Any law prohibited by law and punishable by law or omitted is an offence. The punishment for such crimes is determined by following the procedure of criminal trial. Criminal justice in India has a well-integrated statutory, administrative and judicial structure. The entire criminal law consists of three main laws –
- Indian Penal Code, 1860
- Code of Criminal Procedure, 1973
- Indian Evidence Act, 1872.
Classification of criminal law:
Substitute Criminal Law or Actual Criminal Law Procedural Criminal Law or Adjective Criminal Law.[1] Indian Penal Code, 1860
1. Code of Criminal Procedure, 1973
2. Indian Evidence Act, 1872
The Indian Penal Code and the Code of Criminal Procedure together are known as the “twin sisters” of criminal law.
Code of Criminal Procedure The procedural law governing the conduct of criminal proceedings in India. These include evidence gathering, evidence verification, interrogation of defendants, arrests, protections and procedures adopted by the police and courts, bail, criminal proceedings, a conviction procedure, and a defendant’s rights procedure.
The Indian Penal Code is the primary penal code of India, which applies to all offenses. The Indian Evidence Act is a broad treaty on “evidence” law, which can be used in a trial, the method of producing evidence in a trial, and the value related to evidence that may be attached to such evidence.
Types of criminal justice:
- Warrant trial
- Summons trial
- Summer trial
Warrant case:
A warrant is a case under Section 2 (x) of the Criminal Procedure Code, 1993, which deals with the offense punishable by death, life imprisonment, or imprisonment for a term not exceeding two years. Warrant cases are tried either by filing an FIR with the police station or by filing a complaint with a magistrate. Later, if the magistrate is satisfied that the offense is punishable by more than two years, he sends the case to the Sessions Court for trial. The process of sending it to the Sessions Court is called “it is committed to the Sessions Court”.
Important features of the warrant case are:
The charge must be mentioned in the warrant case
The personal presence of the accused is mandatory
Warrant cases cannot be converted into summons cases
Defendants may cross-examine witnesses more than once.
The provisions of Article 207 of the Magistrate should be confirmed.
207 CRPC of the department include the supply of copies to the accused in 1973 such as police report, FIR, recorded statement, or any other relevant document.
Section 238 of the Criminal Procedure Code, 1973 has been given to Section 2 250 at the trial stage in the warrant case.
Summons case:
19 According to Section 2 (W) of the Criminal Procedure Code, 1973, cases in which an offense is punishable by imprisonment for less than two years are summonses. The method of preparing evidence is not required for the summons case. Nevertheless, a summons can be converted into a warrant case if the summons is not a critical case.
The important thing about summons case
A summoned case can be converted into a warrant case.
The accused does not need to appear in person.
The accused must be informed of the allegation orally. There is no need to form a written complaint. Defendants have the only opportunity to cross-examine witnesses.
Summary trial:
Matters that usually take only one or two hearings to decide a matter fall under this category. Short trials reduce the burden on the courts for minor offenses and save time and money. Cases in which a crime is punishable by imprisonment for more than six months may be summarized. It is noteworthy that a person cannot be sentenced to more than three months imprisonment if the case is tried briefly.
The judicial process is provided in Sections 260 to 265 of the Code of Criminal Procedure.
The stage of criminal summary in short
The summary judgment should be recorded with evidence of the judge and a brief statement of the court’s findings.
By Moumita Muhuri, 3rd year of Shyambazar Law College.
[1] All about the various stages of a criminal trial in India-https://blog.leaders.in/all-about-the-various-stages-of-criminal-trial-in-India/.
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