498a trial step by step
This sequence is applicable to all kinds of trials. But this a sample for 498A trial as people who come to this blog here are concerned with this. This is 'Police Warrant' case i.e. instituted on police complaint (de facto complaint given by 'Informant' i.e. wife in this case)
1] F.I.R.
2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.'s permission is required for arrest.
3] Bail. Police asks for 'Police Custody' (called 'PC') for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for 'Judicial Custody' (called 'JC'). Then accused apply for 'bail', say from 'police prosecutor' (called 'pp') and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that 'bail' is always granted from 'JC' AND NOT FROM 'PC'. The process in legal fraternity is called breaking 'PC' to 'JC'.
4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time - no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.
5] At the time of receiving chargesheet which is given free of cost to 'each' accused by 'pp' in court, sometime court asks accused whether they are guilty, normally accused say - not guilty. Check the charge sheet - it is also called 'Final Report' - there should be a table showing list of witnesses and documents - many times it is not given, tell court for any discrepancy in it.
6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).
7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.
8] Then First witness - wife - PW1 - PP asks question to her based on her complaint to take FIR on court record. Then accused's counsel cross examine her.
9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).
10] Then I/O's examination-in-chief by PP and cross by accused's advocate (counsel).
11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused's advocate will take examination-in-chief and then PP will take cross-examine (prosecution and defence role changes).
12] Then accused are examined by magistrate u/s313 Cr.P.C. (Many people even advocates do not know special characteristic features of S.313 of Cr.P.C. which is mention here for legal awareness of members harrassed by 498a
:Sec.313 of Cr.P.C. is the examination of the accused by the court. This takes place after the prosecution closes its case.
* The Examination of the accused is NOT ON OATH.
* Neither the prosecution lawyer (the prosecutor - APP/PP/Watch advocate) can cross examine an accused.
* The essence of examination of the accused by the Court is that the Court gives opportunity to the accused to explain circumstances appearing in evidence against him.
* THE ACCUSED CANNOT BE CONVICTED FOR GIVING FALSE ANSWERS TO THE COURT QUESTIONS, EVEN IF THE ANSWERS GIVEN TO THE COURT ARE PROVED TO BE FALSE. But it could affect credibilty of the accused.)
13] Then PP gives his/her arguments, then accused's advocate gives his/her arguments.
14] Enjoy - order - acquitted (in most of the cases it was acquittal).
15] Detailed written order is given after few days.
This sequence is applicable to all kinds of trials. But this a sample for 498A trial as people who come to this blog here are concerned with this. This is 'Police Warrant' case i.e. instituted on police complaint (de facto complaint given by 'Informant' i.e. wife in this case)
1] F.I.R.
2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.'s permission is required for arrest.
3] Bail. Police asks for 'Police Custody' (called 'PC') for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for 'Judicial Custody' (called 'JC'). Then accused apply for 'bail', say from 'police prosecutor' (called 'pp') and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that 'bail' is always granted from 'JC' AND NOT FROM 'PC'. The process in legal fraternity is called breaking 'PC' to 'JC'.
4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time - no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.
5] At the time of receiving chargesheet which is given free of cost to 'each' accused by 'pp' in court, sometime court asks accused whether they are guilty, normally accused say - not guilty. Check the charge sheet - it is also called 'Final Report' - there should be a table showing list of witnesses and documents - many times it is not given, tell court for any discrepancy in it.
6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).
7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.
8] Then First witness - wife - PW1 - PP asks question to her based on her complaint to take FIR on court record. Then accused's counsel cross examine her.
9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).
10] Then I/O's examination-in-chief by PP and cross by accused's advocate (counsel).
11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused's advocate will take examination-in-chief and then PP will take cross-examine (prosecution and defence role changes).
12] Then accused are examined by magistrate u/s313 Cr.P.C. (Many people even advocates do not know special characteristic features of S.313 of Cr.P.C. which is mention here for legal awareness of members harrassed by 498a
:Sec.313 of Cr.P.C. is the examination of the accused by the court. This takes place after the prosecution closes its case.
* The Examination of the accused is NOT ON OATH.
* Neither the prosecution lawyer (the prosecutor - APP/PP/Watch advocate) can cross examine an accused.
* The essence of examination of the accused by the Court is that the Court gives opportunity to the accused to explain circumstances appearing in evidence against him.
* THE ACCUSED CANNOT BE CONVICTED FOR GIVING FALSE ANSWERS TO THE COURT QUESTIONS, EVEN IF THE ANSWERS GIVEN TO THE COURT ARE PROVED TO BE FALSE. But it could affect credibilty of the accused.)
13] Then PP gives his/her arguments, then accused's advocate gives his/her arguments.
14] Enjoy - order - acquitted (in most of the cases it was acquittal).
15] Detailed written order is given after few days.
thanks a lot ........
ReplyDeleteone victim of 498a
Thanks again...
ReplyDelete