Skip to main content

Trials of Criminal Offences in India - Manav Puri@LexCliq

                         Trials of Criminal Offences in India


Introduction;

Prosecution of an offence that is usually a two-step process. Firstly, the police, moves forwarding by, investigating into the complaint that victim has mase. Next, based on the report of the police, and if the evidences are sufficient then, the state will prosecute the accused in a criminal trial where the accused may either be convicted that is, found guilty or acquitted that is, not guilty for any offence.

The CrPC, provides 2 kinds of processes that are to be followed, before the trial of any case starts, first one refers to the instances on the police report, the magistrate may discharge the accused on considering the police reports and documents sent to them. In respect to the instances included in the report other than that on the police report, the magistrate is mandated to hear the prosecution and record evidences. 

If there is no case is formed, then the accused is discharged. In both cases, if the accused is not acquitted, the magistrate has the to hold a regular trial after "framing the charges" according to the evidences provided. Under the CrPC, an accused may be withdrawn from prosecution from any stage of the trial with the permission of the court. If the accused is permitted to be withdrawn from prosecution before to framing of charge, this is known as a discharge, when in some cases where such withdrawal is permitted after framing of charges, this is called as an acquittal.


Process of the trial;

  1. Framing of Charges – This marks the commencement of a trial. At this stage, the judge is mandated to look after the evidences that are collected by the police during their investigation to determine whether or not prima facie a case formed against the accused. In case the if the evidences placed before the court are sufficient, then the court frames the charges and proceeds with the trial. But on the opposing side, if the judge founds the collected evidences to be insufficient for proceeding against the accused, then the judge discharges the accused and records no reason for the same. If evidences are sufficient then the framed charges are read over and explained to the accused who may plead guilty or not-guilty after hearing charges. If the accused pleads guilty, then the judge shall record the plea and may convict him for the offence and if he pleads not guilty and claims trial, it is when the trial begins. You may note that the actual trial begins only after the charge has been framed and the process prior to the trial is called inquiry. After the inquiry, the charges are prepared and after the formulation of the charge, trial of the accused begins. A charge is nothing but framing of the accusations made against the person who has to face a trial for committing an offence.


  1. Recording the evidences of the Prosecution – After the charges are framed, the prosecution is asked to question its witnesses before the court. This process is known as examination-in-chief. The accused has a right to cross-examine all the witnesses produced by the prosecution. The CrPC provides the process of examination of witnesses, where once it has begun, it should be continued every day until all the witnesses by-standing have been examined.


  1. Statement of the Accused – The court has the power to examine the accused at any stage of inquiry or trial for the purpose of extracting out any explanation or information against the incriminating instances appearing before him. However, the court is mandated to question the accused after analyzing the proofs of the prosecution, if that incriminates him. This process is without the oath and is before done the accused entering with a defense. The objective of this examination is to provide the accused a with reasonable possibility to explain the incriminating facts and circumstances in the case.


  1. Defense Evidences – If after accepting and reviewing the evidence from the prosecution, after examination of the accused and defense evidences, and if the judge is satisfied that there no evidences or accusations formed against the accused notion of accused committing any offence, the judge is then mandated to record and pass the order of acquittal or discharge. However, when accused is not discharged due to enough evidences on record, in such instances a defence enters and evidences adduced in its support. For this purpose, the defence can examine the witnesses with the accused as well. The witnesses provided by the defence are cross-examined by the prosecution. 

  2. Final Arguments – This is considered as the final stage of the trial. The provisions of the CrPC, states that when the process of examination of the witnesses for the defence (if any) is completed, then the prosecutor shall sum up their prosecution case and this is when the accused is required to reply. And these take from of the final arguments in a trial.


  1. Judgements – After the all arguments, and evidences stated in front on the court, by the prosecutor and defence, the judge announces his judgment for the trial.



Conclusion;

Most accused people do not lead defence evidences in India. One of the major reasons for this break down is that, the burden or pressure is on the prosecution to prove the offences and the degree of proof required in a criminal trial against the defendant should be proved beyond the reasonable doubt. This degree and standard of proof is quite high for the prosecution to prove their evidences against the defendant. Always it has not been enough for the prosecution to assert and prove that the accused has committed the offence. As the judge must be convinced beyond reasonable doubt that the accused is the one who has committed the offence.


Written By – Manav Puri@LexCliq
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more