Showing posts with label Criminal Procedure Code. Show all posts
Showing posts with label Criminal Procedure Code. Show all posts

CR.PC_First Information Report

First Information Report

  1. Section 154 of the Code of Criminal Procedure, 1973 provides for FIR.
  2. It deals with the information relating to the commission of a cognizable offense 
  3. Any person can inform the commission of a cognizable offense to the police either orally or in writing.  
  4. The FIR is a very important document because the FIR sets the criminal law in motion. 
  5. Once, the information has been recorded by the Police, it must be signed by the person giving the said information. 
  6. The copy of FIR must be provided to the informant without any cost. 
  7. Sections 182, 203 and 211 of the IPC provide for the punishment for giving false information to the Police. 
  8. Essentials about a FIR – 
    • The information should be related with the commission of a cognizable offense
    • It must be first point of time.
    • It should not be vague or indefinite. 
    • It should be given to the officer in charge of the Police Station. 
    • It may be given orally or writing. If the said information is given orally, it must reduce to writing. 
    • It may be given by anybody. 
    • It should be signed or marked by the informant. 
    • The copy of FIR must be provided to the informant.
  9. The FIR is different from a Complaint. A complaint is an allegation made orally or in writing to the Magistrate. Whereas, the first information is given in writing or orally to the police officer. 
  10. The Hon’ble. High Courts have the power to quash an First Information Report. As per Section 482 of Cr.PC, the the High Court has powers to prevent abuse of the process of any Court of law and to secure the ends of justice.

CR.PC_Plea Bargaining

Plea Bargaining

  1. Plea bargaining in India is a new concept for the Indian legal system. This concept is introduced through the Criminal Law (Amendment) Act, 2005. This changed the face of the Indian Criminal Judicial system.
  2. The source of Plea Bargaining can be attributed to the United States where about 90% of criminal cases are disposed of on the basis of Plea Bargaining.
  3. Chapter XXI-A of the Code of Criminal Procedure, 1973 contains Sections 265 A to 265 L which deals with “Plea Bargaining”.
  4. It is also termed as count bargaining OR sentence bargaining OR charge bargaining Or short-cut to justice.
  5. Plea bargaining is a negotiation between the accused and the prosecution before the trial where the accused agrees to plead guilty in exchange for certain concessions by the prosecution.
  6. It is one type of settlement in which the accused pleads guilty to a lesser charge and the prosecutors in withdraw more serious charges.
  7. The provisions relating to Plea Bargaining are not applicable in the following matters:-
    • The offense in which the maximum sentence is above 7 years or capital punishment or life imprisonment.
    • The offense which has been committed against a woman or a child below 14 years of age.
    • Where the accused has been previously convicted for the same offense.
    • Offences which are affecting the Country's socio-economic condition. 
  8. Procedure for Plea Bargaining – 
    • An accused may move an application to the concerned court with the details of his case supported by an affidavit declaring that :
      • he is presenting the application voluntarily,
      • he understands the nature of sentence and
      • he has also to declare that he is not a previous convict for the same offense.
    • On receipt of application and affidavit from the accused, the trial court shall issue the notice for appearing on the date fixed for the hearing of matter to the accused and the Public Prosecutor or the complainant.
    • Then the examination of the accused by the court shall be conducted in camera. The Court shall have satisfied with that, the accused has submitted the application voluntarily and the accused is eligible for presenting such application.
    • If the court comes to conclusion that the accused had not filed the application voluntarily or previously, he was convicted for the same offense, then the Court may reject the said application and send the case back to the regular court for trial.
  9. Benefits:
    • It helps in fast disposal of cases.
    • It reduces the burden of the Court
    • It creates a mutual understanding between the defendant and the complainant related to the case
  10. Drawbacks:
    • Police involvement in the bargaining process invites coercion and corruption.
    • The court’s impartiality is at stake.
    • It can lead to corruption of one or other type.

Popular Posts

Featured Post

Criminology_Theories of Punishment OR Schools of Punishment

Theories of Punishment OR Schools of Punishment According to Jeremy Bentham the main ends of Punishment are Prevention and Compensation. Fol...