2. Civil Case-
Violation of rights of specific people,
Effected person goes to the court directly(or through a lawyer) and
proceedings start in court.
All expenses are to be born by the parties.
Both the parties have to engage their own lawyer.
A decision clarifying the rights of the parties is pronounced- no
punishment as jail etc.
Criminal case-
Commission of offence as defined under criminal laws.
Generally the process starts at Thana.
Govt. takes care of the expenses on behalf of the victim.
Public Prosecutor is appointed on behalf of the victim.
Accused if found guilty is punished by imprisonment , fine, or in few
cases by death penalty
3. Criminal law mainly involves:-
The Code of Criminal Procedure 1973. A law which
mainly contains as to how police and criminal courts
would proceed in a case.
The Indian Penal Code 1860- a law which contains
various offences and its punishment
The Indian Evidence Act 1872- contains a set of rules
and allied issues governing admissibility of evidence in
the courts of law.
4. Reporting the Offence
Cognizable – Immediate FIR – Investigation -
Arrest without Warrant
Non Cognizable- Entry in separate register (NCR)-
Investigation only on order of the court- Warrant
from the court necessary for making arrest.
Note: A list of Cognizable and non Cognizable offences is
given in Cr.P.C.
8. -Any kind of evidence or witness not
required at the time of lodging of FIR.
-Report can be given orally or in writing.
-Without Lodging FIR Police cannot start
investigation.
-Complainant has right to get a copy of FIR
free of cost.
9.
10. What in case police refuses
/avoids to lodge an FIR?
11. LALITA KUMARI v. GOVT.OF U.P.& ORS.
FACTS: A Minor Girl was kidnapped. Lalita Kumari went with a written
complaint to the Police Station. The Officer In Charge did not take any
action on the same. The FIR was registered after she approached the
Superintendent of Police.
“In case F.I.Rs are not registered within the aforementioned time, and/or
aforementioned steps are not taken by the police, the concerned
Magistrate would be justified in initiating contempt proceeding against
such delinquent officers and punish them for violation of its orders if no
sufficient cause is shown and awarding stringent punishment like
sentence of imprisonment against them inasmuch as the Disciplinary
Authority would be quite justified in initiating departmental proceeding
and suspending them in contemplation of the same.”
12. Arrest
-Police has to inform about the reason of arrest.
- Police has to inform the relative/friend of the arrested person immediately.
-Arrested person be produced before the concerned magistrate within 24
hours.
- Special provisions for arrest of a woman .
- Memo of arrest , Inspection memo
- Right to medical examination on every 48 hours.
-Right to consult the lawyer of one’s choice.
