COMMENCEMENT OF PROCEEDINGS

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILENT OF THE COURSE

TITLED-
CRIMINAL LAW- II

Submitted by: Submitted to:

AMISHA PRAKASH Ms. Sugandha
ROLL NO:2005 (4TH Semester)
B.B. A. LL. B, (CNLU, PATNA)
Academic session-2018-2023

CHANAKYA NATIONAL LAW UNIERSITY

Nyaya Nagar, Mithapur,Patna 80001
INTRODUCTION
There are three stages of criminal cases; investigation, inquiry and trial. The first stage is
investigation and is reached when the police officer either by himself or under orders of
magistrate investigates into a case. when an information of a cognizable offence is received
or cognizable offence is suspected, a police officer in charge of a police station investigate
into the matter. If the information relates to non-cognizable offence, the police officer can
investigate only after the order of a magistrate.
The second stage is enquiry or trial. If the magistrate is of the opinion that the case is triable
by him and also, he is competent to impose adequate sentence on the accuse, he may himself
deal with the case and may discharge or acquit or convict the accused. If he is of the opinion
that the offence is serious one and exclusively triable by sessions court, he shall commit the
case to the court of sessions. Such committal is made only on the basis of inquiry conducted
by him finds that a prima facie case has been made out against the accused. They are known
as Committal proceedings.
The third and final stage of criminal proceeding is trial. Once investigation and inquiry ends
the trial begins, which ends in acquittal or in conviction.
Though the term “trial” is not defined in the code. The term “trial’’ is defined in various
dictionaries according to them
“A formal judicial examination of evidence and determination of legal claims in an adversary
proceeding.”
“Hearing of cause civil or criminal before a judge who has jurisdiction over it, according to
the law of land. Trial is to find out by due examination the truth of the point in issue or
question between the parties whereupon judgement may be given.”
Black’s law dictionary
Research Methodology

• Method of Research
The researcher has adopted a purely doctrinal method of research. The researcher has
made extensive use of the available resources at library of the Chanakya National Law
University and also the internet sources.

• Aims and Objectives

The aim of the project is to present an overview of various aspects of Trial before Court
of Session through cases, decisions and suggestions and different writings and articles.

• Research Questions
1. Whether the power to order police investigation under Section 156(3) is different from the power to
direct investigation conferred by Section 202(1)?
2. What are the components of fair procedure in the administration of criminal justice?
3. Whether every accused person has a right to be defended by a counsel of his choice?
4. What happens when the accused person chooses to plead guilty without appearing before the
magistrate?
• Hypothesis
When a lower court convicts an accused and sentences him, the presumption that he is innocent comes to
an end.

• Scope and Limitations

Though the study of commencement of proceedings is an immense project and pages
can be written over the topic but due to certain restrictions and limitations the
researcher has not been able to deal with the topic in great detail.

• Sources of Data:
The following secondary sources of data have been used in the project-
1. Cases
2. Books
3. Journals

• Method of Writing:
The method of writing followed in the course of this research paper is primarily
analytical.

• Mode of Citation
The researcher has followed a uniform mode of citation throughout the course of this
research paper.
CHAPTERISATION
1) Introduction
2) Scheme of Criminal Law
3) Complaint to Magistrate
• Section 200
• Section 201
• Section 202
• Section 203
4) Commencement of Proceedings
• Section 204
• Section 205
• Section 206
• Section 207
• Section 208
• Section 209
• Section 210
5) Relevant Provision as to Session Trail
6) Fair Trial and its Principles
7) Appeals
8) Conclusions and Suggestions
BIBLIOGRAPHY
BOOKS:

• Dr. N.V Paranjape, The Code of Criminal Procedure, 2nd ed., Central Law Agency,
Allahabad, 2010

• M.D Chaturvedy, Code of Criminal Procedure, 4th ed., Allahabad Law Agency,
Faridabad, 2009

• R.V Kelkar, Criminal Procedure, 5th ed., Eastern Book Company, Lucknow, 2012
• Ratanlal And Dhirajlal, Code of Criminal Procedure, 17th ed., Lexisnexis Butterworths Wadhwa
& Co., Nagpur, 2008
LEGISLATIONS:

• Code of Criminal Procedure Act, 1973.

• Constitution of India, 1950
• Indian Evidence Act, 1872
DICTIONARIES REFERRED:

• Garner Black’s Law Dictionary

• Oxford Advanced Learners Dictionary
REPORTS:

• Law Commission of India, 41st report, 1969

• Law Commission of India, 69th report, 1977
• Justice Malimath Committee Report, 2003