Table of Contents

 Introductory and Pre-trial Process

 Meaning of procedure
 The organization of the functionaries under the Code
 Their duties, functions and powers
 First Information Report complaint
 Arrest
 Types of trial
 Features of a fair trial

Introductory and Pre-trial Process

A pretrial hearing is a meeting in which the opposing attorneys confer,
ordinarily with a judge to work towards the disposition of a case. Generally, it
will be seen in Civil cases and in rare situations, it is seen in Criminal cases.

Stages in Pre-Trial:

 The criminal act takes place.

 Crime report to the police (FIR).
 The police investigation, resulting in the unsolved case
 The arrest of the suspect, resulting in either release
 Booking at the police station, resulting in the release.
 Prosecution of the suspect then awaits an initial court appearance.

Meaning of procedure
1. Criminal procedure deals with the set of rules governing the series of
proceedings through which the government enforces the
substantive criminal law.
2. At present, the Act contains 484 Sections, 2 Schedules and 56 Forms.
The Sections are divided into 37 Chapters.
3. Indian Penal Code(IPC),1860 is a Substantive Law which defines
various crimes or offences that are punishable in India.
4. Criminal Procedure Code (CrPC), 1973 is a Procedural Law which
describes the procedures.
5. It was enacted in 1973 and it came into force on 1st April 1974.
6. Got approval on 25th January 1974.
7. The territorial jurisdiction of CrPC, 1973 is applicable in the whole of
India except Jammu and Kashmir.
The organization of the functionaries under the Code
There are 2 important functionaries under the Criminal Procedure Code,1973.
They are:

 POLICE:
 Functions: The police force is an instrument for the prevention
and detection of crime.
 Powers: The powers of a police are power to make an arrest,
search, and investigate. Wider powers have been given to police
officers in charge of a police station.
 PROSECUTOR:
 Duties: The duty of a public prosecutor mainly consists of
conducting the prosecution on behalf of the state.
 Powers: As per Section 301, a Public Prosecutor or Assistant
Public Prosecutor has the authority to appear and plead before any
court in any case entrusted to him.
 As per Section 321, he can withdraw from the prosecution
against any person with the consent of the court.

 DEFENCE COUNSEL:
 As per Section 303 of CrPC, 1973 any person accused of an
offence before a Criminal Court has a right to be defended by a pleader
of his choice.
 PRISON AUTHORITIES:
 Powers: They are supposed to take care of the health of
prisoners and their safety and security.
 Duties: Prison officers must maintain order and daily operations
of the facility and are responsible for the care, custody, and control of
inmates.

Their duties, functions and powers

First Information Report complaint
First Information Report is abbreviated as FIR. Either in Civil or Criminal
Cases FIR is filed in the Police Station. Section-153 of Criminal Procedure
Code, 1973 deals with the definition of FIR.

 FIR is an information recorded by a police officer on duty given either by

the aggrieved person or any other person to the commission of an alleged
offence.
 It can be filed by any person.
 It is filed in the police station in the area of police situation where the
incident had taken place.
 FIR leads to Investigation in which the investigating officers further
proceeds to file whether a charge sheet or closure report.
 Section:-154 of CrPC, 1973 deals with the procedure of filing an FIR.
 A Zero FIR means every Police officer is law-bound to register the FIR
of any cognizable offence committed, irrespective of the jurisdiction in
which the offence was committed.
 The Supreme Court made it mandatory for the police to conduct an
enquiry before registering an FIR, except in case of rape, murder, robbery,
etc.
 First Information Report is filed only in cases of Cognizable Offences
where Complaint is filed in cases of Non-cognizable Offences.

Arrest
 An arrest is an act of apprehending a person and taking them into
custody, usually because they have been suspected of committing or
planning a crime.
 There are 6 types of Arrests:
 Arrest without a warrant: This occurs when a police officer is
entitled to arrest an accused person without a warrant. There are a
number of grounds, to arrest without a warrant any person who has
been or is reasonably suspected of having been involved in an
arrestable offence.
 Arrest with a warrant: Where the offence is not an arrestable
offence, either a warrant or summons will be required to be issued in
the first instance. Without obtaining a warrant, the police are not allowed
to make an
 Private Arrest: It is made available in two situations
 First situation: A private person is entitled to arrest a
person if he sees a person who is committing a non-bailable offence
like murder, theft, robbery etc.
 The second situation: A victim is entitled to arrest a
person when a person commits an offence against the victim or
victim’s property.
 False Arrest: Here the plaintiff alleges he or she was held
in custody without probable cause, or without an order issued by a court
of competent jurisdiction.
  Mass Arrest: A mass arrest occurs when police apprehend large
numbers of suspects at once. This sometimes occurs during illegal
protests.

Types of trial
A crime is any act or omission which is prohibited and punishable by law. The
punishment for such crime is decided by the following procedures of criminal
trial.

A Trial is a proceeding in which the opposing parties in a dispute present

evidence and make arguments on the application of law before a judge or
jury.

There are 3 types of trial.

 Warrant Trial: 7 years or more than 7 years

 Summon Trial: maximum 2 years
 Summary Trial: maximum 6 months

Stages ofWarrant Trial:

 Complaint/FIR: A FIR is an information given by someone (aggrieved)

to the police relating to the commitment of an offence.
 Investigation: is a collection of evidence by investigating the agency.
 Bail: Cash or a bond given to the court by a prisoner to secure
conditional release from custody
 Chargesheet: a formal police record showing the names of each
person brought into custody, the nature of the accusations, and the identity
of the accusers.
 Discharge: the court feels the charges are groundless, will record the
reasons for doing so.
 The framing of Charge: the court feels that there is a ground of
presuming that the accused has committed the offence.
 Prosecution Evidence: After the charges are framed, and the accused
pleads guilty, then the court requires the prosecution to produce evidence
to prove the guilt of the accused.
 Defence evidence: In India, since the burden of proof is on the
prosecution the defense, in general, is not required to give any defense
evidence.
 Statement of Accused: Section 313 of the Criminal Procedure Code
gives an opportunity to the accused to be heard and explain the facts and
circumstances of the case.
 Judgement: When the person is convicted, then both sides are invited
to give arguments on the punishment which is to be awarded.

Stages of Summon Trial

1. Pre-trial: In the pre-trial, the process such as filing of FIR and

investigation is conducted.
2. Charges: The accused appears before the court or is brought before
the court then the Magistrate would orally state the facts of the offence he
is answerable.
3. Plea of guilty: The accused pleas before the court that he has
committed the offence then the court records it.
4. Prosecution and defense evidence: If the accused does not plead
guilty, then the process of trial starts. The prosecution and the defense are
asked to present evidence in support of their cases.
5. Judgment: When the sentence is pronounced in a summons case, the
parties need not argue on the amount of punishment given. The sentence
is the sole discretion of the judge.

Stages of Summary Trial

 Pre-trial
 Charges
 Plea of guilty
 Prosecution and defense evidence

Judgment

Features of a fair trial

 Section:- 304 of Criminal Procedure Code(CrPC),1973 deals with the
fair trial.
 In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public
 It requires a fair and public hearing within a reasonable time by an
independent and impartial tribunal established by law.
 Principles of a fair trial
 Adversary trial system
 Presumption of innocence
 Independent, impartial and competent judges
 Autrefois Acquit and Autrefois Convict
 Knowledge of the accusation
 Right to open trial
 Expeditious trial