| Criminal Litigation | |
| 1 | Criminal actions |
| 2 | Section 138 proceeding |
| 3 | Mandate of Section 165 of Indian Evidence Act, 1872 |
| Criminal Litigation | |
| 1 | Criminal actions |
| 2 | Section 138 proceeding |
| 3 | Mandate of Section 165 of Indian Evidence Act, 1872 |
| Criminal Litigation |
|
Criminal actions Ordinarily, in Criminal law, there are two ways by which the machinery of law is set into motion against any person –(a) By registering FIR (First Information Report) before Police u/s 154 of CrPC, 1973 or by making Application u/s 156(3) to the Magistrate, thereby Magistrate directing the Police to register the FIR, investigate the offence and file Police Report in a time bound manner; (b) By making a private complaint before the concerned Magistrates Court u/s 200 of CrPC, 1973. In a private complaint u/s 200, the Magistrate who is taking cognizance of an offence, is obliged to examine upon oath the complainant and if necessary, the witnesses present; and the substance of such examination shall be reduced in writing. The paramount object of this examination of the complainant and his witnesses u/s 200, is to secure evidences against the persons accused of; and to further satisfy himself that there are sufficient material or evidences against the persons who is charged with the commission of certain offences. Sine Qua Non for taking cognizance of the offence is the application of mind by the Magistrate and his satisfaction that the allegations, if proved, would constitute an offence. It is, therefore, imperative that on a complaint or on a police report, the Magistrate is bound to consider the question as to whether the same discloses commission of an offence and is required to form such an opinion in this respect. When he does so and decides to issue process, he shall be said to have taken cognizance. At the stage of taking cognizance, the only consideration before the Court remains to consider judiciously whether the material on which the prosecution proposes to prosecute the accused brings out a prima facie case or not. Section 134 of the Evidence Act, 1872, may be a guiding law which says that the law does not lay down any number of witness which may require to prove a “fact”. Therefore, a “fact” may be proved with the aid of only one witness; and it may be futile and waste of precious time of the Court to engage in deposition of number of witnesses to prove a “fact”. And in cases where it is noticed that further evidence may require to be led to prove a “fact”, Section 311, CrPC, 1973, may be invoked. Further, the “burden of proof” to lead evidence would also be critical in deciding the length of any litigation. For example, in cases where there exists a presumption of law as to existence of any fact, like in cases of presumption of “consideration” in issuance of negotiable instruments (Section 118/139 of the Negotiable Instruments Act, 1881), the burden to lead evidence would be upon the adversary to rebut the presumption, if issuance of negotiable instrument is not in dispute. Further, in such cases, even if evidence are to be led, it may led only to the extent, so as to bring in, the presumption of law in one’s favour. [AIR 1973 SC 2773]. Further Section 106 of the Evidence Act would also be critical in deciding the burden of proof to lead evidence, and thus the length of any litigation. Nature of Criminal proceeding: https://www.litigationplatform.com/Judgment/Index/c007d31c-cfe0-4ae2-ad98-e42f70dadd0c Refusal to Register F.I.R. by Police: https://www.litigationplatform.com/Judgment/Index/bcd72262-95b6-4050-b420-c7da60810db2 False F.I.R.: Legal Alternatives: https://www.litigationplatform.com/Judgment/Index/92cfb44b-88a2-4846-b6d3-2a3ca4d4bf94 False accusation of commission of offence: Legal Alternatives: https://www.litigationplatform.com/Judgment/Index/68e7eb71-006f-4ab2-9d0c-bf2337b8ad25 Unlawful Summons by Police: https://www.litigationplatform.com/Judgment/Index/e2ab4316-b52f-42f0-95ed-ad9b5b2b8d02 Illegal arrest by Police: https://www.litigationplatform.com/Judgment/Index/baa506b6-c804-4ad8-8f8e-e16cfb6e0f07 Police not Investigating the crime: https://www.litigationplatform.com/Judgment/Index/2a53bcbf-52f6-428e-8677-1d60376cbe46 |