stages of criminal trial|pre trial procedure in crpc|post trial procedure in crpc

Summary

This detailed legal lecture, conducted in Urdu, explores the various stages of criminal law proceedings under the CrPC (Criminal Procedure Code) of Pakistan. It covers the filing of complaints, distinguishing between cognizable and non-cognizable offenses, and the process of investigation, arrest, and remand. The lecture also delves into bail procedures, submission of investigation reports, and charge framing. It explains different trial types including summary trials and trials in absentia, providing a comprehensive guide to the criminal justice process. The content serves as an insightful resource for understanding legal procedures in criminal cases.

Takeaways

• 😀 Takeaway 1: The legal process begins with filing an FIR at a police station or a private complaint (Istaghasa) with the Magistrate under Section 200 of the CRPC, depending on the nature of the offense.
• 😀 Takeaway 2: If the Magistrate finds insufficient grounds for proceeding with the complaint, it can be dismissed under Section 202/203 CRPC. However, if the Magistrate deems an inquiry necessary, they may order an investigation under Section 202 CRPC.
• 😀 Takeaway 3: A case is categorized as either cognizable or non-cognizable. Cognizable offenses allow police to register an FIR and conduct investigations, while non-cognizable offenses are only recorded in a 'Rapat' register, and investigation requires Magistrate's permission.
• 😀 Takeaway 4: In cases of cognizable offenses, police can arrest without a warrant, while for non-cognizable offenses, arrests require a warrant.
• 😀 Takeaway 5: After registering an FIR or Rapat, the police may arrest the accused and are required to present them before a Magistrate within 24 hours, or seek physical remand for further investigation.
• 😀 Takeaway 6: If the investigation is incomplete after 24 hours, the police may seek a physical remand for up to 3 days. The Magistrate assesses if the investigation is still necessary or if the accused can be sent to judicial remand.
• 😀 Takeaway 7: In cases involving bailable offenses, the police or Magistrate can release the accused on bail. In non-bailable offenses, bail is decided by the Magistrate after evaluating the evidence and circumstances of the case.
• 😀 Takeaway 8: If the police investigation finds no substantial evidence, they can file a discharge report under Section 169 CRPC, and if the Magistrate agrees, the accused can be discharged.
• 😀 Takeaway 9: Once the investigation is complete, the police file a charge sheet (Challan) under Section 173 CRPC. The Magistrate then frames formal charges against the accused, detailing the offenses and evidence against them.
• 😀 Takeaway 10: The trial may proceed in different forms, including summary trials for minor offenses (punishable by up to 3 months) or lunatic trials for individuals with unsound minds. Appeals can be filed under Sections 417, 408, and 410 CRPC in the higher courts, with a revision remedy available if an appeal is not possible.

Q & A

What is the difference between a 'Private Complaint' and an 'FIR' in criminal law?

A 'Private Complaint' is filed directly with a magistrate under Section 200 of the CRPC, usually when the police are not involved in the matter. In contrast, an 'FIR' (First Information Report) is filed with the police station for cognizable offenses where the police have the authority to investigate and make arrests.

How does the magistrate decide whether to proceed with a case after a private complaint is filed?

After a private complaint is filed, the magistrate examines it. If the complaint appears baseless or lacks grounds, the magistrate may dismiss it under Sections 202 or 203 of the CRPC. However, if there is sufficient reason to investigate further, the magistrate can order an inquiry or investigation by the police.

What is the difference between 'Cognizable' and 'Non-Cognizable' offenses?

Cognizable offenses are serious crimes that allow the police to arrest without a warrant and investigate without prior approval from a magistrate (e.g., murder, robbery). Non-cognizable offenses are less serious, and the police cannot arrest without a warrant or begin an investigation without the magistrate's permission.

What happens when a police officer files an FIR for a cognizable offense?

When the police file an FIR for a cognizable offense under Section 154 of the CRPC, they are authorized to investigate the crime and make arrests without a warrant. The police will then proceed with an investigation to gather evidence.

Can the police arrest someone without a warrant in case of a non-cognizable offense?

No, the police cannot arrest someone for a non-cognizable offense without a warrant. Additionally, they need the magistrate's permission to investigate the matter further.

What is the process of obtaining a physical remand in a criminal case?

If the police need more time to investigate or recover evidence, they may request a physical remand. The magistrate will review the case, and if there is a valid reason, such as pending investigations or recovery, the magistrate will grant the remand. If the investigation is complete or no further recovery is needed, the magistrate may opt for judicial remand instead.

What is the difference between 'Judicial Remand' and 'Physical Remand'?

Judicial remand means the accused is sent to jail while awaiting trial or further investigation. Physical remand, on the other hand, allows the police to keep the accused in custody for investigation purposes, often for a specified period.

What role does the magistrate play when an accused person is arrested in a non-bailable offense?

In the case of a non-bailable offense, if the police do not grant bail, the magistrate has the authority to decide whether bail should be granted or if the accused should be sent to judicial remand. Bail is usually not granted unless certain conditions are met.

What is a 'Charge Framing' procedure in criminal trials?

Charge framing is the formal process in a criminal trial where the magistrate or judge informs the accused of the specific charges against them, including the details of the offense. This is done to ensure that the accused understands the allegations and can prepare their defense.

What happens after the police complete their investigation and file a charge sheet?

After the police complete their investigation, they submit a charge sheet (also called a challan) under Section 173 of the CRPC. If the evidence is sufficient, the magistrate will frame charges and proceed with the trial. If the evidence is insufficient, the accused may be discharged.