea of guilty: Section 241 of the Code of Criminal Procedure, 1973 talks about the plea of guilty. After framing of the charges the accused is given an opportunity to plead guilty, and the responsibility lies with the judge to ensure that the plea of guilt was voluntarily made. The judge may upon its discretion convict the accused. Prosecution evidence: After the charges are framed, and the accused pleads not guilty, then the court requires the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence with statements from its witnesses. This process is called 'examination in chief'. The magistrate has the power to issue summons to any person as a witness or orders him to produce any document. Statement of the accused: Section 313 of the Criminal Procedure Code, 1973 gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of accused are not recorded under oath and can be used against him in the trial. Defence evidence: An opportunity is given to the accused to produce evidence so as to defend his case. The defence can produce both oral and documentary evidence. Judgement: The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgement. In case the accused is acquitted, the prosecution is given time to appeal against the order of the court. When the person is convicted, then both sides are invited to give arguments on the punishment which is to be awarded. The court must not only keep in view the rights of the victim of the crime but also the society at large while considering the imposition of appropriate punishment.

Topics: Criminal Procedure Code

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