Nature and Stages of a criminal case

Nature of a Criminal case:

—It is an adversarial process in Bangladesh.

—The criminal standard of proof is to prove the guilt beyond reasonable doubt.

—A person accused of crime is presumed as innocent until the guilt is proved beyond reasonable doubt.

—By the criminal proceeding punishment of the wrongdoer is sought.

—A criminal proceeding in Bangladesh is regulated under the Code of Criminal Procedure’ 1898.

Stages in brief:
                      Proceeding Stage:

•      —A criminal case can be started either by the Police Station or by the Magistrate Court.
•       GR Case/By Police Station:
•      Generally in the Police Station a case is started by the submission of First Information Report or FIR in case of cognizable offence.
•     Cognizable offence means when police can arrest without warrant and non-cognizable means when a police cannot arrest without warrent.
•       Such case is started with a FIR No. or PS (Police station case) No. The original copy of the FIR is sent to the Magistrate Court within 24 hours where another number is put which is called General Registered Case Number (GR Case number). So a case started by the police station is also called GR Case.
•     In case of information regarding the non-cognizable case or any other information  is entered in the General Diary kept in the police station . If it is regarding the non-cognizable offence it is sent to the Magistrate Court. 
•       In GR Case State represent as prosecution.
•       In case of cognizable offence investigation is done by the Police.
•      Investigation has to be conducted by an IO (investigation officer) or anyone other than a Magistrate who has been authorised by a Magistrate for this purpose.
•       Maintaining a diary during investigation is mandatory for the investigating officer. 
•      —Any person who is arrested during investigation has to be produced before a Magistrate if investigation cannot be completed within 24 hours of arrest. This is known as ‘forwarding’. In this case police may seek remand for the arrested person for more interrogation. 
•       —After completion of Investigation IO may submit Final Report or charge sheet.
•        a) Final Report: After investigation if no case of the offence is found against the accused the police gives final report. 
•       b) Charge Sheet: After investigation if any case of the offence is found against the accused the police submits charge sheet . It essentially recommends for starting the trial against the accused .
•       The magistrate can accept or reject the report. If he rejects the report he may order further investigation by the police  or order for inquiry by a Magistrate.
•      Naraji Petition: If Magistrate accepts the final report then the informant being aggrieved can file a naraji petition which is regarded as complaint.
•        CR Case or By Magistrate Court:
•         —A criminal case can start also by filing complaint to a magistrate.
•       After examination of the complainant the Magistrate may dismiss the case or take into cognizance or order inquiry by a Magistrate or investigation by a Police Officer.
•       As this is entered into Complaint Registrar, such case is called CR case.
•       If it is taken into cognizance, it is sent for trial into the competent court.
•        Generally Complainant represent as prosecution in such cases.
•        Proceeding stage or Trial Stage:
•        If there is nothing to constitute charge, the accused is discharged.
•        Framing of Charge: If there is any element for constituting charge, the charge is framed and it is framed in front of the accused. It means to communicate the accused about his guilt.
•        Plea and Conviction: After the framing of charge, if the guilt is pleaded by the accused, accused may be convicted without trial or taking evidence. If guilt is not pleaded, the trial starts.
•        Trial or examination of parties: Prosecution is examined by Examination in Chief (by prosecution lawyer),  Cross Examination (by opposite party's lawyer), Re-examination (by prosecution lawyer).
•       If prosecution is failed to establish the case, accused may be discharged.
•     Otherwise, Defence is examined by Examination in Chief, Cross Examination, Re-examination.
•       Arguments: This process is done generally in Session Court. Pleaders on both sides are given last chance to establish their cases through arguments.
•      Judgement: If the accused is found innocent, acquittal is pronounced and punishment is given in case of guilt is proved against the accused.

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