About Criminal Litigation
The Indian criminal justice system stands on the rooted principle of “presumption of innocence,” navigates a complex journey from alleged offence to final judgment.
Initially, criminal litigation in India was governed by the Indian Penal Code of 1860, which is the primary criminal code containing the Crimes and Punishments. The IPC was replaced by the Bhartiya Nyaya Sanhita in 2023. Further, the procedure of investigation and prosecution is governed by the Code of Criminal Procedure, 1974. The CrPC was replaced by the Bharatiya Nagarik Suraksha Sanhita in 2024.
The BNS and BNSS are the replacements of the IPC, CrPC and the Indian Evidence Act of 1872. Further legislative interventions through the enactment of the Bharatiya Nyaya Sanhita and/or the Bharatiya Nagarik Suraksha Sanhita or other such legislation seek to amend these and bring the system into the 21st century with an eye towards both victim rights and the use of technology, all while attempting to fit into the delineated safeguards in the Constitution.
The first and the most crucial step is FIR. It initiates a police investigation, including evidence collection and witness statements, as well as forensic analysis. The charge sheet, which is the end result of this investigation is detailing the allegations.
The trial is held in public. It follows rigorous evidentiary standards that protect against unfairness. Furthermore, the state, acting through the prosecution, has the burden to prove guilt “beyond a reasonable doubt.” The defence, which protects the accused’s rights, may cross-examine witnesses and call its own evidence.
Another important mechanism is Bail, which serves as a balancing act between individual liberty and the judicial process. Courts weigh in on factors such as the seriousness of the offence and the flight risk. Based on conviction, these crimes can be sentenced by means ranging from fines to imprisonment to capital punishment that, in accordance, show the severity of the crime.
Through appeals a way exists to query the verdict of the lower courts up to the level of the High Courts and indeed the Supreme Court.