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WHAT IS A CRIMINAL PROCEEDING?

 

Criminal proceeding is a legal proceeding where an accused person is prosecuted for committing a criminal offence and can be sentenced upon conviction.

 

HIERARCHY OF TRIAL COURT

 

  • High Court – to hear all criminal cases punishable with death
  • Sessions Court – to hear all criminal cases except cases punishable with death.
  • Magistrates’ Court – to hear all criminal cases which carry maximum term of imprisonment sentence of 10 years of imprisonment and/ or fine.

 

PARTIES IN CRIMINAL PROCEEDING

 

  • Magistrate/ Session Court Judge – A judge who will preside the proceeding in court.
  • Prosecutors – A Legal Officer who will conduct prosecution proceeding of the accused person.
  • Defence Counsel – A Lawyer representing the accused person.
  • Witnesses – Persons who will be called by the prosecution/ defence counsel to give evidence in court.
  • Accused – A Person charged for committing a criminal offence.

 

EXAMPLES CRIMINAL OFFENCES

 

  • Public nuisance
  • Rape
  • Voluntarily causing hurt
  • Causing miscarriage
  • Wrongful confinement
  • Assault
  • Kidnapping
  • Incest
  • Theft
  • Extortion