INVESTIGATION AND TRIAL OF OFFENCES. INVESTIGATION OF OFFENCES.

INVESTIGATION AND TRIAL OF OFFENCES

INVESTIGATION OF OFFENCES

Investigation

• F.I.R- Information of the commission of cognizable offence given to the officer-in-charge of the police station having jurisdiction to investigate the offence.

• Officer-in-charge of the police station conducts investigation

• Files police report or charge sheet along with statements recorded and evidence collected before the Magistrate having jurisdiction to try the case.

• If no enough material is found to file a charge sheet against the accused, the officer has to send a report to that effect to the Magistrate and release the accused on bail.

• Information regarding non-cognizable offence, when given has to be entered in the station diary and informant referred to the Magistrate.

• Police officer has to maintain a case diary to record the progress of the case investigated by him on day-to-day basis.

• If the police officer refuses to register a case, information can be sent to the Superintendent of Police in writing by post.

• Information regarding the commission of an offence may be given in the form of a complaint to the Magistrate, having jurisdiction to try the case.

Bail

• Bail – Security for appearance before the court for trial or examination when required.

• Bail mandatory in bailable offences.• Bail mandatory in nonbailable offences

– When investigation is not completed within the stipulated period

– When trial is not completed within the stipulated period

– After trial, no ground to hold him guilty.

• Bail – Discretionary in the other cases.

• Factors to be taken into consideration:– Gravity of the charge– Nature of evidence against accusation– Danger of evidence being tampered– Likelihood of accused fleeing from justice– Opportunity to prepare defence– Health, age and sex of the accused.

Anticipatory Bail

• Anticipatory bail – Person having reason to believe that he may be arrested for a nonbailable offence may apply to the High Court or Sessions court for anticipatory bail.

• Factors to be taken into consideration:– Antecedents of the applicant, nature and

gravity of accusation, possibility of fleeing from justice, whether accusation is made to humiliate the applicant.

• Magistrate can take cognizance of a case– Upon a complaint– Upon a police report– Upon information given by any person

other than a police report– Upon his own knowledge

• Compelling appearance of person – processes– Summons, Warrant of arrest– Proclamation and Attachment of property

• Compelling production of things –processes– Summons, Search with warrant– Search without warrant and Seizure

TRIAL OF OFFENCES

CONCEPT OF FAIR TRIAL

• Adversary system of criminal trial• Presumption of innocence of the accused• Independent, impartial and competent

judges to try the accused in open court• Venue of the trial

– place where offence is committed

• Right of the accused to know the accusation– Framing of charges

CONCEPT OF FAIR TRIAL

• Right to be defended

• Right to legal aid

• Evidence to be taken in the presence of the accused

• Right of cross-examination of prosecution witnesses

• Right to produce evidence in his defence

• Right to speedy trial

TRIAL OF OFFENCES

FOUR types of trails

• Trial by Court of Session

• Trial of Warrant cases

• Trial of Summons cases

• Summary Trial

TRIAL - Court of Session

• Cannot take cognizance of an offence on its own

• Case has to be committed to it by a Magistrate taking cognizance

TRIAL – Summons cases and Summary trials

• Accused is informed of the accusation made against him

• If he pleads guilty – He may be convicted

• If he pleads not guilty– Evidence of the prosecution and the

defence is taken– Based on these, accused is

• Acquitted or • Convicted of the offence

PROCEDURE FOR TRIAL

• Accused is brought before Magistrate

• Magistrate to ensure that all documents and police report are furnished to him

• Magistrate to – Examine the material placed– Hear the prosecution and the accused

• If Magistrate feels that charges leveled are groundless– Discharge the accused

PROCEDURE FOR TRIALS• If Magistrate feels that charges leveled

are not groundless– Frames charges – Explains the charges to the accused– Asks him if he pleads guilty OR– Fix date for examination of prosecution

witnesses and summon them– Examine the prosecution witnesses on

date fixed– Summon the defence witnesses and take

their evidence

PROCEDURE FOR TRIALS• After considering all the evidence,

– if Magistrate feels that the accused is not guilty• Acquit him

– if Magistrate feels that the accused is guilty• Convict him• Give a hearing to accused on sentence

– Release him on probation if permitted by law or

– Pass a sentence