When a person commits a crime and the government determine a punishment under state law is called criminal case. It may be either fined, imprisonment or both. In other words criminal action is brought by the government or government body to determine whether the accused individual committed the unlawful act against the provision. In simple language a criminal is an unlawful act punishable by state government, central government or both related body.
In our country criminal law is govern by India Panel Code, CRPC and Evidence Act etc. This body of rules defines conduct prohibited by the government because it threatens and harms public safety and welfare that establishes punishment to be imposed against such acts.
Criminal Procedure Code (Cr.P.C.) is the main legislation Procedure for administration of Criminal Law in India. This law was enforced in 1st April 1974. Provision of this law is the investigation of crime apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused individual and determination of punishment of the guilty. There are certain other laws, which have been enacted to deal with criminality in special circumstances. Unless the allegation against the accused are proved on reasonable doubt the accused is presumed to be innocents. In our country the courts particular Hi Courts and Supreme Court have been proactively guarding the rights of the accused. Article 21 of the Indian Constitution provides a highly dynamic manner to protect life and liberty as well as nights of the citizen. It also incorporates the principles of natural justice. As per Indian Criminal Law we can categorized following important types of criminal law.
- Billable Offence– under Section 436 of Cr. P.C. subject to fulfilment of certain condition if an individual commits an offence that is boilable, the police is authorized to give a bail to the accused at the time of detention or arrest.
- Non- Boilable Offence– An offence in which the bail cannot be granted without the order of a competent court. Under Section 437 and 439 of Cr. P.C. an accused can apply for grant a bail to the competent court. Grant of bail in non-boilable offence is subject to judicial discretion of the court and it is governing by the Supreme Court.
- Cognizable Offence- The offence in which a police officer can arrest without a warrant. This provision has been stated under section 2 © of Cr. P.C.
- Anticipatory Bail- under Section 438 of Cr. P.C. if a person who apprehends arrest on a wrong accusation against committing a non-boilable offence, he/she can apply for a direction to police to immediate release before a compet3ent court. The grant of such bail is discretionary and department on the nature of accusations.
- Non- Cognizable Offence– The offence in which a placer has no right to arrest without a warrant. This provision has been stated under section 2(1) of Cr. P.C.
- FIT (First Information Report) – FIR is a documents prepared by the Police as they receive information about the commission of a cognizable offence. It generally know for a complaint lodged with the police by the victim of cognizable offence. This complaint can be lodged either by victim or someone on his or her behalf. Place investigation follows this FIR.
Criminal cases need evidence to prove guilt. The ways through which evidence is gathered are crucial to prove either guilt or innocence before the court. If evidences are not gathered properly under timeline then the forensic value of the evidence may mean little. However the police could lock up anyone they want to crime and such action there are no rules or evidence. Indiana Evidence Act Provides the provision for such action. It refers the types of evidence (Primary and Secondary) what is admissible in the court. Often the circumstances around the criminal even are enough to prove guilt even if there are no witnesses to murder or any proof of who committed if. Such evidence is called “Circumstantial Evidence”
The criminal investigation process and prosecution in India can be initiated according to the following manner-
- Under Section 190 of Cr. P C. in case of non-cognizable offence police is not entitle to investigate the judicial process can be started by filing a criminal complaint before the competent court.
- Under Section 156 (1) of the Cr. P.C. any police officer can investigate the cognizable case even without the orders of magistrate based on the complaint/ reporting knowledge of a cognizable offence.
Under Section 190 of Cr. P.C. a criminal complaint can be filed before a magistrate in case of failure or in action to investigate a cognizable offence by a police officer. Magistrate himself can take cognizance of the case and its enquiry.
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