Disposal of a criminal case in India
Date : 28 Apr, 2021
Post By Bhupender Tanwar
William Gladstone has rightly said "Justice delayed is justice denied" and our judiciary system seems to perfect the art of delaying and creating a history of the number of pending cases around the world. For any efficient justice system, it is pertinent that the case is disposed off quickly and effectively.
This blog will elaborate on what does it means to dispose of a case and particularly in a criminal case, what does dispose of mean on a criminal record, what does disposed of mean on criminal charges. Meaning of disposal of criminal case: Disposal of the case means that all charges or disputes in the particular case are settled by the court. Irrespective of the fact that it is civil or criminal in nature. The case is often disposed of when the proceedings relating to the case are completed and the judge pronounces a judgment. For inferior court, the case is disposed of when and the case is referred to a higher court. Case disposal includes a guilty plea, found guilty or not guilty, or dismissal at a trial by the judge. Consult the best criminal lawyer online Disposal of case on criminal charges - The court may find the charges groundless or not sufficient and may discharge the accused of the same. The court after trial finds the accused guilty or not guilty of all the charges alleged against him The court after trial finds the accused guilty of only certain charges alleged against him therefore the accused is discharged of certain charges only and is found guilty for the other sections so alleged In all these situations the case is said to be disposed of by the court. The nature of case disposal depends upon how and why the case was settled, the various distinctions are associated as follows - Contested- Judgement: This kind of disposition involves the completion of the trial that is evidence and arguments are provided by the parties and then the judge, in the end, delivers a judgment based on the merits of the case. Contested- Dismissed: Often it might happen that the allegations made or evidence submitted is not adequate and the matter is dismissed by the court. Contested- Compromise: The parties might make some kind of arrangement or compromise amongst each other leading to the settlement of dispute and disposal of the matter. Contested- otherwise: The disposition of the case takes place owing to certain technicalities or procedural discrepancies Such as Jurisdiction of the court or the inclusion of wrong parties, etc. Uncontested- Otherwise: As the name suggests there is no counterargument provided by the accused and the allegations are often accepted and the judge delivers the judgment accordingly. Dismissed: The court even before the start of the trial and going to the case is dismissed In many instances, the cases are dismissed even before hearing the plea or the start of the trial. It is disposing of the case by dismissal. Time limitation for disposal of cases: Unless a statutory limitation is mentioned in the legislature the court is not bound by any time limitation to dispose of the case however the court ensures that a quick and fast relief for heinous or serious offences. The government is also promoting fast-track courts and the use of alternative dispute resolution to reduce the burden on the Courts and for longer working hours for the court to dispose of as many cases as possible. However, owing to the huge pendency of cases in India the apex court observed in Hussain And Anr vs Union Of India (2017) 5 SCC 702 that the courts should seek for quick and speedy disposal of cases as it is a fundamental right under art 21 of the Constitution to receive quick relief from the judiciary and not wait for decades and years for justice. The right to a speedy trial was much before identified and recognized by the court enshrined under Article 21 giving the article a golden interpretation in Hussainara Khatoon v. State of Bihar (1980) 1 SCC 98. The court further self-imposed time limitation of 1 month for disposing of bail petition before high courts and for criminal appeals where the accused is in custody for more than 5 years the appeal should be disposed of as fast as possible.
The traditional procedure for disposal of a criminal case involves the following steps - A plaint is drafted with the alleged violation of IPC sections by the accused. Or the court takes cognizance of the case itself. The accused submits a written statement either accepting the allegations or refuting them. The court then forms the frames and sets dates for examination of witnesses, evidence, arguments. Once both sides have presented their set of arguments the trial is concluded. The judge then pronounces the verdict wherein the accused may be found guilty or not. This disposes of the Criminal case by the respective court, hearing the trial. Since the trial is at the core of criminal jurisprudence, it is not a Mandate for disposal of the case and with the overburdening of the Courts Sections such as plea bargaining are introduced to fasten the process for awarding justice. Disposal of the case without a trial When Criminal proceedings barred by limitation of time: If the accused raises the preliminary plea that the criminal proceedings against him are barred by the limitation of time as prescribed under the law then the proceedings must be stopped if the cognizance was taken after the lapse of the limitation period as contemplated under section 468 of Cr.P.C. Discharge of Accused: The magistrate on consideration of the charges and evidence can discharge the accused if the charges are groundless under Section 239 of the Criminal Procedure Code. The magistrate takes into consideration the police report under section 173 and examinations also giving the prosecution an opportunity to be heard the magistrate takes the decision to discharge the same. Autrefois acquit and autrefois convict: According to the fundamental rights of individuals, one can never be convicted for the same offence twice or be put on trial again for the same offence. And is provided under section 300 of Cr. P. C as well. Compounding of offences: Such offences can only be compounded with the prior permission of the court under section 320 of Cr.P.C. Power of court to stop proceedings in certain cases: Provided that it is a summon case which is instituted otherwise than upon complaint the judicial magistrate with approval of Chief Judicial Magistrate, may stop the proceedings without delivering a judgment at any stage under section 258 of Cr. P. C. Provided that evidence of principle witnesses are taken into consideration. Abatement of proceedings on the death of the accused: The death of the accused invalidates the whole rationale of trial and criminal jurisprudence for punishing the accused some with the death the proceedings are abated as it will not be fruitful. Plea bargaining: Under Section 265B Cr. P. C. then accused have a chance to plead guilty before the start of the trial and on verification by the court that it was made out of free consent of the accused may accept the same. This saves a lot of time for court and often a reduced sentence is given or the verdict is relaxed in favor of the accused but it may vary depending upon the facts and circumstances. Conditional pardon to an accomplice: The accused may be given a pardon in accordance with the provisions of Sections 306 and 307 for being compliance in the case. Section 306 of Cr. P. C deals with Tender of pardon to accomplice and Section 307 deals with power to direct tender of pardon. Absence or non-appearance of the complainant: In a warrant case which is instituted upon a complaint, if the complainant is absent and the offence is a non-cognizable offence it is at the discretion of the magistrate that may be discharged under section 249 Cr. P. C. Get in touch with the best criminal lawyer Withdrawal by the prosecution: The Public Prosecutor or Assistant Public Prosecutor with the consent of the Court withdraw either wholly or in respect of any one or more of the offences for which the accused is tried. provided the offences are covered under Section 321 of the code such as law relating to the executive power of unions, the misappropriation or destruction of any property belonging to the Central Government etc. Withdrawal by the complainant: In a trial of a summons case initiated on a private complaint, if before passing through judgment is satisfied that sufficient grounds exist for withdrawal of the complainant the magistrate may allow withdrawing the complaint under Sec.257 Cr.P.C. How to view whether the case is disposed of? Step 1: Visit the official website of the court such as www.districts.ecourts.gov.in Step 2: Once the website appears on the rightmost appears the ' services' option. Click the same. Step 3: On clicking services, a Dropdown list appears with options such as- Case number FIR Party name Advocate name Case code Act case type Step 4: Enter the case number or the case code so provided and the status can be viewed whether it is disposed off or is still pending in the court. The website also provides lists such as Disposal List of Judge-In-Charge (Civil Record Room)month 23rd January 2021. Part-I or Disposal List of Judge-In-Charge (Civil Record Room)month 3rd March 2020 etc, you can search the same in the search tab of the official website so mentioned before and can easily check whether the cases are disposed off by the relevant judge.
