Criminal Procedure

The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.

Constitution of Criminal Courts and it’s Hierarchy

Introduction Administration of justice is the most important function of the state. For this purpose our constitution has set up a hierarchy of courts. The Supreme Court is the apex body, followed …

Arrest of a Person

Meaning Fair trial requires that the trial proceedings are conducted in the presence of the accused and that he is given a fair chance to defend himself.  Consequently, the provisions regarding the…

Bail – Provisions as to bail and bonds

Object and meaning of bail The object of arrest and detention of the accused person is primarily to secure his appearance at the time of trial and to ensure that in case he is found guilty he is av…

Rights of an Arrested Person

The powers given to police to facilitate the making of arrest are not absolute. These powers are subject to certain restraints. These restraints are the rights of an arrested person. Thus, Rights o…

First Information Report (F.I.R.)

Meaning The information regarding commission of an offense has to be entered in a book available with the police. The information so recorded is called First Information Report i.e. F.I.R. It is an…

CHARGE (ALLEGATIONS)

Outline of Charge The charge is the establishment of the allegation(s) against the accused in a criminal case. The inspiration behind a charge is to inform an accused individual, precisely and succ…

Trial in Summons Cases

Introduction The Criminal Procedure Code of 1973 is, as is clearly indicated by its title, a comprehensive enactment laying down the law relating to criminal procedure. But it is worth mentioning t…

Procedure of Trial Before Sessions Court

Introduction Sessions Court is the court that deals with criminal cases at a district level. To be more precise, it deals with the more serious warrant cases. It cannot take cognizance directly of …

Provision of Appeal under Criminal Procedure Code

Introduction The term “appeal” has not been defined in the code. According to the dictionary meaning, an appeal is a complaint or grievance to a superior court for reconsideration or review of a de…

Plea Bargaining

Introduction In India, Plea Bargaining has certainly changed the face of the Indian Criminal Justice System. It is applicable in respect of those offences for which punishment is up to a period of …

Procedures Followed by Magistrates in Court

Procedure to be followed by magistrates when a complaint is filed before them The procedure to be followed and the powers conferred to the magistrate are given in the criminal procedure code, 1973 …

Initiation of Criminal Proceedings

Magistrate may proceed against an accused on the basis of a complaint of facts; or an information received from any person other than a police officer, or upon his own knowledge, that such offence …