INVESTIGATION AND TRIAL OF OFFENCES INVESTIGATION OF OFFENCES Investigation • F.I.R- Information of the commission of cognizable offence given to the officer-incharge 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 bailable offences. • Bail mandatory in nonbailable 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 – 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. • 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 • 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