An Overview of our Criminal Justice System

Civil Case- Violation of rights of specific people, Effected person goes to the court directly(or through a lawyer) and proceedings start in court.All expenses are to be born by the parties. Both the parties have to engage their own lawyer.A decision clarifying the rights of the parties is pronounced- no punishment as jail etc.

Criminal case- Commission of offence as defined under criminal laws. Generally the process starts at Thana.Govt. takes care of the expenses on behalf of the victim.Public Prosecutor is appointed on behalf of the victim.Accused if found guilty is punished by imprisonment , fine, or in few cases by death penalty

Criminal law mainly involves:-

The Code of Criminal Procedure 1973. A law which mainly contains as to how police and criminal courts would proceed in a case.

The Indian Penal Code 1860- a law which contains various offences and its punishment

The Indian Evidence Act 1872- contains a set of rules and allied issues governing admissibility of evidence in the courts of law.

Reporting the Offence

Cognizable – Immediate FIR – Investigation - Arrest without Warrant

Non Cognizable- Entry in separate register (NCR)- Investigation only on order of the court- Warrant from the court necessary for making arrest.

Note: A list of Cognizable and non Cognizable offences is given in Cr.P.C.

FIR (First Information Report)

NCR(Non Cognizable Report)

-Any kind of evidence or witness not required at the time of lodging of FIR. -Report can be given orally or in writing. -Without Lodging FIR Police cannot start investigation.-Complainant has right to get a copy of FIR free of cost.

What in case police refuses /avoids to lodge an FIR?

LALITA KUMARI v. GOVT.OF U.P.& ORS.

FACTS: A Minor Girl was kidnapped. Lalita Kumari went with a written complaint to the Police Station. The Officer In Charge did not take any action on the same. The FIR was registered after she approached the Superintendent of Police.

“In case F.I.Rs are not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same.”

Arrest

-Police has to inform about the reason of arrest.

- Police has to inform the relative/friend of the arrested person immediately.

-Arrested person be produced before the concerned magistrate within 24 hours.

- Special provisions for arrest of a woman .

- Memo of arrest , Inspection memo

- Right to medical examination on every 48 hours.

-Right to consult the lawyer of one’s choice.

Bail

Bailable OffenceNon Bailable Offence

------------------------------Investigation, Charge sheet, trial, Conviction/acquittal

Thank You!

Presented as part of We the People programme by:

Sanah SiddiquiLawyer and legal rights trainer

sanahsiddiqui@gmail.com