Criminal Litigations
Legal Framework of Criminal Litigations in India
- Constitution of India: The Constitution serves as the highest legal authority, offering fundamental rights essential in criminal litigation. It allows the authority to make and enact the laws to protect the people of the nation, along with it also provides some rights to the people who are booked for any criminal charges. Key rights include:
- Right to a Fair Trial: Guarantees an impartial hearing for all accused individuals.
- Presumption of Innocence: Accused persons are considered innocent until proven otherwise.
- Protection against Self-Incrimination: Individuals cannot be forced to testify against themselves.
- Bharatiya Nyaya Sanhita (BNS), 2023: As the primary substantive law, the BNS which is replaced by IPC (Indian Penal Code, 1860) defines various criminal acts and specifies penalties. It categorizes offenses such as theft, murder, rape, assault, fraud and many other crimes laying the foundation for prosecution and punishment.
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: The BNSS which is replaced by the Code of Criminal Procedure, 1973 provides guidelines for the procedural aspects of criminal law, including investigations, arrests, trials, appeals and other procedures. It defines the authority of law enforcement and safeguards the rights of the accused, covering aspects like bail and evidence collection.
- 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 Criminal Litigation
Criminal litigation usually progresses through several main stages:
- Filing of FIR (First Information Report)/Complaint: This is the initial step that begins the formal investigation/inquiry process.
- Investigation/Inquiry: Law enforcement authorities carry out an investigation/imquiry to collect relevant evidence.
- Chargesheet Submission/Cognizance: If the investigation uncovers enough evidence, a chargesheet is submitted to the court. Cognizance is taken in complaint case if the prima-facie case is made out.
- Trial: During the trial, the prosecution and defense present their cases before the judge.
- Judgment: Based on the evidence and arguments, the court delivers its judgment.
- Review/Revision/Appeal: If dissatisfied with the judgment or any order (as the case may be), the appropriate petition can be filed as per jurisdiction.
Major Amendment
- 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).
Key Amendments
- Bharatiya Nyaya Sanhita, 2023 (BNS)
- Section 69: Establishes penalties, up to 10 years, 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 of the former sedition law is repealed, and Section 150 introduces a broader offense to address actions threatening national sovereignty. Enforces strict penalties for mob lynching, with punishments ranging from seven years to life imprisonment or even the death penalty in cases of murder by mobs motivated by prejudice.
- Section 304: Defines snatching as a distinct offense from theft, punishable by up to three years in prison.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section 172: Sets specific timelines for police custody, mandating the timely presentation of detainees before a magistrate.
- Section 173: Allows for the use of electronic modes in trials, enhancing procedural efficiency.
- Section 176(3): Requires forensic investigation for offenses carrying sentences of seven years or more.
- Section 356: Permits judgments to be issued in absentia for offenders who evade trial.
- Bharatiya Sakshya Adhiniyam, 2023 (BSA)
- Section 57: Treats electronic records as primary evidence, securing their role in legal proceedings.
- Updates to Evidence Rules: Broadens the scope of secondary evidence and allows the electronic presentation of oral evidence.
- Timeliness of Judgments: Courts are directed to issue judgments within 45 days of trial completion, with charges framed within 60 days from the first hearing.
These reforms aim to modernize India’s criminal justice system, addressing contemporary challenges and promoting greater efficiency, accountability, and protection of individual rights within the judicial and law enforcement frameworks.
Penalties in the case of Violation
There are many acts and laws dealing with various crimes, and its impossible to cover all the penalties and sentences in all acts and laws. For a fair view, a brief introduction is provided below:
- The Bharatiya Nyaya Sanhita, 2023 includes provisions for organized crime and mob lynching, imposing severe penalties including life imprisonment and the death penalty in certain circumstances.
- The Bharatiya Nagarik Suraksha Sanhita, 2023 mandates forensic investigations for serious offenses and sets strict timelines for police action.
- Procedural Violations
- Contempt of Court: Individuals found guilty of contempt may face penalties including fines or imprisonment for up to six months.
- Failure to Comply with Court Orders: Non-compliance can lead to penalties as determined by the court, including fines or further legal action.
- Bribery and Corruption: Punishable by imprisonment ranging from six months to seven years, along with fines.
- Cyber Crimes: Penalties vary based on the specific offense; for example, hacking can lead to imprisonment for up to three years and/or fines.
- Drug Offenses: Penalties vary widely based on the quantity of drugs involved; trafficking can lead to life imprisonment or death penalty in severe cases.
Power of Courts in the Cases of Criminal Litigation
- Sections 21 to 29 of BNSS state the provisions for power of courts. According to Section 21 of the Bharatiya Nyaya Sanhita (BNS), offences are triable by specific courts, which include: The Court of Session, Any other Court designated in the First Schedule as competent to try such offences.
- 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, offences must be tried accordingly.
- Section 22(1)(2) of the 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 of the BNSS defines the sentencing powers of Magistrates:
- 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 three years of imprisonment, a fine up to fifty thousand rupees, or both, and may order community service.
- Magistrate of the Second Class: Can sentence up to one year of imprisonment, a fine up to ten thousand rupees, 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 of the BNSS addresses sentencing when there is 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 of the 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. In consecutive sentences, the aggregate punishment need not be limited by the maximum for a single offense, though it cannot exceed 20 years and must not be more than twice the maximum punishment for a single offense. Consecutive sentences are considered a single sentence for appeal purposes.
- Section 26 of the BNSS explains the mode of conferring powers, where the High Court or State Government can empower individuals by official designation. Such orders take effect upon communication to the person.
- Section 27 of the BNSS specifies the powers of officers appointed to government positions. An individual with powers granted by the High Court or State Government retains those powers if appointed to a similar or higher office in the same local area, unless directed otherwise.
- Section 28 of the BNSS addresses the withdrawal of powers for subordinate officers, allowing the High Court or State Government to revoke these powers, with Chief Judicial Magistrates or District Magistrates able to withdraw powers they themselves have granted.
- Section 29 of the BNSS provides that the powers of judges and magistrates can be exercised by their successors in office.
The purpose of the constitution is to uphold justice. This justice is accessible through the courts. The judicial system enables citizens to challenge wrongdoing and assert their rights. It operates to ensure that no individual acts beyond their authority, and it guards against any arbitrary actions by judicial officials.
Role of IPC, CrPC and 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 any offense committed before the enactment of new laws is governed by the laws in place at that time.
- The Indian Penal Code (IPC) 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 (First Information Report): 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.
- Submitting a Private 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 private complaint. Under Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the court can initiate proceedings based on this complaint.
- Filing a Criminal Complaint with a Magistrate: If the police refuse to register an FIR, you can file a criminal complaint directly with a judicial magistrate under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), requesting that the magistrate direct an investigation into the matter.
Steps to File a Criminal Case in India
- Identify the Offense and Determine Jurisdiction: Consult a lawyer to assess the type of offense and identify the appropriate court with jurisdiction, which is typically influenced by the location where the offense took place.
- Draft a Complaint or File an FIR (First Information Report): Prepare a detailed written complaint 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 court directly.
- Visit the Police Station (for FIR): If filing an FIR, visit the local police station and submit your complaint. The police will begin an investigation based on the information provided.
- Preliminary Inquiry: In some cases, 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, the court will review the case and decide on the appropriate action.
- Issuance of 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.
- Trial: The trial begins, with both parties presenting evidence, witnesses undergoing examination and cross-examination, and arguments being made before the court.
- Judgment: At the end of the trial, the court will deliver its judgment based on the evidence and arguments submitted.
How Can Seasoned Lawyers Help You?
A seasoned lawyer can be invaluable in navigating the complexities of criminal litigation, ensuring that all legal avenues are explored, rights are protected, and procedures are followed.
- Understanding the Legal Framework: A skilled lawyer can help litigants understand how the Constitution of India guarantees fundamental rights, such as the Right to a Fair Trial, Presumption of Innocence, and Protection against Self-Incrimination, all of which are crucial in criminal cases. They ensure that the legal process respects these rights, offering clients a robust defense.
- Navigating Specialized Legislation: In cases that involve specific offenses, a seasoned lawyer can guide clients through the provisions of specialized laws such as the Prevention of Corruption Act or the Information Technology Act etc., ensuring compliance with all relevant statutes. This includes understanding complex offenses like cybercrimes or public corruption etc,, and leveraging these laws in defense or prosecution strategies.
- Criminal Litigation Stages: A lawyer ensures that each stage of criminal litigation, from FIR filing to appeals, is handled with precision:
- FIR and Investigation: They can help to file, or challenge the FIR's validity or any unlawful police procedures.
- Chargesheet: A lawyer can scrutinize the chargesheet to ensure that evidence is not misinterpreted or misrepresented.
- Trial and Judgment: They prepare a defense to challenge the prosecution's case, ensuring the fair treatment of the accused.
- Review/Revision/Appeal: If the accused is dissatisfied with any order or judgment, a lawyer can file an appropriate application before the competent court.
- Procedure and Compliance: An experienced lawyer ensures that all court orders and legal requirements are adhered to, including filing deadlines, forensic investigations, and proper documentation.
- Judicial Accountability: Finally, a seasoned lawyer helps 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 like 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 negligence at trial court makes your case file so weak to secure a relief at higher courts. It is pertinent to deal with trails in criminal litigation cautiously. To know more, contact us.