In India, the law is divided into Acts where Sections are enumerated defining the wrongdoing. The procedure to discover the wrongdoing and the culprit is laid down in the Procedure code.
Thus, we have the Civil Procedure Code (CPC) and Criminal Procedure Code (CrPC). The criminal Procedure code is applied in all crimes and the rest of the cases come under the Civil Procedure Code.
Unveiling the Initial Steps in a Criminal Case
The Criminal Procedure Code states that every criminal case begins with filing a complaint with the police, either orally or in writing. If given orally, the police write it down. This is under Section 154 of CrPC.
After filing, the police investigate the matter. They then file a charge sheet, framing charges against the accused. Following this, the criminal suit starts in court to decide if the accused is guilty.
Types of Offence: Cognizable vs Non-Cognizable Offences
A cognizable offence is serious. Here, the police can arrest without a warrant. Examples include rape, murder, and theft.
A non-cognizable offence is less serious. In these cases, the police need a warrant to arrest. Examples are forgery, cheating, and defamation.
Under Section 155 (2), police cannot investigate a non-cognizable case without a Magistrate’s order.
Arrest ensures that the accused attends court proceedings. It also protects society from further harm by the accused.
Ensuring Accountability: When Police Refuse to File an FIR
If any police officer refuses to file a complaint or FIR (First Information Report), the complainant can approach the concerned judicial magistrate with an application of the non-recording/nonacceptance of the complaint by the police.
The magistrate may order police to register the complaint/FIR (First Information Report) under section 156 (3) of the CrPC.
Importance of the First Information Report (FIR)
The FIR is the most important document in a criminal case. It initiates the investigation to discover the culprit and bring justice. The FIR or complaint should be drafted carefully. It must include all relevant incidents in detail.
Whenever a crime occurs, the person must inform the police in writing and take a receipt. If given orally, ensure the police write it down, read it back, and get it signed. This creates a record and starts the investigation process.
Key Takeaway: Criminal vs Civil Procedure Code India
Understanding the criminal vs civil procedure code in India helps in knowing your rights and the legal steps to take in any situation. While CrPC deals with crimes and punishment, CPC handles disputes like property, contracts, and personal rights.
Image Disclaimer: Some images in this article are AI-generated, while others are sourced from royalty-free platforms like Pexels, used solely for illustrative purposes. Picture credit to the original owners.
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