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Process from FIR to Judgment in India

The criminal justice system in India follows a well-defined procedure that ensures fairness, accountability, and protection of the rights of both victims and accused. Understanding the journey from First Information Report (FIR) to the final judgment helps citizens know what to expect in a criminal case.


Filing of FIR (First Information Report)

  • Section 154 of the Code of Criminal Procedure (CrPC) makes it mandatory for police to register an FIR in case of a cognizable offense (serious crimes like murder, theft, rape, cheating, etc.).

  • The complainant gives the details of the crime orally or in writing.

  • A free copy of the FIR must be provided to the complainant.

👉 Without an FIR, the criminal process usually does not begin.


Police Investigation

Once the FIR is registered, the police begin investigation. This includes:

  • Collecting evidence from the crime scene.

  • Recording witness statements under Section 161 CrPC.

  • Conducting medical or forensic tests if required.

  • Arresting the accused (if necessary).


Arrest & Production Before Magistrate

  • If an arrest is made, the accused must be produced before a magistrate within 24 hours (as per Article 22(2) of the Constitution and Section 57 CrPC).

  • The magistrate decides whether the accused will be sent to police custody or judicial custody.

  • Bail applications can be filed during this stage.


Filing of Charge Sheet or Closure Report

  • After completing the investigation, the police file a Charge Sheet under Section 173 CrPC, if sufficient evidence is found.

  • If no evidence is found, a Closure Report is filed, and the magistrate decides whether to accept it or order further investigation.


Cognizance by Magistrate

  • Under Section 190 CrPC, the magistrate examines the charge sheet and decides whether to take cognizance of the offense.

  • If accepted, the accused is summoned or a warrant is issued.


Framing of Charges

  • The court frames charges based on the evidence and law (Sections 211–224 CrPC).

  • Charges are formally read out and explained to the accused.

  • The accused can plead guilty or not guilty at this stage.


Trial Proceedings

The trial is the most crucial stage where both sides present their case.

a) Prosecution Evidence

  • The prosecution presents witnesses and evidence.

  • Cross-examination by the defense is allowed.

b) Defense Evidence

  • The defense can present its own witnesses and documents.

c) Examination of the Accused

  • The accused is given an opportunity to explain circumstances against him (Section 313 CrPC).

d) Final Arguments

  • Lawyers from both sides present their arguments before the court.


Judgment

  • The court delivers its verdict under Section 353 CrPC.

  • If the accused is found guilty, the court passes a sentence (punishment).

  • If not guilty, the accused is acquitted and set free.


Appeal Process

  • If either party is not satisfied with the judgment, they can file an appeal in a higher court as per Sections 372–394 CrPC.

  • Appeals may challenge conviction, sentence, or acquittal.


Flow of Criminal Case in Simple Steps

Complaint → FIR → Investigation → Arrest & Custody → Charge Sheet/Closure Report → Court Cognizance → Framing of Charges → Trial (Prosecution + Defense) → Final Arguments → Judgment → Appeal (if any)

The process from FIR to Judgment ensures that justice is delivered fairly, balancing the rights of victims with the safeguards for the accused. While it may seem lengthy and complex, each step is designed to prevent misuse of power and to uphold the rule of law.

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