Proceedure for criminal proceedings
Guest
(Querist) 12 October 2011
This query is : Resolved
A summons was issued by M.M.under IPC.
No FIR was lodged in the matter.
The accused appeared before court.
1.Now what is the next step of proceedings?
2.At what stage the accused may plead giulty?
3.At what stage the bail has to be taken?
4.Is it mandatory to take bail, if no warrant was ever issued?
ajay sethi
(Expert) 12 October 2011
what is the offence you have been charged with ?
after summons have served and you file in appearance court will record your plea . you cna either plead guilty or not guilty .
court will release you on bail if its a bailable offence on terms set by the magistrate
Arun Kumar Bhagat
(Expert) 12 October 2011
In private complaint case FIR is not necessary. After examining the Complainant and his witnesses if any, if the court finds prima facie materials to issue summons then it ca issue summons upon the accused person.
If the case is summons procedure then next stage would be of plea (251 Cr.P.C) and in case of warrant procedure, next stage would be for pre-charge evidence( before charge evidence).
Shonee Kapoor
(Expert) 12 October 2011
What offence?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 12 October 2011
yes i too agreed with experts, but we need little brief about your query.
prabhakar singh
(Expert) 12 October 2011
I AGREE WITH SOUND OPINION OF Mr.Arun Kumar Bhagat
Guest
(Querist) 12 October 2011
Sir,
1. I want to know specifically that, if accused pleads guilty, then also, is it required to take a court bail?
2.What is the difference between a charge and framing of charge?
3.Is a person called, charged with an offence, if he pleads not guilty and claims trial?
kuldeep kumar
(Expert) 12 October 2011
first question is contradictory to bail.when u will plead guilty it means u will be sentenced.so no question of bail is there.
answer to ur 2nd question is better found in book.
answer to 3rd ques is yes he is charged till acqital or conviction whicevr he deserve.
ok amte ji anything left
Guest
(Querist) 12 October 2011
Thanks alot kuldeep ji & all other members.
Actually book reading can not clear all doubts, which can only be done by an expert.
Raj Kumar Makkad
(Expert) 12 October 2011
Mr. Kuldeep Kumar! everything is left.
1. Yes. Accused is required to apply for bail soon after he appears before the trial court after receipt of summons.
2. framing of charge is a process whereas charge is its result. In simple language, charge is a process vide which court orders the accused to be tried under particular sections mentioned therein after considering all material available on file.
3. Charge is framed only if person wants trial.
kuldeep kumar
(Expert) 12 October 2011
if a person has pleaded guilty.does not it mean that next step is sentencing him.u r talking abt bails....
here also u r wrong that charge is only when person want trial...if we go by ur way every accused will say i dont want trial..in my view charge is specific accusation of particular offence which accused must meet in order to save himself or herself.
what are ur views present.....
Guest
(Querist) 12 October 2011
Rajkumar ji,
What if the offence chrged is non-bailable?
How could a person know, without explaining charge that, under which sections of IPC the bail is required?
If accused wants to plead guilty?
Then, without charge, for which offence, will he plead guilty?
Your response has confused me about the section well mentioned by Arun Bhagat ji & Sethi ji.
Guest
(Querist) 12 October 2011
Whether a summons do require a bail, if the person recieving complies fully to it?
Rajkumar ji, can summons under IPC can be issued, if the material & evidence on record is yet to be appreciated by the court for charge ?
What is called a prima facie, if the evidence is yet to be perused ?
I have gone through the CRPC, as well explained by other members here, the proceedure told by Kuldeep ji, Sethi Ji & Arun Bhagat ji is quite reasonable.
kuldeep kumar
(Expert) 12 October 2011
amte asked becous u give him 500 mg dose.i have said many times avoid 500 mg.
Guest
(Querist) 12 October 2011
What is this Kuldeep Kumar
I think u very well know me.
Kuldeep pretends that people's queries are used for making jokes here.
I know all the book law but if I want a guidance, u better enjoy & make jokes.
O.K.
I M not confused at all.
kuldeep kumar
(Expert) 12 October 2011
amte sir i mean to say makkad ji has created confusion.is'nt it
Guest
(Querist) 12 October 2011
I am not confused at all.
I am requesting to Rajkumar ji to modify his answer.
Arun Kumar Bhagat
(Expert) 12 October 2011
Mr.Baburao Amte, I am giving answers to all questions posted in this thread in verbatim:
Sir,
1. I want to know specifically that, if accused pleads guilty, then also, is it required to take a court bail?
Ans : If it is summons triable then on the very first date you can plead guilty. But if it is warrant triable then you have to make an application that you want to plead guilty before framing of the charge. If the judgement is pronounced on same day then the court will not ask you to furnish bail bond because the trial ends. If you want to appeal against the sentence then you shall have to furnish appeal/conviction bond.
2.What is the difference between a charge and framing of charge?
Ans: Charge literally and legally means that the allegations levelled against you for which you shall be tried to defend yourself.
Framing of Charge is the process by which the prosecution presses for framing charges punishable under particular act and the defence opposes for the same. After hearing both sides the Court makes up its mind either to frame charge or to discharge the accused.Once charge is framed accused can not be discharged , he can be acquitted only. This is basic difference between discharge and acquittal.
3.Is a person called, charged with an offence, if he pleads not guilty and claims trial?
Ans: You are correct.
Rajkumar ji,
What if the offence chrged is non-bailable?
Ans: In Private Complaint case it does not make any difference,whether it is bailable or non-bailable. When the accused is obeying summons, he shall get bail.
How could a person know, without explaining charge that, under which sections of IPC the bail is required?
Ans: Bail is given considering the prima facie evidence tendered by the Complainant during enquiry i.e. u/s 200 Cr.P.C.
If accused wants to plead guilty?
Then, without charge, for which offence, will he plead guilty?
Ans: For the offence prima facie found during 200 Cr.P.C.
Your response has confused me about the section well mentioned by Arun Bhagat ji & Sethi ji.
Ans: I have no hesitation to say that I exclusively deal in criminal matters only. I posses poor knowledge of any other laws Viz.Civil, service, revenue, labour etc.
Guest
(Querist) 12 October 2011
Arun Bhagat ji,
The query was initially restricted, which was very well responded by you and sethi ji.
there is one more confusion,Since u have taken lot of pain in resolving it,
I wanna know, whether the order, explaining that accused does not plead guilty, be passed preceding the order of granting bail & further proceeding with the case?
kuldeep kumar
(Expert) 12 October 2011
it can not be passed as far as i i came to know.
Guest
(Querist) 13 October 2011
Bhaiyaa maaf karo sab.Maine bahut pooch liya knowledge aur guidance kuch jyada ho gayee.
Kuldeep, dose 1000 mg ho gayi.
Karte kya ho kuldeep bhaiyaa?
Abhi to case mein 156(3) ki application bhi pending hai.
Isiliye case 20-20 saal chalte hain court mein.
Jo sirf do hearing mein khatm ho sakte hain.
prabhakar singh
(Expert) 13 October 2011
It seems better that a neemhakeem khatrejaan like me keeps away from this serious discussion though query at first instance was too simple to answer but it has now taken a serious turn.
Arun Kumar Bhagat
(Expert) 13 October 2011
I wanna know, whether the order, explaining that accused does not plead guilty, be passed preceding the order of granting bail & further proceeding with the case?
Ans: No, that stage comes later.
prashant pundhir
(Expert) 14 October 2011
Bailable sections are those in which to get the bail is the right of the accused and he is supposed to give the surities .In non-bailable sections,the bail is the sole discription of the court concern .
Guest
(Expert) 21 November 2011
Interesting discussion!!!!!!!!!
