STAGES OF TRIAL IN A CRIMINAL COURT.

A BIRD’S EYE VIEW OF DIFFERENT TYPES OF CASES AND DIFFERENT STAGES OF TRIAL IN  DIFFERENT CRIMINAL COURTS.

(Main points: Material for plea/Charge, plea or Charge, evidence for the Prosecution, 313 Cr. P.C. Exam. of accused, Evidence in defence by the accused, arguments from both the sides, Delivery of Judgement.)

Preliminary stage after commission of crime: (i) Lodging of F.I.R. (S.154) or complaint at the P.S. by the Complainant in cognizable cases leading to investigation and filing of a Charge sheet  resulting in filing of Prosecution Report (PR) or Charge Sheet or  (ii) The complainant approaches the Court of a Chief Judicial Magistrate to lodge a Complaint.

  On receipt of a Police Report, if the CJM finds materials of commission of an Offence, he takes cognizance of the offence and after supplying copies of the evidence to the accused, Commits the case to a Sessions Court (If the Offence is triable by a Sessions Court) and if the offence is triable by a Magistrate, he either tries the case himself or sends it to a court of any other Judicial Magistsrate for trial. A magistrate can also send a private complaint u/Sec.156(3) of the Cr.P.C. to the Police for investigation directing him to treat the same as an F.I.R.

   In the case of private complaint, he examines the witnesses (All witnesses if the complaint is regarding a Sessions Triable case and only a few witnesses in other cases) u/Sec.200 Cr.P.C. and peruses the documents produced before taking cognizance of the Offence). In case an offence triable by a Court of Sessions, he Commits the case to a Court of Sessions for Trial and if the offence is triable by a Court of Judicial Magistrate he after taking cognizance, either tries the case himself or transfers the case to any other Magistrate for trial.

Cognizable offence: Sec.2(c) “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 may arrest without warrant.

Sec. 2(w) “Summons case” means a case relating to an offence, and not being a warrant case.

Sec.2(x) “Warrant Case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.