Bballb Code of Criminal Procedure Paper Id 038310 Investigation and Trial of Offences

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BBALLB
(Sixth Semester)
Code of Criminal Procedure

Paper Id 038310
INVESTIGATION AND TRIAL

OF OFFENCES
By: Mr.Naveen Jaspal
AP(LAW)
Investigation
• F.I.R- Information of the commission of cognizable
offence given to the officer-in-charge of the police
station having jurisdiction to investigate the
offence.
• Officer-in-charge of the police station conducts
investigation
• Files police report or charge sheet along with
statements recorded and evidence collected before
the Magistrate having jurisdiction to try the case.

• If no enough material is found to file a charge sheet
against the accused, the officer has to send a report
to that effect to the Magistrate and release the
accused on bail.
• Information regarding non-cognizable offence,
when given has to be entered in the station diary
and informant referred to the Magistrate.
• Police officer has to maintain a case diary to record
the progress of the case investigated by him on day-
to-day basis.

• If the police officer refuses to register a case,
information can be sent to the
Superintendent of Police in writing by post.
• Information regarding the commission of an
offence may be given in the form of a
complaint to the Magistrate, having
jurisdiction to try the case.

Bail
• Bail – Security for appearance before the court for
trial or examination when required.
• Bail mandatory in bail able offences.
• Bail mandatory in non bail able offences
– When investigation is not completed within the
stipulated period
– When trial is not completed within the stipulated
period
– After trial, no ground to hold him guilty.
Bail
• Bail – Discretionary in the other cases.
• Factors to be taken into consideration:
– Gravity of the charge
– Nature of evidence against accusation
– Danger of evidence being tampered
– Likelihood of accused fleeing from justice
– Opportunity to prepare defence
– Health, age and sex of the accused.
Anticipatory Bail
• Anticipatory bail – Person having reason to believe
that he may be arrested for a nonbailable offence
may apply to the High Court or Sessions court for
anticipatory bail.
• Factors to be taken into consideration:
– Antecedents of the applicant, nature and gravity
of accusation, possibility of fleeing from justice,
whether accusation is made to humiliate the
applicant.
Anticipatory Bail
• Magistrate can take cognizance of a case
– Upon a complaint
– Upon a police report
– Upon information given by any person other
than a police report
– Upon his own knowledge

Anticipatory Bail
• Compelling appearance of person – processes
– Summons, Warrant of arrest
– Proclamation and Attachment of property
• Compelling production of things –processes
– Summons, Search with warrant
– Search without warrant and Seizure

TRIAL OF OFFENCES

CONCEPT OF FAIR TRIAL
• Adversary system of criminal trial
• Presumption of innocence of the accused
• Independent, impartial and competent
judges to try the accused in open court
• Venue of the trial
– place where offence is committed
• Right of the accused to know the accusation
– Framing of charges
CONCEPT OF FAIR TRIAL
• Right to be defended
• Right to legal aid
• Evidence to be taken in the presence of the
accused
• Right of cross-examination of prosecution
witnesses
• Right to produce evidence in his defence
• Right to speedy trial
TRIAL OF OFFENCES
FOUR types of trails
• Trial by Court of Session
• Trial of Warrant cases
• Trial of Summons cases
• Summary Trial

TRIAL - Court of Session
• Cannot take cognizance of an offence on its
own
• Case has to be committed to it by a
Magistrate taking cognizance

TRIAL – Summons cases and Summary
trials
• Accused is informed of the accusation made
against him
• If he pleads guilty
– He may be convicted
• If he pleads not guilty
– Evidence of the prosecution and the defence is
taken
– Based on these, accused is
• Acquitted or
• Convicted of the offence
PROCEDURE FOR TRIAL
• Accused is brought before Magistrate
• Magistrate to ensure that all documents and
police report are furnished to him
• Magistrate to
– Examine the material placed
– Hear the prosecution and the accused
• If Magistrate feels that charges leveled are
groundless
– Discharge the accused
PROCEDURE FOR TRIALS
• If Magistrate feels that charges leveled are
not groundless
– Frames charges
– Explains the charges to the accused
– Asks him if he pleads guilty OR
– Fix date for examination of prosecution
witnesses and summon them
– Examine the prosecution witnesses on date fixed
– Summon the defence witnesses and take their
evidence
PROCEDURE FOR TRIALS
• After considering all the evidence,
– if Magistrate feels that the accused is not guilty
• Acquit him
– if Magistrate feels that the accused is guilty
• Convict him
• Give a hearing to accused on sentence
– Release him on probation if permitted by law or
– Pass a sentence


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Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

Code of Criminal Procedure

INVESTIGATION AND TRIAL

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

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