The Chargesheet consist of; A detailed report on Crime committed by the Accused and how the investigation was carried out and concluded. The list of Witnesses and how they relate to the Crime and what would they explain in the Court about the incident and such similar things. FIR Complaint made by the Defacto Complainant […]
The Chargesheet or Final Police Complaint is a set of papers presented in the Court to set in motion the Trial proceedings of the Case. Section 173 of Cr.P.C. deals with Chargesheet.
A Trial can never be conducted in the absence of an Accused, however, it could be done only on certain conditions; If the Court has already dispensed with personal attendance of the Accused and in such case it is must that his Counsel be present in the Court during Trial and / or proceedings of[…..]
Yes. The Counsel of the Defacto Complainant in the Police Case can assist the Prosecution only for limited purposes. Otherwise, it is settled in law that the Counsel can’t place his arguments before the Court and or allowed to bring any fresh evidences not directly but only through Prosecutor.
Yes. In a Police instituted Case, if the offence is charged less than 2 years then the Jurisdiction Court can handle such case under Summary Trial.
All those Summons cases including those cases identified under Sections 260 of Cr.P.C., wherein punishment does not exceed 2 years are subjected to Summary Trial. Summary Trial is a shorter than the Regular Trial done on the Police Complaint [Calendar Case]. Conviction exceeding 3 months is not allowed under Section 262 of Cr.P.C. and at[…..]
Yes, the Court can conduct Trial with the available Accused under Section 317[2]. However, it is only on certain situations; either the Accused in the case was death or absconding and even after reasonable resources and time spent on him in tracing, but failed to trace by the Police.
The Trial of the Case begins with the Accused after receiving Summons enters into defence by receiving copy of the Complaint and typeset. The Second stage is Accused Counsel to Cross Examine the Complainant immediately after his Chief heard by the Court. [It is important to note that readers should not get confused or compare[…..]
In Criminal Laws, there are few stages in Trial and they differ according to the status of the Complainant – if the Complaint before the Court instituted by the Police, then the procedure is bit longer and when the Complainant is a private person or a statutory bodies then the procedure is short. Firstly, framing[…..]
Be it Civil or Criminal, Family or Labour or Company, the Court has to progress with the case it handles stage-wise and one such stage is called Trial. Otherwise, in Criminal Courts, a stage is set for Trial only after numbering of the Complaint as a Calendar Case [Court allows a Complaint filed by a[…..]