Procedure in criminal cases

Querist : Anonymous (Querist) 30 October 2021 This query is : Resolved
SIR, COULD I PLEASE BE GUIDED HOW A CRIMINAL CASE PROCEEDS: ONCE SUMMON IS ISSUED THE ACCUSED HAS TO APPEAR IN COURT. ONCE ACCUSED RECEIVES THE CASE PAPERS SHOULD THE ACCUSED SUBMIT HIS REPLY TO THE COMPLAINT FILED BY THE COMPLAINANT? OR SHOULD THE ACCUSED FILE HIS REPLY BEFORE FRAMING CHARGES OR AFTER THE CHARGES ARE FRAMED? IF THE COMPLAINT IS NOT SUPPORTED BY DOCUMENTERY EVIDENCE AT WHAT STAGE SHOULD AN APPLICATION SECTION 91 OF THE CR PC BE SUBMITTED IN COURT SHOULD IT ALSO BE BEFORE FRAMING OF CHARGES OR AFTER FRAMING OF CHARGES?

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P. Venu (Expert) 31 October 2021
In criminal case, it is for the prosecution/complainant to lead the evidence and prove their case. The trial commences if the accused pleads 'not guilty'. There is no need for him to file any reply before framing of charges.

It is only after the prosecution case is completed that he has to reply to the examination by the court and put up a defence, if so required and so advised.

K Rajasekharan (Expert) 31 October 2021
I have described an outline of the stages and procedures of a Complaint Case, in such a way a layperson can get some grasp of it, in an article at https://lawwatch.in/a-complaint-case-its-stages-procedures/

K Rajasekharan (Expert) 31 October 2021
Framing of charges in criminal cases is yet another article of relevance to this query and that is available at https://lawwatch.in/framing-of-charge-in-criminal-cases/

K Rajasekharan (Expert) 31 October 2021
An outline of Sessions Trial (both Summons trial and Sessions trial have similar framework but there are some differences) is also there at https://lawwatch.in/trial-before-a-court-of-session-an-outline/

Dr J C Vashista (Expert) 01 November 2021
Prima facie it is an academic exercise.

Sudhir Kumar, Advocate (Expert) 20 November 2021
please give facts of the case instead of setting essay question paper

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