Steps of Criminal cases & their legal provisions in Cr.P.C. & Cr.R.P.
S.No. STAGE LEGAL PROVISIONS.
1. INFORMATION TO POLICE. 1. in Cognizable cases. Sec. 154. 2. in Non-Cognizable cases. Sec. 155. 2. i. Sending F.I.R./Report to Registering (or) Issuing F.I.R. Magistrate. (Sec.158.) 3. QUASHING FIR. AFTER SENDING F.I.R. TO THE JUDICIAL MAGISTRATE CONCERNED, IF OFFENCE IS NOT MADE OUT AND THE INFORMATION IS FALSE. Steps for Quashing F.I.R. 4. IF F.I.R. IS NOT REGISTERED 1. Sending the same information PRIVATE COMPLAINT to the Superintendent of Police by PROCEDURE. registered post. (Sec.154 (3). 2. Even after no action is initiated, filing a Private Complaint to Magistrate. (Sec. 190 (1)(a) and 200). iv. If any improper investigation or improper section was implicated. 5. PROTEST PETITION. (Sec. 190). 6. Primary investigation. (Sec. 157). 7. ISSUING 41-A NOTICE (or) Sec. 41-A. ARREST OF ACCUSED AND SENDING FOR JUDICIAL REMAND. 8. BAIL. i. Bail in Bailable cases Sec. 436. ii. BAIL IN NON-BAILABLE CASES (Sec. 437). iii. Sec. 439 - 1. APPEAL ON DISMISSAL ORDER . Sec. 439 (1) (a). 2. BAIL IN OFFENCES OF WOMEN ACCUSED. Sec. 439 (1A). 3. RELAXATION OF CONDITIONS. Sec. 439 (1) (b). 4. CANCELATION OF BAIL. Sec. 439 (2) iv. ANTICIPATORY BAIL (Sec.438). v. REARREST (Sec. 437 (5). vi. MANDATORY BAIL. 1. Sec. 167 (2) (a) (i). Ninety days. 2. Sec. 167 (2) (a) (ii). Sixty days. 9. BAIL BONDS /(SURETIES). FILING SURETIES. RETURN OF SURETIES. 10. Completing Investigation and (Sec.173). Filing Charge Sheet (or) Final report. 11. QUASHING CHARGE SHEET. 12. In the meanwhile return (or) Sec. 451 & 452. Disposal of Property. 13. Alteration of Charges by Sce. 216. Magistrate (or) NUMBERING CHARGE SHEET Sec. 62 (3). AND ISSUING SUMMONS TO ACCUSED. 14. APPEARANCE OF ACCUSED BEFORE COURT. Assistance to Public Prosecutor . Sec. 301(2). 15. FURNISHING CASE COPIES Sec. 207. TO ACCUSED. 16. DISCHARGE if necessary (if i. In Sessions cases U/S. 227. offence has not been made ii. In Warrant Cases instituted on out). a police report. U/S. 239. iii. Cases instituted otherwise on a police report. 1. U/S. 245 (1) after taking evidence. 2. U/S. 245 (2) at any stage. iv. In Summons cases U/S 258. 17. EXAMINATION in warrant Sect. 240. cases. HEARING ON CHARGES in Sec. 228. sessions cases. Conviction on plea of guilty. in Session case Sec. 229. in Warrant case Sec. 241. 18. PLEA OF BARGAINING. 19. WITHDRAWAL OF CASE. i. Before charge has been framed Sec. 321(a). ii. After charge has been framed Sec. 321(a). iii. IF SUMMONS CASE. Sec. 257. WITHDRAWAL OF PROSECUTION. 20. Compounding of offence. Sec.320. 21. EXAMINATION OF WITNESS i. In camera proceedings (Sec. / TRAIL. 327). ii. First Prosecution has to start. 1. EXAMINATION IN CHIEF. 2. CROSS EXAMINATION. 3. Re-Examination (if necessary). (Sce. 311) 4. Re-Cross Examination. 22. EXAMINATION. U/S. 313. 23. ORAL (or) WRITTEN Sec.314. ARGUMENTS. 24. Discharge (if “Disproved”) (or) Framing of new Charges. 25. JUDGMENT. i. Acquittal. (if “Not proved”) ii. Admonition. (Sec. 360). iii. CONVICTION. 26. SUSPENSION OF SENTENCE Sec. 389(3). AND BAIL. 27. Revision. Sec. 399. 28. Appeal & i. APPEAL BY ACCUSED IN CASE OF CONVICTION (Sec. 374). ii. Appeal in case of deAcquittal. (Sec.378). iii. Appeal in case of Acquittal by Defacto-Complainant. Sec. 378 (4)). iv. Appeal by the State Government against the sentence Sec. 377). Bail in Appeal.