Criminal Law GK - 5 Legal Current Affairs, Mediation in Criminal Cases, Process of  trial, Witness cross examination,  Discharge,  Admonition, probation and conditions for Fair Trial

SNo Legal Term/Question Answer
1 Is mediation available in Criminal Court Yes Mediation is available in Criminal Court
2 What is the process of trial In case the accused is opt to contest the case or confession of guilt is found not to be voluntary one, the complainant or prosecution /state would lead evidence to prove the allegations leveled against the accused.
3 When statements of Witness are recorded While recording evidence, statements of witness are recorded.
4 What is cross examination It is the process by which witness is questioned by opposite party or his counsel. Accused may engage a pleader for assistance if desired.
5 Who is legal aid counsel As per Section 304 CrPC if the accused is unable to engage a counsel, the concerned court will have to provide counsel at state expenses.
6 What are the Sections under CrPC for Trial in a Warrant case on Police Report Section 238 to 243 CrPC.
7 What are the sections in CrPC for Trial in a Warrant case otherwise than on Police Report Section 244 to 247 and 249 CrPC.
8 How to record evidence in warrant case other than police report As per Section 244 CrPC if accused appears or brought before a Magistrate, the Magistrate shall hear the prosecution and take all such evidence as may be produced in support of prosecution.
9 How discharge of accused is done As per Section 245 CrPC if the Magistrate considers that no case can be made out and the case is groundless, the accused can be acquitted.
10 How accused is discharged in Warrant Case on Police Report As per Section 239 CrPC the Magistrate can discharge the accused on the basis of Police Report.

 

 

SNo Legal Term/Question Answer
11 How charges are framed in Warrant Case As Per section 246 CrPC when evidence has been taken and the Magistrate is of the opinion that there is ground that the accused has committed an offence triable under this chapter which such Magistrate is competent to try.
12 Do the charge be read and explained The Charge should be read and explained to the accused. If the accused pleads guilty Magistrate shall record the plea.
13 What are the steps before recording of evidence after framing charge in Warrant case Ask accused as to which of the witness already examined by complainant are to be called for cross examination.

As per Section 246 (4) CrPC If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub- section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross- examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.

14 How examination of accused is done After Evidence of prosecution or the complaint is concluded, the incriminating material shall be read over and explained to the accused. Section 313 CrPC applicable in this case. Section 243 CrPC is for Police Report case and Section 247 CrPC is for non Police Report case. 
15 Effect of absence of complainant As per Section 249 CrPC when the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.
16 How Conviction or Acquittal done After hearing the arguments the court may order for acquittal or conviction of accused for reason recorded in the Judgment.
17 What is the requirement of Bond in case of Acquittal As per Section 437A of CrPC the accused or appellant may be required to furnish a bond to appear before the Appellate Court, in case notice is issued by Higher Court
18 What happens after conviction After completing hearing the convict on point of sentence, the court may order for release of the convict after probation. But it is not compulsory in every crime.
19 What is Admonition Court orders for release of the convict by warning the accused and directing to be careful in future.
20 What is Probation It is release of convict to give opportunity to reform. Generally convicts are released on probation when convict is less than 21 years of age or the punishment is of less than 7 years. Refer Section 360 of CrPC.

 

SNo Legal Term/Question Answer
21 What is sentence When convict is neither admonished nor released on probation, court awards sentence of fine or imprisonment with or without fine or even death penalty. The Imprisonment may be simple or rigorous
22 Filing appeal and bail for that When the convict satisfies to file appeal the court may release him on bail. Bail is granted when person sentenced to imprisonment for a term not exceeding 3 years and he was on bail. Refer Section 389 CrPC.
23 What is Principle of fair trial and what are the statutory provisions Issue of Summon, Warrant for presence of accused Section 204 CrPC.

Dispensing of presence of accused as per Section 205 CrPC.

Before commencement of the trial court is to take steps to secure presence of the accused.

As per Section 190 of CrPC if there is no sufficient ground the court shall refuse to proceed with. 

24 Is supplying copies of complaint or challan and documents to the accused is compulsory On appearance in the court, the accused is entitled to these documents.
25 What happens when the accused confesses guilt The court may dispose of the matter and pass appropriate sentence.
26 When trial conducts In case the accused opts to contest the case evidence will be taken.
27 What is discharge after recording evidence If evidence taken as per Section 244 CrPC does not show sufficient grounds the magistrate may discharge the accused as per section 245 CrPC.
28 How the accused presents lead evidence The accused will get opportunity to present lead defence evidence.
29 How arguments are done After completing defence evidence, case is taken up for arguments. Accused may file written arguments. After arguments are over matter will be listed for order
30 What are the steps for fair trial 1. Separation of Judiciary from Executive as per Article 50 of the constitution of India

2. Public open hearing as per Section 327 CrPC. Enquiry into the Trial of Rape or an offence under Section 376, 376A, 376B, 376C or Section 376D IPC shall be conducted in camera.

3. Non man can be judge of his on cause - Nemo debet esse judex in propria causa. Section 479 CrPC. As per Section 352 CrPC where any offence which find mention in section 195 CrPC is committed before the judge of a Criminal Court (Other than Judge of a High Court) or Magistrate or in contempt of his authority or is brought under his notice as such Judge or Magistrate in the course of a Judicial proceeding, such Judge or Magistrate shall not try any person for any such offence. But this does not create bar for trial as provided under section 344, 345, 349 and 350 CrPC.

(iv) Right of victim to seek legal assistance

(v) Right of the accused to have evidence to be taken in his presence. Reference Section 205, 293, 299 and 317 CrPC. Section 299 CrPC provides as to recording of evidence in absence of accused.

 

 

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