Criminal cases in India

Criminal cases in India are legal proceedings that involve the violation of criminal laws, for instance the Indian Penal Code, 1960 and are brought against individuals or entities accused of committing criminal offences. These cases are prosecuted by the state on behalf of the society to maintain law and order, protect public interest, and ensure justice for victims. They cover a wide range of offences, including but not limited to:

• Offences Against Persons: Murder, Attempt to Murder, Assault, Kidnapping and Abduction, Rape and Sexual Offences
• Offences Against Property: Theft, Robbery, Burglary, Dacoity
• Offences Related to Public Order: Riots, Unlawful Assembly, Promoting Enmity Between Different Groups
• Offences Against the State: Sedition, Waging War Against the State, Terrorism
• Economic Offences: Fraud, Forgery etc.
• Cybercrimes: Hacking, Cyberbullying, Online Fraud etc.
• White-Collar Crimes: Money Laundering, Insider Trading, Corporate Fraud etc.
• Narcotic and Drug Offences: Possession, Sale, or Trafficking of Drugs
• Environmental Offences: Violations of Environmental Laws

Kinds of criminal cases in India

In India, criminal cases are classified into two categories based on the severity of the offence and the powers of the police to investigate and make arrests. Cognizable offences are serious offences for which the police have the authority to make an arrest without a warrant and start an investigation without requiring permission from the court. In cognizable cases, the victim or any person who has knowledge of the offence can approach the police station to file a First Information Report (FIR). The police are obligated to register the FIR and initiate an investigation. Some examples of cognizable offences include murder, rape, robbery, kidnapping, dowry death, and other serious crimes that are punishable with imprisonment. Non-cognizable offences are less serious offences for which the police do not have the authority to make an arrest without a warrant, and they cannot initiate an investigation without a court’s permission. If there is information regarding a non-cognizable offence, the police station’s officer in charge, where the offence occurred, will record the details of that information in a specified book as directed by the State Government. Subsequently, the complainant will be directed to approach the Magistrate for further action. Some examples of non-cognizable offences include simple assault, defamation, cheating, etc., which are generally punishable with relatively lower penalties compared to cognizable offences.

Ways to file a criminal case in Court in India

1. Lodging an FIR (First Information Report): If a cognizable offence has been committed, the first step is to visit the nearest police station and lodge an FIR under Section 154 of the Cr.P.C. The police will initiate an investigation based on the FIR. This is the most common way to start a criminal case in India.
2. Filing a Private Complaint: For non-cognizable offences or if you are dissatisfied with the police investigation, you can directly approach the court and file a private complaint. In this case, the court will initiate the proceedings based on your complaint under Section 200 of Cr.P.C.
3. Filing a Criminal Complaint before a Magistrate: In cases where the police refuse to lodge an FIR, you can directly file a criminal complaint before a judicial magistrate under Section 156(3) of the Code of Criminal Procedure (CrPC).

Steps to file a criminal case in Court in India

• Identify the Offence and Jurisdiction: Determine the nature of the offence committed and the appropriate court with jurisdiction over the case with the help of a lawyer. The court with jurisdiction will depend on factors such as the place where the offence occurred.
• Draft a Complaint or FIR (First Information Report): Prepare a written complaint detailing the facts of the case, the offence committed, and the names of the accused (if known). If the offence is cognizable, you can file an FIR at the nearest police station. For non-cognizable offences, you will need to approach the court directly.
• Visit the Police Station: If you are filing an FIR, go to the nearest police station and submit the complaint. The police will initiate an investigation based on the FIR.
• Preliminary Inquiry: In certain cases, the court may conduct a preliminary inquiry to determine whether there is enough merit to proceed with the case.
• Cognizance of the case by magistrate: The court will take action on the case thereafter.
• Summoning of Accused/Warrants: If the court finds sufficient grounds, it will issue summons or warrants to the accused, directing them to appear before the court on a specified date.
• Trial: The trial will commence, during which both sides will present their evidence, witnesses will be examined and cross-examined, and arguments will be heard.
• Judgment: After the trial concludes, the court will pronounce its judgment based on the evidence and arguments presented.

Landmark cases

• Lalita Kumari v. Government of U.P. & Others (2014): This landmark case addressed the mandatory registration of FIR in cognizable offences. The Supreme Court held that in case of cognizable offences, the police must register an FIR upon receiving information about the commission of an offence, and a preliminary inquiry is not necessary before registration.
• Prakash Singh v. Union of India (2006): While this case primarily focused on police reforms, it emphasized the need for proper recording of FIRs and the establishment of State Security Commissions to ensure police accountability and transparency.
• Satvinder Kaur v. State (Government of NCT of Delhi) (1999): In this case, the Supreme Court emphasized the importance of the FIR in initiating a criminal investigation and highlighted that any delay in recording the FIR should be adequately explained by the investigating officers.
• Jacob Mathew v. State of Punjab (2005): Although this case mainly addressed medical negligence, the Supreme Court reiterated the significance of the FIR as the first information on the basis of which the police start an investigation.
• Upendra Baxi v. State of U.P. (1983): In this case, the Supreme Court stressed the importance of the prompt and faithful recording of FIRs to ensure effective criminal investigation and to protect the rights of the accused and the complainant.

Conclusion

It’s essential to remember that the legal process can be intricate, and the specific steps may vary depending on the nature of the offence and the laws of the state. One must be very careful while filing the case as each word used in the first information report is crucial for all stages of the case up to judgment.