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