What is the procedure to file a criminal case?

  • What is the procedure to file a criminal case?

    Date : 10-05-2019 18:14

    Filing a criminal case can be rather a messy procedure. Lawtendo helps you go through it in a easier method. Lawtendo offers 5,000 lawyers in their network base spread over 60+ cities, Lawtendo is one of the growing and leading platforms of help and legal solutions. You can consult the lawyer online and also ask legal advice online. Lawtendo lets you find the lawyer anywhere in India online.

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    The method includes:

    -Registration of F.I.R: Lodged under section 154 with its main object is to set the criminal law in motion. FIR means the information to the officer in charge of a police station in relation to the commission of a cognizable offence

    -Investigation :It includes all the efforts of a police officer for collection of evidence.The investigation ends with a police report to the magistrate.It leads an investigating officer to reach a conclusion whether a charge-sheet has to be filed or a closure report has to be filed.

    -Framing of charges: The trial shall begin by framing a charge (nothing but a specific accusation against the accused) and reading and explaining it to him (so that he knows what he is to force).

    -Prosecution Evidence: Examination of prosecution witness by the police prosecutor, marking of exhibits and cross examination by defense counsel.

    -Statement of the Accused: Section 313 of the Criminal procedure code empowers the court so as to ask for explanation from the accused if any In order to give an opportunity of being heard and explain the facts and circumstances appearing in the evidence against him. Under this section, an accused is not administered an oath he may also refuse to answer the questions so asked.

    -Evidence of Defense:In cases of accused not being acquitted by the court, the defense is given an opportunity to present any defense evidence in support of the accused. Also, the defense can also produce its witnesses and the said witnesses are cross- examined by the prosecution.

    -Final arguments on both the sides: Once the public prosecutor and the defense counsel present their arguments, the court generally reserves its judgement.

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