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Category Archives: Criminal Law Post

Stages Of Criminal Trail in India

STAGES OF CRIMINAL TRIAL IN INDIA

  1. After filing of the challan if accused are not present, they will be called by issuing summons to them and notices to their sureties.
  2. Prosecution will supply copies of the challan and it will be checked by accused whether copies are complete.
  3. There are certain cases where punishment is more than 3 years, the said case are to be tried by the Court of Sessions and these matters will be committed to the Sessions where trial will take place.
  4. In other cases, the trial will begin in the court of Metropolitan Magistrate itself.
  5. First of all the charge will be framed i.e. the substance of the offences alleged against the person facing the trial will be put to him and he will be asked whether he admits his guilt or not.
  6. If accused admits the guilt, he will be punished accordingly and if he does not accept his guilt, the prosecution will be given a chance to examine the witnesses to prove its case.
  7. Once the witnesses have been examined, the entire substance of the evidence will be put to the accused and his replies will be recorded in the statement of the accused.
  8. The person facing a trial also has a right to get his own witnesses examined in the Court to prove his innocence in defence evidence.
  9. After completion of the evidence, final arguments will be heard and case will be decided accordingly.
  10. In a criminal case, the trial court can either acquit a person facing trial if there is not sufficient evidence against him or he can be convicted. In case a person has been convicted, he will be heard on the quantum of sentence.
  11. All convicted below the age of 21 and other convicts where punishment is less than 7 years, are entitled to probation if they are not previous convicts.
  12. Sentence can be in the form of Rigorous Imprisonment/Simple Imprisonment and/or Fine. In a case where imprisonment is of less than 3 years, the convict is entitled to bail for the period which is required to file an appeal in the Superior Court.
  13. In Sessions triable cases, some procedure is followed after committal of the case from Metropolitan Magistrate’s Court.

Arrest By Police On Refusal to Give Name and Address

ARREST BY POLICE ON REFUSAL TO GIVE NAME AND RESIDENCE
(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a      non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:
Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.


Procedure Of Arrest

By Advocate Sushil Kumar / Published on 22-10-2018  / Category – Criminal Law Post

PROCEDURE OF ARREST AND DUTIES OF OFFICER MAKING ARREST
—Every Police Officer While Making An Arrest shall—
(1)       Bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(2)       Prepare a Memorandum of Arrest which shall be—
(i) Attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(ii) Countersigned by the person arrested; and
(3)       Inform the person arrested, unless the Memorandum is Attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.
Right of Arrested Person to Meet an Advocate of his choice During Interrogation as per Section 41 D of Code of Criminal Procedure
When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

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