It’s crucial to understand the stages of a criminal case in India whether as an accused, victim, or as a legal professional.
Under the Criminal Procedure Code (CrPC), and now the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the criminal justice system follows a structured sequence from FIR to final judgment.
If you want to get a good grasp of the different stages of criminal cases under the Indian laws, go through this guide with all the CrPC Stages in detail. This guide also highlights recent BNSS reforms, and answers common questions about timelines and procedures.
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Famous Criminal Cases in India
India, over the years, has witnessed a number of high-profile criminal cases that have captivated the public imagination. The Nirbhaya case (2012), the Jessica Lal murder case (1999), and the Aarushi Talwar double murder case (2008) are just a few that not only began country-wide outrage but revolutionised legislation and rallied the public.
Each of these historic criminal cases in India revealed loopholes in the investigative and law enforcement process and illuminated the judicial process.
Crime Case Study: How a Trial Works
To know how a trial proceeds in the situation of a criminal prosecution in India, we can take the following example: when the accused is brought before a magistrate upon arrest, and bail is released, the case is then started.
The prosecution presents evidence, calls witnesses, and the defence cross-examines witnesses. The judge delivers the verdict of guilty or otherwise upon hearing the evidence and arrives at a verdict.
The defence or the prosecution can attempt to appeal the verdict through various novel legal avenues. Indian crime case studies demonstrate diverse transitional problems, such as provision of an attorney, duration of the legal proceedings, absence of evidence and thus absence of a verdict.
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CrPC vs BNSS 2023: What Changed?
It’s important to note that the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces the CrPC stages, with significant changes such as mandatory forensic investigation for some offenses, more use of technology in legal procedures, and revised police custody rules. Additionally, it also abolished some lower judicial posts.
BNSS also includes some newer provisions and modernizes the language to make the legal code cleaner and simpler. The following are the noticeable and most critical changes from CrPC to BNSS 2023:
|
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 |
Code of Criminal Procedure (CrPC), 1973 |
|
|
Forensic Investigation |
Mandatory for offenses that can put the accused in prison for seven or more years. |
No such mandatory forensic investigation rule. |
|
Technology |
Promotes the use of technology for trials, appeals, and submissions. The use of electronic records, such as SMS, as evidence is prominent with BNSS (2023). |
Limited use of technology. |
|
Police Custody |
The police can seek up to 15 days of custody in parts, over a period of 40 to 60 days from the starting date of detention. |
Police custody was limited to 15 days from the start of detention. |
|
Procedural Updates |
Mandates video recording of the entire court proceeding. |
No such provision. |
|
Judgment Timeline |
Requires judgments to be pronounced within 30 days of the conclusion of arguments. |
No such specific timeline mentioned. |
|
Judicial Roles |
Abolishes different posts such as Judicial Magistrate of the third class, assistant session judges, and Metropolitan magistrates. |
Posts existed under the CrPC stages and its framework. |
|
Language |
Replaces outdated terms like "pleader" and "judicial magistrate, first class" with modern terms. |
Uses older, more traditional terminology. |
|
Structure |
Consolidates and reorganizes provisions for better clarity. |
It had 484 sections. |
|
Sections |
Contains 531 sections, with some new provisions and subsections added. |
It had 484 sections. |
The Significance of these Criminal Cases across CrPC Stages
All criminal cases in India contribute to the legal discourse and policy reform. High-profile cases affect greater public interests and may result in legislative amendments to the law.
For instance, the Nirbhaya case resulted in the Criminal Law (Amendment) Act, 2013, providing harsher punishments for sexual offences. Reading these kinds of criminal cases in India provides you with an insight into the legal process, the judiciary, and how, through the due process, justice can be delivered.
The Criminal Procedure Code of (CrPC 1973) underwent a replacement with the Bharatiya Nagarik Suraksha Sanhita (BNSS) in 2024, which provides reforms to enhance India's criminal justice operations.
The BNSS makes progress through three key elements that decrease court delays and advance technological systems while protecting victim rights during routine trials.
The updated procedure modernises active investigation practices alongside trial procedures and appeal systems with the purpose of improving system performance and promoting transparency and centring victims' concerns.
India demonstrates its dedication to modernising its laws by transforming its jurisdiction for future challenges.The criminal trials in India can be broadly categorised into three stages, namely;
- Pre-trial stage
- Trial stage
- Post-trial stage
Now, each stage requires some detailed steps to be fulfilled, which are described below.
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A. Pre-trial Stage
Following are the pre-trial stages of criminal trials in India:
1. Commission of an offence (cognizable or non-cognizable)
Information to police.
- Information of a cognizable offence.
- Information of non-bailable offence.
Information of cognizable offence :
Under Section 154 of the Code of Criminal Procedure (now Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023), a FIR or First Information Report is registered. FIR puts the case into motion.
A FIR is information given by someone (aggrieved) to the police relating to the commission of an offence. In case of cyber crimes, online complaints can also be reported, and legal assistance can be taken from cyber crime lawyers.
Information of non-cognizable offence :
In case of a non-cognizable offence N.C.R (non-cognizable report) is registered by police under Section 155 of Cr.P.C. (now Section 174 of Bharatiya Nagarik Suraksha Sanhita, 2023), but the police cannot start an investigation or arrest the accused without the order of a Magistrate having the power to try such a case.
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2. Complaint to the Magistrate
Section 2 (h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the term 'complaint as any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. On receipt of a complaint, a Magistrate has several courses open to him.
He may take cognizance of the offence and proceed to record the statements of the complainant and the witnesses present under Section 200 of CrPC stages (now Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023).
Thereafter if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203 of CrPC (now Section 226 of Bharatiya Nagarik Suraksha Sanhita, 2023). If in his opinion there is sufficient ground for proceeding he may issue process under Section 204, Cr PC (now Section 227 of Bharatiya Nagarik Suraksha Sanhita, 2023).
However, if he thinks fit, he may postpone the issue of process and either inquire into the case himself or direct an investigation to be made by a police officer or such other person as he thinks fit to decide whether or not there is sufficient ground for proceeding (Section 202, Cr PC (now Section 225 of Bharatiya Nagarik Suraksha Sanhita, 2023) ).
He may then issue a process if, in his opinion, there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding.
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3. Investigation by Police
Police conduct investigations for
- For the collection of evidence.
- Interrogation statement of the accused;
- Statement of witnesses;
- Scientific analysis/opinion if required. During this time, at any stage decided by the investigating agency, accused persons can be arrested.
In case of a cognizable offence, police can start an investigation after the registration of FIR, no prior approval of the magistrate is necessary. But in case of a non-cognizable offence, prior approval of the magistrate is necessary to start the investigation.
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4. Anticipatory Bail
Upon registration of FIR for a cognizable criminal offence, the accused may make an application for anticipatory CrPC bail in the session court or the High Court. If anticipatory bail is granted, then the accused cannot be arrested.
If anticipatory bail is rejected, then the accused can be arrested without a warrant. Since it is a serious matter restricting the freedom of accused persons, criminal lawyers in Kolkata should be contacted without any latches for cases in Kolkata.
5. Arrest of the Accused
In case of a cognizable offence, police can arrest the accused without a warrant. However, in case of non-cognizable offence, prior approval of the magistrate is necessary.
6. Production of accused to magistrate
Within 24 hours of the arrest, the accused shall be produced before a magistrate having jurisdiction to try such cases.
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7. Remand
Whenever an accused is arrested for any offence and police cannot complete an investigation within 24 hours then such a person is produced before a magistrate to seek an extension of police or magisterial custody.
8. After the investigation is completed
If the investigating agency feels a prima facie case is made out, a charge sheet is filed in Court through the public prosecutor. If police feel that no prima facie case is made out, a final report is filed in Court.
9. Cognisance of Offence by Magistrate
After the filing of a charge sheet, the next stage is taking cognisance of the offence by a magistrate under Section 190 of the Criminal Procedure Code (now Section 210 of Bharatiya Nagarik Suraksha Sanhita, 2023).
In the language of the Hon'ble Apex Court employed in its earliest decision R.R. Chari v. State of U.P AIR 1951 SC 207, “taking cognisance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of the offence"
10. Service of summons/warrant to the accused and Process to compel appearance under chapter 6 of Cr.P.C.
The Court sends a summons to the accused for appearance in the court on the due date.
11. Appearance of accused before court & engagement of advocate.
The accused appears before the court along with an Advocate of his choice to defend him and seek bail if anticipatory bail is not taken.
12. Filing bail application/ furnishing surety.
The accused moves an application for bail, and once the bail is granted, furnishes the required surety to the court as per the order.
13. A decision is taken by the Court after hearing the public prosecutor and the counsel for the defence
On the question of the Charge sheet:
- The court can reject the charge sheet, in which case the accused is discharged. Or,
- The court can accept that a prima facie case is made out, frame the charges, and post the case for trial. The case goes to the next stage.
- The court can accept the final report- the case is closed and the accused is discharged. Or,
- The court can reject the final report and direct the police to further investigate the case. The case goes back to the Stage of investigation. Or, if the Court directs the case to be posted for trial. The case goes to the next stage.
14. Framing Of Charge
After considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be tried.
15. Conviction on plea of guilty
If the accused pleads guilty, the court shall record the plea and may, at discretion, convict the accused.
16. If the accused pleads not guilty
The case is posted for trial to begin the trial of the case and further proceedings as per the Criminal Procedure Code.
B. Trial stage
17. Commencement of trial
Generally speaking, the trial of a case commences when the case is posted for examination of witnesses. The trial may be -
- Sessions trial
- Warrant trial
- Summons trial
- Summary trial
18. Prosecution evidence
After the charges are framed and the accused pleads guilty, the court requires the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support its evidence with statements from its witnesses. This process is called "examination in chief". The magistrate has the power to issue a summons to any person as a witness or order them to produce any document.
19. Statement of the accused
Section 313 of the Criminal Procedure Code (now Section 351 of Bharatiya Nagarik Suraksha Sanhita, 2023) gives an opportunity to the accused to be heard and explain the facts and circumstances of the case. The statements of the accused are not recorded under oath and can be used against him in the trial.
20. Defence evidence
An opportunity is given to the accused in a case where he is not being acquitted to produce so as to defend his case. The defence can produce both oral and documentary evidence. In India, since the burden of proof is on the prosecution, the defence, in general, is not required to give any defence evidence.
21. Final Arguments
The Public Prosecutor and the defence counsel present their arguments.
22. Judgment and sentence by the Court
The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as a judgment.
23. Arguments on the sentence
When the accused is convicted, both sides are invited to give arguments on the punishment which is to be awarded. This is usually done when the person is convicted of an offence whose punishment is life imprisonment or capital punishment.
However, when the sentence is pronounced in a summons case, the parties need not argue on the amount of punishment given. The sentence is at the sole discretion of the judge.
24. Judgment of the Court passing sentence
After the arguments on the sentence, the court finally decides what the punishment should be for the accused. While punishing a person, the courts consider various theories of punishment, like the reformative theory of punishment and the deterrent theory of punishment. The court also considers the age, background and history of an accused and the judgment is pronounced accordingly.
C. Post-Trial Stage
25. Appeal (within a specified period of limitation)/Revision
Appeal can be filed by a party aggrieved by a judgment on acquittal/conviction/sentence. On notice being issued to the opposite parties, arguments are placed before the Appellate court by defence counsel and the public prosecutor. Or,
Revision Application :
Where there is the right of appeal provided but no appeal was filed, then in its discretion, the Sessions Court or the High Court can entertain a revision to prevent a miscarriage of criminal justice system caused by the orders of the lower court.
26. Judgment of the Appellate Court or Court having revisional jurisdiction.
The Court, having such power, can either rebut the lower court's judgment or confirm the judgment pronounced by the lower court.
27. Execution of Sentence.
Finally, if the accused is pronounced convicted by all relevant courts and appellate authorities, then he is sent to jail.
FAQs
1. What is an FIR and when should it be filed?
An FIR (First Information Report) is the initial complaint lodged with the police when a cognizable offence occurs. It should be filed immediately after the incident to start the investigation process.
2. What is the difference between police custody and judicial custody?
Police custody means the accused is kept under police control for investigation, while judicial custody means the accused is sent to jail under the court’s order.
3. Can a convicted person appeal against the judgment?
Yes. Under CrPC, a convicted person has the right to appeal to a higher court within the prescribed time limit.
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