Criminal Procedure

03 Nov 2025 --
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Criminal procedure refers to the rules governing the process for the investigation, prosecution, trial, and punishment of criminals. It ensures justice, protects the rights of the accused, and maintains law and order. In India, criminal procedure is largely governed by the Code of Criminal Procedure, 1973 (CrPC).

Key stages of criminal procedure:

Investigation

Arrest

Bail

Charge

Trial

Appeal

Execution of Sentence

1. Investigation

Definition: It is the process of collecting evidence to determine whether a crime has been committed and who is responsible. Police can investigate under Section 154 (FIR) and other provisions.

Key Case Laws:

State of Haryana v. Bhajan Lal (1992 AIR 604)
Facts: Several allegations were made against the petitioner, Bhajan Lal, leading to police investigation.
Held: The Supreme Court laid down guidelines for initiating a criminal investigation, warning against abuse of power by the police in politically motivated cases. It emphasized that FIR should not be registered if it is malicious or baseless.

Lalita Kumari v. Govt. of U.P. (2013 4 SCC 1)
Facts: Delayed registration of FIRs raised concerns about justice.
Held: The Supreme Court held that the registration of FIR is mandatory under Section 154 CrPC if the complaint discloses a cognizable offense. The Court emphasized that police cannot refuse to register an FIR.

2. Arrest

Definition: Arrest is the taking of a person into custody by legal authority on suspicion of committing a crime.

Key Case Laws:

D.K. Basu v. State of West Bengal (1997 1 SCC 416)
Facts: The case dealt with custodial deaths.
Held: The Supreme Court issued detailed guidelines for arrest and detention, including:

Police must inform the arrested person of reasons for arrest.

Police must maintain an arrest memo and inform family or friends.

Medical examination should be conducted if necessary.

Joginder Kumar v. State of U.P. (1994 4 SCC 260)
Held: The Supreme Court emphasized that arrest is not mandatory in every case. The police must consider alternatives to arrest and should justify the necessity of arrest.

3. Bail

Definition: Bail is the conditional release of an accused awaiting trial, to ensure their presence in court.

Key Case Laws:

Gurbaksh Singh Sibbia v. State of Punjab (1980 AIR 1632)
Held: Bail is the rule, and jail is the exception. Courts should generally favor granting bail unless strong reasons exist to deny it.

State of Rajasthan v. Balchand (1977 4 SCC 308)
Held: Police cannot detain accused unnecessarily. Bail should be liberally granted unless there is a threat to investigation or public order.

Hussainara Khatoon v. Home Secretary, State of Bihar (1979 AIR 1369)
Held: This case highlighted illegal prolonged detention of undertrials. Supreme Court ruled that detention without trial violates Article 21 (Right to Life and Personal Liberty).

4. Charge and Trial

Definition: Charging the accused involves formally stating the offense they are accused of, followed by trial to prove guilt.

Key Case Laws:

State of Maharashtra v. Praful B. Desai (2003 4 SCC 601)
Held: The Court emphasized the fair trial principle and that the accused must have the opportunity to defend and cross-examine witnesses.

Kartar Singh v. State of Punjab (1994 3 SCC 569)
Held: The Supreme Court observed that trial procedure must be strictly followed. Any violation can render the trial null and void.

Maneka Gandhi v. Union of India (1978 1 SCC 248)
Held: Though primarily a constitutional law case, it expanded Article 21 protections to criminal procedure, requiring due process even in administrative actions like detention.

5. Appeal and Revision

Definition: Appeals are filed by the convicted or acquitted party to challenge the decision. Revision is done by higher courts to ensure correctness of judicial proceedings.

Key Case Laws:

State of Uttar Pradesh v. Rajesh Gautam (2003 8 SCC 646)
Held: The Supreme Court clarified the scope of revision under CrPC Sections 397–401, emphasizing that revision is limited to judicial error or illegality, not re-hearing evidence.

Bhim Singh v. State of J&K (1985 4 SCC 677)
Held: The court ruled that appellate and revision powers are meant to ensure justice and correction of miscarriage of justice.