CRIMINAL MATTER

Each of the element has its own brief of description. The agenda of criminal law is that the purpose of outlawing conduct is to protect society. Law Makers pass a law with the belief of developing public good. The Act of Criminal Law is to be applied evenly in society. The purpose of punishing criminal offenders includes retribution, behavioural activities and preventing further offences and behavioural activities by the offender.

In India, crime rates increase each and every year. There can’t be a full stop to all the crime rates but with certain disciplinary rules and regulations, we can prevent further criminal activities by eliminating a particular criminal offence. The punishments are meant to reduce the crime rates and it has shown significant changes in society. In Today’s Society, each and every citizen knows the fact of what a good thing is and what a bad thing is but there are some people known as lawbreakers who are well aware of the punishments but yet commit a crime and pay the price for the commitment.

Criminal case instituted generally in two ways- by filing complaint directly in the Court or by filing police complaint. Police after investigation submits chargesheet or Final Report depending on the outcome of the investigation. The court process in case of case instituted on police report are as follows:

• Issue of summon
• Appearance of the accused
• Serving copy to the accused
• Charge frame
• Trial
• Evidence of the prosecution and cross examination
• 313 Statement of the accused
• Defence evidence and cross examination
• Argument
• Judgement

The process followed in complaint case are

• Complaint filing
• Examination of complainant and its witnesses
• Issue of summon
• Appearance of the accused
• Serving of the copy
• Evidence before charge frame
• Charge frame
• Evidence of the complainant and cross examination
• Recording of 313 CrPC statement of the accused
• Defence evidence and cross examination
• Argument
• Judgement

The complainant or the prosecution has to prove its case beyond reasonable doubt. Once judgment is pronounced, accused is sentenced to undergo imprisonment according to the offence. Sometimes with imprisonment fine is also imposed. In default of payment of fine, imprisonment is prescribed. As per section 53 of the Indian Penal Code, there are five types of punishments that a court may provide to a person convicted for a crime. These are death, imprisonment for life, simple and rigorous imprisonment, forfeiture of property and fine.

The agenda of criminal law is that the purpose of outlawing conduct is to protect society. Law Makers pass a law with the belief of developing public good. The Act of Criminal Law is to be applied evenly in society. The purpose of punishing criminal offenders includes retribution, behavioural activities and preventing further offences and behavioural activities by the offender.

In India, crime rates increase each and every year. There can’t be a full stop to all the crime rates but with certain disciplinary rules and regulations, we can prevent further criminal activities by eliminating a particular criminal offence. The punishments are meant to reduce the crime rates and it has shown significant changes in society. In Today’s Society, each and every citizen knows the fact of what a good thing is and what a bad thing is but there are some people known as lawbreakers who are well aware of the punishments but yet commit a crime and pay the price for the commitment.

Once a person is in police custody and is charged with an alleged offence, He /She may be able to get out of jail by posting bail or obtaining a bond. A judge regulates the amount of bail based on factors like the seriousness of the alleged offence, the probability that the accused will commit supplemented crimes after being set free, and the chances that the accused will flee the jurisdiction before trial. A judge may set bail at any amount which is not questioned or deny bail altogether.

Majority of criminal sentence result from plea bargains. Their prevalence has arisen as a matter of necessity for many prosecutors and judges since the criminal justice system has become overload and incompetent. In a plea bargain, the accused and the prosecutor reach an agreement in which the accused pleads guilty or no contest in exchange for concessions by the prosecutor. These might involve a reduction in the level of the charge, a recommendation for a lenient sentence, or a reduction in the number of charge if the accused is facing multiple charges.

Many people believe that plea bargains are an improper shortcut that denies an accused their right to have their voice heard in court. However, they are firmly entered in the system. Accused often appreciate the ability to arrange a result that allows them to move forward with their life and avoid the unsettle plea of a trial.

Probation and parole are considered as some advantages which allow criminals to avoid prison or to be set free from prison after serving only a quarter of their sentences. The goals of probation and parole are to readapt the offenders and guide them back into society while lowering the fact that they will commit a new offence.