Indian Judicial system has been pointed out for its delay in ensuring justice and the time period that it takes for disposal of civil as well as criminal cases. We are not focusing on this aspect of dealy and no speedy trials, and rather we focus on the criminal proceedings across the country to know why such a delay and takes decades to dispose of a particular. A few examples of the same would be the Babri Masjid case, Nirbhaya case, etc. Indian constitution provides the right to a fair trial for any offender under article 21, which provides the right to life and dignity. Such a right is not absolute in nature, and the same shall be taken away through law. This article will focus on the criminal proceedings that take place in the courts of law and the laws and procedures that will be applicable in the case of criminal proceedings.
Criminal Laws in India:
Let us first look into the laws applicable for any criminal proceedings in India under the criminal law system. The three main laws governing the criminal justice system and the proceedings of a case are,
- Criminal Procedure code, 1973
- Indian Penal Code, 1860
- Indian Evidence Act, 1862
Proceedings under each law and their interdependence for the criminal proceedings in a court of law shall be dealt with as follows.
- Criminal Procedure code, 1973
The Criminal Procedure code, 1973, forms the basis for all the criminal proceedings, and the way how a criminal system should function has been deeply dealt with and provided under the code of 1973. The preamble of the code of 1973 specifies that it is an act or the code to consolidate and amend the laws relating to the criminal procedure in India. What does the Code of 1973 state when it comes to criminal proceedings? Section 4 and 26 of the code will govern all the criminal proceedings with respect to what will be the court of law that will take up the crime committed and also with respect to the procedure that it should follow while dealing in the court. So, the investigation shall be made or inquired as per the procedure of this code if there is no procedure that has been given any other code.
What are these offenses that the Code of 1973 speaks about? These are the offenses that are under the Indian Penal code, and that shall be brought under the Code of 1973 for the purpose of defining the procedure for proceedings of such offenses in the court of law.
But when does this case actually start, or when shall the proceedings be initiated by the court? It is important to note that once a complaint has been made by the complainant to the magistrate for the purpose of him taking action. This is when the actual criminal proceedings such as inquiry and trial start. Many of us get confused with the terms trial and inquiry. Code of 1973 also defines that any investigations and procedures that are carried out before a magistrate takes over the case shall be regarded as inquiry, and any proceedings that take place through the magistrate shall be regarded as the trial of the case. These terms are very important while dealing with the code of 1973 along with the types of offenses.
Indian Penal code:
Whatever the offenses that Code of 1973 had talked about earlier, shall be referred back to get clarified through the Indian Penal code, 1860. Indian Penal code, 1860 is the only law in India that codifies the laws relating to the offenses such as offenses against property, against the state, etc. Indian penal code, as per sources, cannot be equated to the criminal jurisdictions and cannot be interpreted in the same way as it was done when the code was enacted. So, we have been seeing different interpretations and understanding happens while dealing with a case, especially which are criminal in nature. One of the examples of such interpretations is the recent judgment on section 377 of the Indian penal code. Criminal proceedings and the nature of defining an act as an offense have enormously changed along with the changing period. What happens when there is a conflict between the Indian Penal code and the code of criminal procedure or any other laws for that matter in India? Courts have interpreted in a way to mean that the offender shall not be tried under the IPC, 1860.
Indian Evidence Act, 1862
Indian evidence act, 1862 is to consolidate, define the terms and also amend the laws and procedure of evidence in India. It plays an important in the area of criminal proceedings, which includes identifying the evidence and producing the same before the court of law or the magistrate for that matter. This particular act shall be applicable to any judicial proceedings that take place in any court of law, secondly – in any court-martial, unless an act appears contrary. It has been noted that the evidence act shall be applicable to affidavits and proceedings before the arbitrators. It is also noted that the evidence act comes under the purview of procedural laws and not substantial laws. In the Whitehaven and Furness Junction railways case of 1850, it was held that evidence is Lex forti in nature and governs all the courts of law. What kind of witness should be admitted, which evidence proves the facts in the case etc., shall be determined by the court of law through the Evidence act, 1862.
This is not exempted in the criminal proceedings as well and has more significance in these kinds of criminal matters.
Conclusion:
Having seen the laws and procedure that is applicable in the criminal proceedings of a case, it is clear that there are essential and procedure involved while coming to a conclusion or a decision in any criminal matters for that matter. Thus, a criminal proceeding does involve the procedure, as stated above, to give proper justice to the victims.