Criminal Law: Understanding the Basics of Criminal Procedure
Crime is something that is increasing day by day. And thus, the need to understand criminal law is mandatory. In this blog post, we will discuss and try to understand the basics of criminal procedure.
Why Do We Need Criminal Procedure Law?
Criminal procedure law deals with what amounts to an offense and the penalties associated with the offenses. However, most punishments are confined to a person’s individual liberty. Imprisonment if someone violates the most basic rights and freedom associated with democracy. That is why we need a law that sets the machinery of the State running concerning enforcing order and law and imparting justice. It also regulated the procedure followed by these organizations.
The criminal course of action code refers to the working of these institutions from when the crime has been committed to the time the sentence opposed to the crime is passed, and the case is closed. It also lays down the procedure and principles that must follow while prosecuting and adjudicating the other claims. To study criminal law, you can refer to some Criminal law textbooks. This book will clear everything related to criminal law. Also, if you want to study any particular book, you can proceed with Criminal Law and Procedure 8th Edition Solutions.
What is an Offence?
An offense is an act of a transgression of the law, either by action or omission. That means there are cases where the law requires you to refrain or abstain from performing a particular act. There may also be a case where the law wants you to take positive action. But failing it means, you will be liable for the offense.
An offense is a misdemeanor of the law by action or omission. That means there may be cases where the law requires you to abstain or refrain from performing a particular act. There may also be cases where the law requires you to take positive action, failing which you may be liable for the offense.
Criminal offenses are the ones that are done against the State, whereas civil offenses are against private persons. The prosecutor will represent the State, which will argue against the defendant. So now, the prosecutor must submit the issue sheet with the necessary evidence.
Types of Criminal Offences:
There are two types of criminal offenses:
1. Bailable Offense and Non-bailable Offense
The court has classified certain categories of offenses as bailable. where the suspect may pledge some property with the court and be released from jail on the condition that he will appear on the day of trial.
However, any offense not under the bailable category is a non-bailable offense where the suspect has to be kept in prison until and unless the trial is closed and punishment is announced.
2. Cognizable and Non-Cognizable Offense
An arrest violates liberty where the suspect is connected with investigating or preventing a crime. Since the individual’s fundamental rights are affected, the police need a warrant from a magistrate that allows them to arrest the person. These offenses are known as non-cognizable offenses.
But some offenses do not require the police to procure a warrant before making an arrest; these are cognizable offenses and are specified in the schedule of the Code. There are also some criminal law textbooks that you can study to dig deeper, and if you have a problem while solving the textbook questions, you can refer to online textbook solutions for your kind reference.
What is the Process That the Code Regulates?
When a complaint has been filed, the Code addresses the procedure followed by the law enforcement and judicial departments of the State. The step is as follows:
1. Filing and FIR
Although the courts and police forces exist, many crimes remain unknown and unsolved because of the lack of information. Thus, information is the first important tool to address the problem of crimes and deliver justice.
And the first legal process to tackle crime begins with filing a First information report (FIR). Based on the facts provided in the FIR, the police will file a charge. This is the vital step in the process, as FIR is the first drafted document and will lay the groundwork for the rest of the case. Even an anonymous letter may treat as a First information report.
2. Gathering Evidence
Once the charge is filed and the complaint information is with the police, they will use all their resources to gather the evidence, putting all the pieces together. The process is known as an investigation into the crime and gathering information. The steps to conduct the investigation include going to the scene of the crime, logical and scientific deductions, talking to witnesses, etc. After the evidence is shredded, the police will file a report containing their account of events and the statements from the witnesses they examined.
3. Initiating an Inquiry
In this, the magistrate of the relevant court will inquire into the matter, and upon finding a triable case, he will issue the order to process depending on whether it is a-
Summons case: this type of case issues the summons of the attendance of the accused.
Warrant Case: This type of case issues the warrant or a summon for the accus brought in front of the magistrate.
However, if the case is brought to the wrong court, then the magistrate cannot sit to provide the judgment. Instead, he will transfer the case to the appropriate court of the proper jurisdiction.
Conclusion
In this blog post, we learned the basics of criminal procedure. Whenever a crime is reported, FIR is filed with the full information for police to gather evidence. Once the FIR is filed, the police look into the matter and investigate the case by interviewing the witness and suspect and gathering the full information. Once it is done, the last procedure is to initiate an inquiry where the magistrate of the relevant court decides the type of case and acts accordingly.
Criminal law is tricky, and students often struggle to understand the concepts. Thus, they look for online textbook solutions to help them understand the case studies in a better way.
