Crime –Any act or omission which is prohibited by
law and is punishable by law is a crime.
• The procedure for such crime is decided by following procedure of
criminal trial.
• The criminal trial in india is well established statutory, administration and
judicial framework.
• The whole criminal law consist of three Main act;
1. Indian penal code,1860(IPC)
2. Code of criminal procedure,1973(Cr.P.C)
3. Indian evidence act,1872(IEA)
•Cr.P.C-is the procedural law for conducting a criminal trial in
india.the procedure include the manner for collection of
evidence, examination of witness, interrogation of
accused,arrest , safeguard and procedures to be adopted by
the police and court.
• IPC-is the primary penal law of India which applies to all
offence.
• IEA-is a comprehensive treaty on the law of evidence which
can be used in the trial.
Types of offences
• Bailable offence- offence in which bail can be granted by the law.
• Non bailable offence offences in which bail cannot be granted.
• Cognizable offence offences in which a police officer can arrest a
person without warrant.
• Non cognizable offence in which the police officer cannot arrest
without a warrant from the magistrate.
• WARRANT CASE where the offence is punishable with death,life
imprisonment or imprisonment for more than two years.
• SUMMON CASE where the offence is punishable with imprisonment
of less than two years .
1.Commission of offence
2.a)information to police.b) complaint to magistrate
• Police identify wether the offence is cognizable or incognizable
• For the cognizable Offence FIR Must be registered and for the noncognizable
NCR (Non Cognizable Report )
• Now the police investigate the case . Investigation include;
1.Collection of evidence
2.Statement of witness
3.Interrogate the accused
• Investigation is completed by the police
• If offence is not committed by the accused then case closure is filed ,if
offense Is committed by accused then police will arrest the accused.
• After, arrest production of accused to magistrate with in 24
hour.
• The accused kept in police custody or in judicial custody.
• Charge sheet (A final report prepared by the investigation or
law enforcement agency for proving the accusation of a crime
in a criminal court of law).
• Chargesheet is filled before the presenting the accuse to
magistrate.
Trials
• Trials ; process in a court of law where a judge listen to
evidence and decide if somebody is guilty of a crime or
not.
• Session court ➡️ framing of charge➡️if the accused plea
not guilty ➡️prosecution evidence ➡️ statement of the
accused ➡️ examine in chief,cross examination,re-
examination ➡️final argument ➡️ judgement and sentence
by the court.
AQUITTAL OR CONVICTION .