Overview: procedures in civil and criminal cases
Dec. 15, 2020 • Madri Chandak
Profile of the Author: Meghna Shakya is a 5-year student at UPES, Dehradun
INTRODUCTION
There is a big difference in the proceedings as well as the intention of the judges while judging a civil or a criminal matter. There are several points that draw a wide line of difference between the two. A civil injury is considered when there is a violation of fundamental right of an individual or some wrong has been caused. It affects only the individual and maybe just his family members. Now, in a criminal matter, any crime even if happened with only an individual, or a group of individuals, affects all the society and creates a fear in the minds of all. In case of civil matters, a judge is inclined to impose penalties and not more than one or two year of imprisonment, but in a criminal matter, sentence to imprisonment could extend up to till death or the capital punishment, i.e. sentenced to death.
CIVIL AND CRIMINAL CASES
Now, when the results of the cases are different so will be there procedures. In a Civil case, it is simply know as either an allegation or a complaint filed against the one who is believed to have committed the wrong. For this, a Plaint has to fill clearly informing the nature of complaint and both the parties along with the verification from the plaintiff that the contents of the plaint are true and to the best of the knowledge of the plaintiff and it is submitted in the court for proceedings.
Then, a date is given by the court for the hearing of the case. On the first day of hearing, if hearing on the facts presented and stated by the plaintiff seems to be satisfying to the court for proceeding, then it issues a notice to the other party to submit their arguments in a fixed time period. Along with the arguments the defendants also has to appear before the court. Also, the defendant is required to file his written statement, which specifically denies all the allegations. Any allegation that is not specifically denied is recognised to be admitted. The written statement should ensure and specifically deny the allegations, which the defendant thinks are false, as any of the allegations not specifically denied is deemed to be admitted. It should also mention that the contents that are mentioned are true, correct and to the best of his knowledge also should be submitted within 30 days which could be extended up to 90 days after the permission of court.
In the reply of the written statement of the defendant a Replication is filed. Once the replication is file the pleadings are stated to be completed. Once completed, the parties are given opportunity to substantiate their claims by producing file and documents. Only filling of the documents is not sufficient, they should be admitted in the court of law. The documents should be filed in original and a photocopy or a spare copy is given to the opposite side. Then “Issues” are framed by the court on which basis the arguments and examination of witness takes place. Issues can be either of law or of a fact. The witnesses which either parties wish to produce, has to be produced before the court. The examination by a party of its own witness is known as Examination – in – chief. While on the other hand the examination of others witness is called cross- examination. After the examination of witness is done, date of final hearing is decided. On this day, final arguments take place within the scope of the issues and after hearing both the sides, the court passes an order or a judgement.
There are many stages in a Criminal trial, they are:-
- First Information Report: Under Section 154 of the Code of Criminal Procedure, a FIR or First Information Report is registered. It puts the case into motion. It is the information given by the sufferer to the police relating to the happening of an offense.
- Investigation: The next step is the investigation by the designated investigating officer. The investigating officer by examination of facts and circumstances, evidence collection, examination of various persons and their written statements and all the other steps necessary for completing the investigation arrives at a conclusion and then that conclusion is filed to the magistrate as a police report.
- Charges: If after considering the police report and other important documents the accused is not discharged then the court frames charges under which he is to be trialled. In a warrant case, the charges should be framed in writing.
- Plea of guilty: Section 241 of the Code of Criminal Procedure, 1973 specifies about the plea of guilty, after framing of the charges the accused is given an opportunity to plead guilty and it should be voluntary which is to be ensured by the judge that the accused is under no obligation or pressure to either admit the crime or deny it.
- Prosecution evidence: After the charges are framed on the accused, and if instead of confessing, the accused pleads non- guilty, then the court needs the prosecution to produce evidence to prove the guilt of the accused. The prosecution is required to support their evidence with statements from its witnesses and it is called “examination in chief”.
- Statement of the accused: Section 313 of the Criminal Procedure Code gives an opportunity to the accused to be heard and explain the facts to the court and circumstances of the case.
- Defence evidence: An opportunity is given to the accused in a case where he is not being acquitted to produce so as to defend his case. The defence can produce both oral and documentary evidence. Either could work as a evidence.
- Judgement: The final decision of the court in the purview of the witness, evidences and arguments placed before the court is given. The Accused is either acquitted or is punished or fine or both punished and fine. It depends upon the facts and situations in which the offence was committed.
CONCLUSION
Hence, it could be deducted that both the procedures isn’t that similar not that different. It only starts to get different in the early stages and the last stage of decisions. In the civil cases, first a plaint is filed whereas in a criminal case, the first document is FIR. And at last, the punishment given in the civil cases rarely rises up to imprisonment of 3-5 years, it’s usually in the form of fine or penalty. But in the criminal case, it is usually imprisonment and fine both.
The main concept of civil procedure is productivity. The guidelines of civil procedure are intended to make the cycle proficient and smooth and forestall long preliminaries where they are not required. This is conceivable on the grounds that the main thing in question for the litigant is cash.
The concept of the criminal procedure is Constitutional assurance. The standards of criminal procedure are intended to ensure a charged individual's Constitutional rights and keep the public authority from illegitimately or unreasonably blaming or accusing and producing a particular person of the crime. The explanation behind these extra defends is that somebody's opportunity and notoriety are in question in a criminal preliminary.
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