We will cover CrPC under the following
heads:
1. Pre trial stages
2. Trial stages
3. Post trial stages
A. Pre-trial Stage
1. Commission of an offence
(cognizable or non cognizable) Information to
police. Chapter 12 will come into the picture.
a. Information of cognizable offence :
Cognizable offence is defined under section 2(c)
of CrPC as “cognizable offence” means an
offence for which, and “cognizable case” means
a case in which, a police officer may, in
accordance with the First Schedule or under any
other law for the time being in force, arrest
without warrant.
Thus under Section 154 of CrPC, a FIR or First
Information Report is registered for cognizable
offence. FIR puts the crimimal case into motion.
An FIR is information given by someone
(aggrieved) or anyone else, to the police relating
to the commission of an offence.
b. Information of non cognizable offence :
Non cognizable offence is defined under section
2(l) of CrPC as “non-cognizable offence” means
an offence for which, and “non- cognizable
case” means a case in which, a police officer
has no authority to arrest without warrant;
In case of non cognizable offence N.C.R (non
cognizable report) is registered by police under
section 155 of Cr.P.C. but the police cannot start
investigation or arrest the accused without the
order of a Magistrate having power to try such
case.
If police refuse to register FIR an aggrieved
person can move to the court. The court can
direct the police under sec. 156(3) to register an
FIR and investigate the case. Then in this case
again chapter 12 of CrPC will come into the
picture.
2. Complaint to magistrate chapter 15 & 16
will come into the picture
Section 2 (d) of the Code of Criminal Procedure
defines the term 'complaint as any allegation
made orally or in writing to a Magistrate, with a
view to his taking action under this Code, that
some person, whether known or unknown, has
committed an offence, but does not include a
police report. On receipt of a complaint a
Magistrate has several courses open to him.
He may take cognizance of the offence and
proceed to record the statements of the
complainant and the witnesses present under
Section 200, Cr Thereafter if in his opinion there
is no sufficient ground for proceeding he may
dismiss the complaint under Section 203, Cr
PC. If in his opinion there is sufficient ground for
proceeding he may issue process under Section
204, Cr PC.
3. Investigation by Police sec. 2(h)
As per Section 2(h) Code Of Criminal
Procedure, 1973 " investigation" includes all the
proceedings under this Code for the collection of
evidence conducted by a police officer or by any
person (other than a Magistrate) who is
authorised by a Magistrate in this behalf;
Police conduct investigation for the
following:
(i) Proceeding to the place of offence;
(ii) Ascertainment of the facts and
circumstances of the case (to find out about the
case and about its circumstances)
(i) Discovery and arrest of the suspected
offender if needed;
(iv) Collection of evidence relating to the
commission of the offence which may consist of:
(a) the examination of various persons,
including the accused, and the reduction of their
statements into writing if the police officer thinks
fit (b) the search of places or seizure of things
considered necessary for the investigation or
trial;
(v) Formation of the opinion as to whether on
the materials collected there is a case to place
the accused before a Magistrate for trial, and if
so, taking the necessary steps for the same by
the filing of a charge-sheet [Navin Chandra v
State of Meghalaya 2000 (4) Recent Cr. Rep].
During this time, at any stage decided by
investigating agency, accused persons can be
arrested.
In case of cognizable offence police can start
investigation after the registration of FIR, no
prior approval of magistrate is necessary. But in
case of non cognizable offence, prior approval
of magistrate is necessary to start investigation.
4. Anticipatory Bail/Bail Chapter 33 will come
into the picture.
If an accused has a fear of being arrested he
can apply for an anticipatory bail under section
428 of CrPC. Which means he can move the
court that in case police come to arrest him he
will already have a bail order in his hand. Which
he will be released on bail. It is also called as
pre arrest bail.
5. Arrest of the Accused chapter 5 deals in
arrest.
If police arrest an accused person during an
investigation they can not keep him more than
24 hrs without the approval of the magistrate. As
i mentioned earlier in case of cognizable offence
police can arrest the accused without warrant.
However in case of non cognizable offence prior
approval of magistrate is necessary.
6. Completion of investigation
If investigating agency feels a prima facie case
is made out, charge sheet is filed in Court. If
police finds in his investigation that no case is
made out, a final report filed in Court. Sec.
173(2) CrPC.
7. Cognizance of Offence by Magistrate
chapter 14 of CrPC will come into the
picture.
After filling of charge sheet the next stage is
taking cognizance of offence by magistrate
under section 190 of the Criminal Procedure
Code.
8. Service of summons/warrant to accused
and Process to compel appearance under
chapter 6 of Cr.P.C.
9. Decision is taken by the Court on question
of Charge sheet:
Court can reject charge sheet, in which case the
accused is discharged. Or,
Court can accept that a prima facie case is
made out, frame the charges, and post the case
for trial. Case goes to next stage.
Court can accept the final report- case is closed
and accused is discharged. Or,
Court can reject the final report, and direct
the police to further investigate the case. Case
goes back to the Stage of investigation. Or, c. If
the Court direct the case to be posted for trial.
Case goes to next stage.
10. Framing Of Charge Chapter 17 and Secs.
228, 240.
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. Chapter 17 of CrPC
deals on framing of charge.
11. Conviction on plea of guilty secs.
229,241,252 and 253
If the accused pleads guilty, the court shall
record the plea and may, at discretion convicts
the accused.
12. If the accused pleads not guilty
Case is posted for trial to begin the trial of the
case and further proceedings as per Criminal
Procedure Code.
B. Trial stage
13. Commencement of trial
Generally speaking trial of a case commences
when the case is posted for examination of
witnesses. Trial may be -
Sessions trial chapter 18
Warrant trial chapter 19
Summons trial chapter 20
Summary trial chapter 21
14. Judgement of acquittal or conviction
Chapter 27
The final decision of the court with reasons
given in support of the acquittal or conviction of
the accused is known as judgment.
C. Post-Trial Stage
15. Appeal Chapter 26 (within specified
period of limitation)/Revision & reference
chapter 30
Appeal can be filed by party aggrieved by
judgment on acquittal / conviction /sentence. On
notice being issued to the opposite parties,
arguments are placed before Appellate court by
defence counsel and the public prosecutor. Or,
Revision Application :
Where there is right of appeal provided but no
appeal was filed then in its discretion the
Sessions Court or the High Court can entertain
a revision to prevent miscarriage of criminal
justice system occurred by the orders of the
lower court.
16. Judgement of the Appellate Court or
Court having revisional jurisdiction.
The Court having such powers can either rebut
the lower court judgement or confirm the
judgement pronounced by the lower court.
17. Execution of Sentence.
Finally, if the accused is pronounced convicted
by all relevant courts and appellate authorities
then he is sent to jail.