Criminal Litigations

Legal Framework of Criminal Litigations in India 

• Constitution of India: The Constitution serves as the supreme legal authority, providing fundamental rights that are essential in criminal litigation. It allows the authority to make and enact laws to protect the nation's people, and it also provides certain rights to individuals who are charged with any criminal offense. Key rights include
  • Right to a Fair Trial: Article 21 of the Constitution of India guarantees an impartial hearing for all accused individuals.
  • Presumption of Innocence: In the Indian legal system, accused persons are considered innocent until proven guilty, unless a particular law specifies otherwise.
  • Protection against Self-Incrimination: Article 20(3) of the Constitution of India provides that individuals cannot be forced to testify against themselves.
• Bharatiya Nyaya Sanhita (BNS), 2023: As the primary substantive law, the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, 1860, defines various criminal acts and specifies penalties. It categorizes offenses such as theft, murder, rape, assault, fraud and almost all types of crimes laying the foundation for prosecution and punishment.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: The BNSS, which replaced the Code of Criminal Procedure, 1973, provides guidelines for the procedural aspects of criminal law, including investigations, arrests, bails, trials, appeals, and other procedures. It defines the authority of law enforcement and safeguards the rights of the accused, encompassing aspects such as bail and the collection of evidence.
• The Bharatiya Sakshya Adhiniyam, 2023 (BSA): It is a significant piece of legislation that replaces the Indian Evidence Act, 1872. This new law aims to modernize the rules of evidence in criminal litigation, also adapting them to contemporary technological advancements and societal changes.
• Specialized Legislation: There are many special laws, some of which are: Anti-Corruption Laws, Armed Forces Litigations, Arms Act, Enforcement Directorate Cases, Food Safety and Standards Act, Intellectual Property Act, Information Technology Act, Insolvency and Bankruptcy Code, Juvenile Justice Act, Motor Vehicles Act, NDPS Act, Negotiable Instrument Act, POCSO Act, RERA Act, Revenue and Tax Matters, SARFAESI Act, Trademark and Copyright Act, and many more.   

Stages of a Criminal Litigation

• FIR or Complaint: The information is provided under section 173, BNSS (section 154 CrPC), to the police to register an FIR, and the complaint petition is filed under section 210, BNSS (section 190 CrPC). This is the initial step that initiates the formal investigation or inquiry process.
• Investigation/Inquiry: Law enforcement authorities conduct an investigation or inquiry, as applicable, under sections 180 to 189 of the BNSS (sections 161 to 169 of the CrPC) to gather relevant evidence.
• Chargesheet Submission/Cognizance: Chargesheet Submission/Cognizance: If the investigation uncovers enough evidence, a chargesheet is submitted to the court under section 173, CrPC/193, BNSS. The court takes cognizance of the police report, or any other report produced after the inquiry is concluded, if a prima facie case is established before the court.  
• Trial: The trial begins after the 'charge' is framed against the accused. During the trial, the prosecution presents its witnesses and evidence, defense counsel cross-examines the witnesses, raises its defense, and both parties have reasonable opportunities to present their case before the court delivers the judgment.
• Judgment: Based on the evidence and arguments presented by both parties, the court, after analyzing all the evidence and submissions, delivers its judgment under section 235, CrPC/section 258, BNSS.
• Review/Revision/Appeal: If dissatisfied with the judgment or any order (as the case may be), the appropriate petition can be filed as per the available jurisdiction.

Significant Amendments

• India recently made substantial updates to its criminal litigation framework by introducing three new laws that replace long-standing colonial-era statutes. These new laws are the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
• Bharatiya Nyaya Sanhita, 2023 (BNS)
  • Section 69: Establishes penalties, up to 10 years and a fine, for obtaining sexual consent through deceit, such as false promises of marriage or career advancement.
  • Section 111: Outlines penalties for organized crime, including kidnapping and extortion conducted by criminal syndicates.
  • Section 150: Section 124A, IPC, provision for sedition is repealed, and section 150 introduces a broader offense to address actions threatening national sovereignty.
  • Section 103(2), 117(4): Enforces strict penalties for mob offenses, with severe punishments in case of murder under section 103(2), and grievous hurt under section 117(4), by mobs.
  • Section 304: Defines snatching as a distinct offense from theft, punishable by up to 3 years in prison and a fine.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
  • Section 172: This obligates ordinary citizens to abide by the lawful directions given by any policeman in the performance of his duties and against an act under his authority. In petty cases, however, the police officer may, if they think fit, release such a person from custody within 24 hours without taking them before a magistrate.
  • Section 173(1): This allows for the use of electronic modes to provide information to the police in cognizable offenses, enhancing procedural efficiency.
  • Section 176(3): Requires forensic investigation for offences carrying sentences of seven years or more.
  • Section 251(1)(b), 258: Courts are directed to frame charges within 60 days from the first hearing under section 251(1)(b). Upon completion of the trial, the court should issue judgments within 30 days, with a 15-day extension permitted.  
  • Section 356: Permits judgments to be issued in absentia for offenders who evade trial.
• Bharatiya Sakshya Adhiniyam, 2023 (BSA)
  • Section 57: Also treats electronic records as primary evidence, securing their role in legal proceedings.

Power of Courts in the Cases of Criminal Litigation

• Section 21, BNSS: Offenses are triable by specific courts, which include the Court of Session and any other Court designated in the First Schedule as competent to try such offenses.
• Section 21(a), BNSS: Offences under Sections 64, 65, 66, 67, 68, 69, 70, and 71 of the BNS, 2023 should preferably be tried by a court with a female presiding judge. Additionally, if a statute assigns jurisdiction to a particular court, offenses must be tried in that court accordingly.
• Section 22, BNSS: Grants authority to High Courts, Sessions Judges, and Additional Sessions Judges to issue any sentence as per legal provisions. For capital punishment, however, the Sessions Judge and Additional Sessions Judge must first seek confirmation from the High Court.
• Section 23, BNSS
  • Chief Judicial Magistrate: Can impose any legal sentence, except for death, life imprisonment, or imprisonment exceeding seven years.
  • Magistrate of the First Class: Can sentence up to 3 years of imprisonment, a fine up to ₹ 50,000, or both, and may order community service.
  • Magistrate of the Second Class: Can sentence up to one year of imprisonment, a fine up to ₹ 10,000, or both, and may also impose community service.
  • Community Service: For this section, "Community service" refers to unpaid work ordered by the court that benefits the community as a punishment.
• Section 24, BNSS: Addresses sentencing when there is a default on a fine payment. It empowers Magistrates to impose imprisonment in such cases within their authorized limits under Section 23. This imprisonment cannot exceed one-fourth of the maximum imprisonment the Magistrate can impose for the offense itself and may be added to sentences under Section 23.
• Section 25, BNSS: Governs sentencing when a person is convicted of multiple offenses in a single trial. The court may issue separate punishments for each offense, either concurrently or consecutively, depending on the severity of the offenses. However, it cannot exceed 20 years and must not exceed twice the maximum punishment for a single offense. Consecutive sentences are considered a single sentence for appeal purposes.

Role of the IPC, CrPC, and the Indian Evidence Act

• Retrospective Application: Article 20(1) of the Constitution prohibits the retrospective application of penal laws, meaning individuals cannot be convicted under laws that were not in effect at the time of their alleged offenses. This principle ensures that the laws governing any offense committed before the enactment of new laws in place at that time apply.
  • The Indian Penal Code (IPC): It will still govern offenses committed before the new laws (Bharatiya Nyaya Sanhita, 2023) come into effect on July 1, 2024. This implies that any crime committed before this date will be prosecuted under the IPC, regardless of whether the investigation or trial happens after this date.
  • Ongoing Investigations and Trials: As per Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), any investigation, trial, or appeal still pending as of July 1, 2024, will proceed under the Code of Criminal Procedure (CrPC). This means that if an FIR was filed before this date, all subsequent proceedings for that FIR will follow CrPC procedures.
  • Indian Evidence Act: Similarly, the Indian Evidence Act will continue to apply to cases where evidence was collected under its provisions before July 1, 2024. The new Bharatiya Sakshya Adhiniyam, 2023, will be relevant only to evidence gathered after this date.

How to Report a Criminal Case? 

• Registering an FIR: When a cognizable offense is committed, the first step is to go to the nearest police station and file an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The police then begin an investigation based on the FIR. This is the standard procedure for starting a criminal case in India.
• Petition for FIR: If the police refuse to register an FIR, you can file a petition directly with a judicial magistrate under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), requesting that the magistrate direct the police to file an FIR and begin an investigation into the matter.
• Submitting a Complaint: If the offense is non-cognizable or if you are unsatisfied with the police investigation, you may approach the court directly and file a complaint. Under Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the court can initiate proceedings based on this complaint.

Steps to File a Criminal Case in India

• Complaint or FIR: Prepare a detailed written document describing the incident, the nature of the offense, and the identities of the accused, if known. For cognizable offenses, you can file an FIR at the nearest police station; for non-cognizable offenses, you may need to approach the concerned court directly.
• Local Police Station (for FIR): If filing an FIR, visit the local police station and submit your FIR. The police will begin an investigation based on the information provided.
• Preliminary Inquiry: In non-cognizable offenses, the court may conduct a preliminary inquiry to determine if there is sufficient basis to proceed with the case.
• Court Cognizance: Once the complaint is filed with the magistrate, the court will review the case and determine the appropriate course of action.
• Summons or Warrants: If the court finds sufficient grounds to proceed, it may issue a summons or warrant to the accused, requiring them to appear before the court.
• Pre-Trial or Trial: In a maximum of a complaint case, there is a provision for pre-trial unless otherwise provided. In matters of a chargesheet presented by the police, the court takes cognizance, frames charges, and the trial begins. The pre-trial or the trial begins with both parties presenting evidence, witnesses undergoing examination and cross-examination, and arguments being made before the court. 
• Judgment: After the pre-trial, the court will deliver its judgment based on the evidence and arguments presented, determining whether there is sufficient ground to frame charges against the accused. If the charges are framed, the trial will begin. The trial concludes with a judgment of acquittal or conviction. 

How Can Seasoned Advocates Help You?

• Legal Framework: Assist litigants in understanding how the Constitution of India guarantees fundamental rights, such as the Right to a Fair Trial, the Presumption of Innocence, and Protection against Self-Incrimination, all of which are crucial in criminal cases. Ensure that the legal process respects these rights, offering clients a robust defense.
• Specialized Legislation: In cases involving specific offenses, guide clients through the provisions of specialized laws, such as the Prevention of Corruption Act or the Information Technology Act, or any other relevant statutes, ensuring compliance with all applicable laws. This includes understanding complex offenses, such as cybercrimes or public corruption, and leveraging these laws in defense or prosecution strategies.
• Criminal Litigation Stages: Ensures that each stage of criminal litigation, from FIR filing to appeals, is handled with precision.
  • FIR and Investigation: Can help to file or challenge the FIR's validity or any unlawful police procedures.
  • Chargesheet: Can scrutinize the chargesheet to ensure that evidence is not misinterpreted or misrepresented.
  • Pre-Trial and Trial: Prepare a defense to challenge the prosecution's case, ensuring the fair treatment of the accused.
  • Review/Revision/Appeal: Can file an appropriate application before the competent court if the accused is dissatisfied with any order or judgment.
• Procedure and Compliance: Ensures that all court orders and legal requirements are adhered to, including filing deadlines, forensic investigations, and proper documentation. 
• Judicial Accountability: Finally, help hold the judicial system accountable by ensuring that justice is accessible and procedures are followed correctly. They can contest unlawful actions or arbitrary decisions by judicial officers and challenge procedural violations such as contempt of court.

Conclusion

The judicial system to deal with criminal litigations in India is a complex procedure, and it is necessary to hire a seasoned criminal lawyer to deal with your criminal litigation; otherwise, you may have to face bitter consequences. Once a case is dealt with based on negligence at the trial court, it renders your case file too weak to secure relief at higher courts. It is essential to approach trials in criminal litigation with caution. To know more, contact us.