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MANDATORY PROCEDDING AND TERMS IN CRIMINAL CASES

1. FIR (First Information Report) – Sec. 154 CrPC/173 BNSS.

  • First step in cognizable offences.
  • Mandatory for police to register FIR when a cognizable offence is disclosed.
  • Case law: Lalita Kumari v. Govt. of UP (2014) SC – FIR must be registered immediately.

2. Arrest Memo – Sec. 41B CrPC / 41B BNSS

  • Mandatory at the time of arrest.
  • Must contain: date, time, place of arrest, reason, and signatures of witness.
  • Case law: DK Basu v. State of West Bengal (1997) – Supreme Court laid guidelines for arrest procedure.

3. Disclosure Statement / Confession

  • Under Sec. 27 Indian Evidence Act / Sec. 39 BSA 2023.
  • Confession to police not admissible unless it leads to discovery of a fact (discovery statement).
  • Example: Accused discloses place where weapon is hidden → recovery admissible.

4. TIP (Test Identification Parade)

  • Used to confirm identity of accused by witness.
  • Conducted before Magistrate, not police, to ensure fairness.
  • Not substantive evidence but corroborative.
  • Case law: Budhsen v. State of UP (1970) – TIP strengthens identification but not sole proof.

5. Seizure Memo / Recovery Memo (Panchnama)

  • Prepared under Sec. 100, 102, 165 CrPC/ 100, 106, 185 BNSS
  • Document showing recovery of articles (weapons, drugs, stolen property) in presence of panch witnesses.

6. Medical Examination / MLC (Medico-Legal Case Report)

  • Prepared by doctors for injuries, sexual offences, postmortem.
  • Mandatory in rape, assault, custody cases.
  • Example: Postmortem report in murder.

7. Custodial Statements & Confessions

  • Confession to police not admissible (Sec. 25 Evidence Act / Sec. 22 BSA).
  • Exception: Confession to Magistrate (Sec. 164 CrPC/183 BNSS) → valid if voluntary.

8. Remand Proceedings – Sec. 167 CrPC/ 187 BNSS

  • Accused can’t be kept in police custody beyond 24 hours without Magistrate order.
  • Police remand (max 15 days) → Judicial custody (60/90 days depending on offence).

9. Statements of Witnesses

  • Sec. 161 CrPC/180 BNSS – police examine witnesses during investigation.
  • Sec. 164 CrPC/183 BNSS – Magistrate records statement/confession (admissible).
  • Sec. 313 CrPC/351 BNSS– Accused examined to explain circumstances against him (mandatory).

10. Charge Sheet / Final Report – Sec. 173 CrPC/193 BNSS

  • Police submit report after investigation.
  • Contains evidence, witness list, accused details, charges.
  • Basis for trial commencement.

11. Charge Framing – Sec. 228, 240 CrPC/ 251,263 BNSS

  • Court formally frames charges against accused.
  • Accused pleads guilty / claims trial.

12.  Bail Proceedings

  • Regular Bail (Sec. 437–439 CrPC)(480-483 BNSS)
  • Anticipatory Bail (Sec. 438 CrPC)(482 BNSS)
  • Default Bail (Sec. 167(2) CrPC)(187 (3) BNSS) – mandatory if chargesheet not filed in time. (Rakesh Kumar Paul v. State of Assam, 2017)

13. Examination of Witnesses (Sec. 231–233 CrPC) (254256 BNSS)

  • Prosecution must produce witnesses, and accused has right to defence evidence.
  • Court cannot convict without giving accused this opportunity.

14. Cross-Examination

  • Vital part of criminal trial.
  • Defence gets right to test truthfulness of prosecution witnesses.
  • Case law: State of Kerala v. K.T. Shaduli Grocery Dealer (1977) – Cross-examination is a fundamental right.

15. Judgment – Sec. 353 CrPC/392 BNSS

  • Final decision of the trial court.
  • Must be reasoned and pronounced in open court.

16. Appeal / Revision Rights

  • Appeal is a statutory right (not inherent).
  • Sec. 372 CrPC/ 413 BNSS – Victim has right to appeal against acquittal, inadequate compensation, or conviction for lesser offence.

Key Legal Terms Often Used in Criminal Proceedings

  • Cognizance – Taking judicial notice of offence by Magistrate (Sec. 190 CrPC).
  • Summons / Warrant – Court orders compelling attendance of accused/witness (Sec. 61–73 CrPC).
  • Hostile Witness – Witness turning against party that called him.
  • Inquest Report (Sec. 174 CrPC) – Police/Magistrate inquiry into unnatural death.
  • Charge Framing – Formal accusation against accused.
  • Acquittal / Conviction – Final result of criminal case.
  • Compoundable / Non-Compoundable Offence – Whether offence can be settled between parties.
  • Revision / Appeal – Challenge to trial court’s decision.
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