Filing a criminal case involves several steps, which can vary depending on the jurisdiction and the specific legal system in place. Here's a general overview of the process:
Incident Report: The process usually begins with an incident report filed by the victim or a witness with the local law enforcement agency. This report provides a detailed account of the alleged criminal activity.
Investigation: Once the incident report is filed, law enforcement officers will conduct an investigation. They will gather evidence, interview witnesses, and try to establish probable cause to believe a crime has been committed and identify the potential suspect(s).
Arrest or Summons: If the investigation yields enough evidence, the suspect may be arrested, or a summons may be issued, requiring the individual to appear in court on a specified date.
Booking: If the suspect is arrested, they will go through a booking process, which includes recording personal information, taking fingerprints, and photographs. They may also be informed of their rights (Miranda rights) at this stage.
Initial Appearance: After arrest, the suspect is brought before a judge for an initial appearance. During this hearing, the charges against the suspect are read, and they are informed of their rights. Bail may also be set at this stage.
Grand Jury or Preliminary Hearing (Optional): In some jurisdictions, a grand jury may review the evidence presented by the prosecutor to determine if there is enough probable cause to proceed with a trial. Alternatively, some jurisdictions have preliminary hearings where a judge decides if there is sufficient evidence to proceed to trial.
Arraignment: The next step is the arraignment, where the accused is formally charged, and they enter a plea (guilty, not guilty, or no contest). If the accused pleads not guilty, the case will proceed to trial.
Discovery: During the pre-trial phase, both the prosecution and defense exchange information and evidence through a process called discovery. This ensures that both sides are aware of the evidence they will present during the trial.
Pre-trial Motions: Before the trial, both parties may file pre-trial motions, which are requests for the court to rule on certain issues, such as suppressing evidence or dismissing the case.
Trial: If the case goes to trial, the prosecution and defense present their cases before a judge or jury. The prosecution must prove the defendant's guilt beyond a reasonable doubt.
Verdict: After hearing all the evidence, the judge or jury will deliberate and reach a verdict. If the defendant is found guilty, the case moves to the sentencing phase.
Sentencing: The defendant is sentenced if found guilty. The sentencing may include fines, probation, community service, imprisonment, or a combination of these, depending on the severity of the crime and the jurisdiction's laws.
Appeals: If the defendant is dissatisfied with the verdict or believes there were errors during the trial, they may have the right to appeal to a higher court.
Keep in mind that this process can vary significantly depending on the legal system in place, the nature of the crime, and the jurisdiction where the case is filed. It's essential to consult with a legal professional for specific guidance in a particular case.
Dear Client,
Filing of a criminal case in India is a process that in 2024 will see the Indian Penal Code replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 which will in turn see the Code of Criminal Procedure updated by the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. The process which begins with report of an offense may go on to investigation, trial and judgment. What steps are taken depends on if the offense is of a cognizable nature (in serious crimes like murder, rape, or theft which the police may arrest without a warrant) or non-cognizable (which are for less serious crimes like defamation or minor cheating that require court permission for police to take action).
I will go through the full process step by step from start to finish. This is a general guide which may vary by state (for instance in Madhya Pradesh which is your base state you can use local police portals for online filing). I highly recommend you consult a lawyer for personal advice as they are able to draft out the documentation and guide you through the details. If the issue at hand is a sensitive issue like domestic violence or cyber crime we may have specialized units which will assist (for example women’s cells or cyber police).
Step 1: Identify the crime and the court that has jurisdiction.
Determine the which offenses fall into the cognizable or non-cognizable category by referring to the BNS schedules or speaking to a lawyer.
Usually in the place of the crime, at your residence, or where the accused is from. In Bhopal go to your local station (which is via Madhya Pradesh Police’s online portal).
Gather evidence: Gather information on dates, locations, witnesses, and present evidence (e.g. photos, messages). This will fortify your case.
Step 2: Report an Offense (Filing the Case).
For Cognizable Offenses (e.g., theft, assault): For Common Crimes (e.g. theft, assault):.
Go to the closest police station (if you’re able to use the internet you may also file online through what are known in some states like in Madhya Pradesh’s e-FIR system).
Provide reports in person or in writing. The police have to document it in a First Information Report (FIR) based on the old Section 154 of CrPC which has been re-structured into Section 173. Affix your signature after we verify it, also you are entitled to a free copy of the report with the FIR number.
If police refuse report that to a Magistrate under BNSS Section 175 (which was formerly CrPC Section 156(3) to get an FIR registered.
Zero FIR: If filed at a non-jurisdictional station it is transferred.
For Non-Reportable Crimes (e.g., cheating, verbal abuse):.
Police note it as an NCR but for that they require court orders.
File a private case before a Judicial Magistrate under BNSS Section 223 (which was formerly CrPC Section 200). Present details of the incident, accused and evidence.
Magistrate may question you and witnesses at the preliminary inquiry.
Online Filing Option: In many states which include Madhya Pradesh online filing of certain complaints through sites like eCourts or state police websites is available. For criminal cases it is a growing feature but still limited.
Step 3: Police Inquiry.
Once a First Information Report is registered (in case of cognizable offenses) police conduct investigation as per BNSS Chapter XIII (which was formerly CrPC Chapter XII).
They go to the scene, collect evidence, take statements, and may make an arrest if necessary.
Timeline: Investigations to wrap up within 60-90 days in most cases which is also to report that they do not always go as planned and that extensions are the norm.
If you are unhappy (for example police inaction) take it up with the Magistrate for oversight.
Step 4: Filing of Charge Sheet.
Police present a chargesheet (as final report) to the Magistrate under BNSS Section 193 (which was formerly CrPC Section 1073). This is to take place within 60 to 90 days for bailable offenses.
When there is not enough evidence the police will file a report of closure; you may challenge it in court.
Step 5: Court Notices of.
The Magistrate looks over the chargesheet and files “cognizance” when there is prima facie evidence (BNSS Section 210 which was formerly CrPC Section 190).
Summonses and also Warrants are given to the accused to appear in court.
Step 6: Presentation of charges and Plea.
In the court the accused is brought in for formal charges which include BNSS Sections 251-259 (former CrPC Sections 228-234) which we are to see play out.
The accused pleads either guilty or not guilty. If the plea is of guilt the court convicts at once; should it be not guilty the trial will proceed.
Step 7: Case Proceeding.
Trials of serious offenses are had in sessions courts, for lesser ones in magistrate courts.
Prosecution puts forth their case which includes presenting evidence and bringing in witnesses; the defense team goes in to cross examine.
Both sides present their cases which play out under BNSS Chapters XX-XXIII (which used to be CrPC Chapters XVIII-XXI).
Types: Summon's trial (for small scale issues) or Warrant trial (in in more serious cases).
Step 8: Judgement and sentencing.
The court delivers a verdict: Release if not found guilty, or conviction if proven guilty.
For which court sentences fall under the BNS provisions (we see terms of imprisonment, fines, or community service for minor offenses).
Appeals go to higher courts (High Court or Supreme Court) within time limits.
I hope this answer helps to resolve your queries. If you still have any concerns, please contact our law firm!
Thank you!
