In this Article, I prefer to inform the audience about various stages involved in a Criminal Case. Otherwise, a Case can be broadly divided into three Stages. they are;

1. Pre-Trial
2. Trial
3. Post-Trial

To make readers easily understand the stages in Criminal Case, I avoided discussing under those abovementioned three heads, but broken down those stages further. Since I wish to write on this further, let the readers take this as begining on this series of commentaries!

Stage 1:

• A person who is aggrieved over injury caused on to him by another person approach Police and give his Complaint in written. If the person is incapable to write a Complaint, under his instructions, anyone can write a Complaint, read out its substance and then get the Complainant signature affixed in it.   

Stage 2:

• Police upon receipt of a Complaint, legally required to issue a CSR – an acknowledgement for the receipt of the Complaint. CSR set in motion for inquiry / investigation into the Complaint.   

[What if the Police does not register a Complaint? – Should the Complainant was denied of registering his Complaint by the Police, then the Complainant has to raise the matter with the senior Official such as Superintendent of Police [in rural], Commissioner of Police [in the City]. Law does not bar the Complainant to report the matter for non-registering his Complaint to any officials above Inspector of Police and below Superintendent of Police or Commissioner of Police.  

• In case, the Complainant was caused damages on his body and limbs and he was hospitalized then the Police has little option from denying registering a Complaint but to issue an FIR.

Note: Hence issuance of CSR or FIR which purely depends on the nature of offences. Otherwise, nowhere in the Code of Criminal Procedure the words “CSR” or “FIR” is specifically mentioned or defined.

Stage 3:

• The Police [after issuing a CSR] gets into action by summoning the Accused for inquiry on a pre-determined date and time.

• Upon inquiry if the Police finds prima facie case made out against the Accused, it will convert the CSR into FIR.

Or,

• If the case turned out to be a non-cognizable nature, the Police then instruct the Complainant to seek remedy from the Court under Section 155 of Cr.P.C.     

Stage 4:

• For Option 2b and 3a, the Police immediately upon issuing an FIR [after conducting investigations] will arrest the Accused [if required to be].

• For Option 3b, the Complainant has to institute a Direction Petition under Section 156[3] of Cr.P.C. before the Jurisdictional Metropolitan Magistrate Court under whose jurisdiction the Police who refused to register his Complaint.  

Stage 5:

• Refer Option 4a – the Accused, if not arrested by the Police, he would seek Anticipatory Bail [AB] under Section 438 of Cr.P.C. before the Jurisdictional Sessions Court / District Court or in the High Court of the State.

• If AB was granted by the Court then the Respondent Police has no powers to arrest the Accused.

• If AB was not granted by the Sessions / District Court then the Accused has an option to approach High Court of his State and even in the High Court if the Accused failed to secure AB, then

• The Accused has to seek Regular Bail under Section 437 of Cr.P.C. from the Jurisdictional Magistrate Court, for which he needs to produce himself before the Court.

• If the Court found sufficient reasons to grant regular Bail, it would do so, if not, it will remand the Accused into Judicial Custody or even allow Police Custody – however, all those depends upon the reply from the Police / Prosecution and Accused Counsel’s Response and above all the gravity of offence committed by the Accused.        
• Refer Option 4b, the Jurisdictional Court upon receipt of the Direction Petition, number it under Criminal Miscellaneous Petition [CMP], then take it on its files, hear the argument of the Counsel and peruse the documents filed therein. Documents, here I necessarily mean;

• Complaint Copy filed in the Police Station.

• Steps taken by the Complainant in escalating the matter with the higher official in the Police – such as proof of delivery of the Complaint made available to them.

• If the Court found reasons to believe prima facie offence was commissioned by the Accused, then it will direct the Respondent Police to investigate the matter further, register a Complaint and report to it the status of the same.

If not,

• If the Court dismissed the Direction Petition, then the Complainant has no other choice but to seek relief [on directing the Respondent Police to take up his Complaint] under Section 482 of Cr.P.C. in the High Court of his State. 

Stage 6:

• Refer Option 5a, if the Jurisdictional Court grant Bail then the Accused cannot be arrested by the Police. However,

• If the Court declined to grant Bail, then the Accused was sent to Jail and in such case, even the Court would allow Police Custody for further inquiry.

• In such case, the Accused has no other choice but to apply for Regular Bail before the Sessions / District Court under Section 437 read with Section 439 and even there he failed to secure Bail then he can exercise other legal option to approach the High Court under abovementioned similar provisions. 

• Refer Option 5b, the Respondent Police upon receipt of the Magistrate Court’s Order register an FIR and proceed with arresting the Accused.

• What are all the options available to the Accused from getting arrested by the Respondent Police – Please refer Stage 5 and 6

Stage 7:

• Based on [number of] years of punishable offence, the Police files its Charge-sheet / Final Police Report in the Jurisdictional Courts – Magistrate Court or Sessions / District Court.

• However, even if Charge-sheet / Final Police Report was filed in the Magistrate Court and it was found by the concerned Magistrate that the Trial should be conducted by the Sessions / District Court, the Lower Court would then commute the case to the Appellate Court.

• Similarly, if the Trial Courts, be it Magistrate Court or District / Sessions Court found that only a Special Court [which was originally formed to handle such cases] then the same would be referred to such Court.

Stage 8:

• Copy of the Charge-sheet filed in the Court was given to the Accused. Complying Section 207 / 208 of Cr.P.C. If the Trial is to be conducted by the Magistrate Court then Section 207 Cr.P.C. would be followed, if the Trial has to be conducted by the higher Court then Section 208 Cr.P.C. would be followed.

Stage 9:

• Immediately upon receipt of the copy of the Charge-sheet / Final Police Report from the Court, if the case is tried by the Magistrate then under Section 239 of Cr.P.C. the Accused pray for his Discharge from the case and if tried by the District / Sessions Court then under Section 227 Cr.P.C. prays for his Discharge.

• The Trial Court if discharged the Accused from the case then the case gets closed, if not, the case goes to next stage.

Stage 10:

• The Trial Court; if it is a Magistrate Court then under Section 240 Cr.P.C. frame charges against the Accused, and, if it is a Sessions / District Court then under Section 228 of Cr.P.C. frame charges.

Stage 11:

• The Court; be it a Magistrate Court or the Sessions / District Court then under Section 313 of Cr.P.C. asks Accused whether he plead guilty of the charges framed against him, if the Accused pleads guilty then under Section 241 Cr.P.C. the Magistrate Court would convict the Accused in its discretion. Whereas, under Section 229 of Cr.P.C. the Sessions Court would decide the conviction.

Stage 12:

• The Accused however pleads not guilty then the Trial Court would conduct Trial as follows;

• The Witnesses shown in the Charge-sheet / Final Police Report will be examined in Chief i.e. the Prosecutor would raise certain questions like why he has come to the Court and what he needs to say on the crime….

• During Chief Examination of [every] Witnesses, the Court would give an opportunity to the Accused to Cross Examination of the Witnesses.

• Provided the Accused failed to Cross Examine the Witness on the given opportunity then only available option to the Accused is he has to recall those Witnesses under Section 311 of Cr.P.C.    

• When all the Prosecution Witnesses were examined in Chief and Cross then the Sessions / District Court found prima facie case was not established by the Prosecution then it would acquit the Accused under Section 232. If the Trial was before the Magistrate Court there is no provision that the Court would acquit the Accused but to allow   the Accused to produce his witnesses under Section 243 of Cr.P.C. Should the Accused pleads himself to be allowed as Witness he can do so under Section 315 of Cr.P.C.        

Stage 13:

• If the Accused stood himself as Witness then he could be examined in Chief and Cross by his Counsel and Prosecution. The Court would record his statements accordingly.

• If the Accused declines the opportunity of being himself a Witness or production of any other Witnesses then the Court would close the evidence stage and goes to the next Stage.

Stage 14:

• Now the Court set the stage for questioning under Section 313 Cr.P.C. and asks Accused whether he still pleads guilty of the offence and if he pleads not then the Court would close the stage and calls for Oral and Written Arguments.

Stage 15:

• The Court then hear Oral Arguments made by the Prosecution and the Accused and takes up the Written Arguments filed under Section 314 of Cr.P.C. After an opportunity of being heard of both sides Arguments, the Court closes the stage and post the date for Judgment.

Stage 16:

• Whether the Court would acquit or convict the Accused the Trial would ceases there itself. There is no provision in law to reopen the Trial by the same Court which heard the matter.

Stage 17:

• Both Prosecution and Accused have options to challenge the Judgment of the Trail Court provided they are not convinced with the Judgment on the grounds of low punishment or acquittal or conviction. Obviously, the Prosecution has grounds for low punishment or acquittal whereas the Accused would challenge the Judgment for his conviction.

Stage 17:

• If the Accused prefers to challenge the Trial Court Judgment he immediately files a Petition in the Appellate Court [Challenging Magistrate Court Judgment or Assistant Sessions Court Judgment he can file his Appeal in Sessions Court itself. If challenging Principal Sessions / District Court Judgment he can institute an Appeal Petition in the High Court]. Appeal could be filed under Section 374 read with Section 382 Cr.P.C.

Stage 18:  The Appellate Court found reasons to believe that the First Instance Court committed grave error in delivery of justice towards the Accused or Victim, it could either decrease the punishment or acquit the Accused or increase the punishment.