FLOW Flashcards

1
Q

WHOLE + INTERLOCUTORY
OFFENCE COMMITTED – (I)(II)(III) – PRE-COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL
(I) FIR –

(II) COMPLAINT PROCEEDINGS – PRE -COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL

(III) PERSONAL INFORMATION – PRE -COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -

INTERLOCUTORY PROCEEDINGS
WHOLE PROCEEDINGS

A

OFFENCE COMMITTED – (I)(II)(III) – PRE-COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL

INTERLOCUTORY PROCEEDINGS (Between Framing of charge – Judgment and sentence)
Reference
Revision 
Confirmation of Sentence
Jurisdiction + transfer of cases
Plea bargaining 
Evidence in Trial 
Trial of Unsound persons

WHOLE PROCEEDINGS
Bail
Arrest

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2
Q
OFFENCE COMMITTED – (I)(II)(III) – PRE-COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL
(I) FIR – 
-> PRE-COGNIZANCE 
-> COGNIZANCE 
-> POST-COGNIZANCE/ PRE-TRIAL
-> TRIAL 
-> POST TRIAL
A

OFFENCE COMMITTED – (I)(II)(III) – PRE-COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL
(I) FIR –
-> PRE-COGNIZANCE -> (Investigation Proceedings) Non-cognizable(NCR -> Permission of Area Magistrate -> Granted -> Investigation Starts) / Cognizable (FIR -> Investigation starts) -> Collection of Evidence (Whether prima facie offence committed?) (Statements to Police officers) + (Statements to Judicial Magistrate) -> Non-completion of Investigation (167) -> Completion of Investigation (169/170 + 172 + 173) -> Closure Report (Offence not committed) / Chargesheet (Offence committed)
-> COGNIZANCE (taking judicial notice +intention to take further proceedings- S. 190(1)(b)) – Discretion of Magistrate – Irrespective of conclusion reached by Police, whether prima facie offence made out from the facts of the case(report) for taking cognizance ? -> none (Protest Petition) / Cognizance taken
-> POST-COGNIZANCE/ PRE-TRIAL (Issue of process {Appearance + supply of Documents})/ (Committal) -> Framing of charge(hearing- whether trial should be conducted or not?)(Discharge) + Plea of Guilt (Whether defense would be contested?) (Plea taken) (Plea not taken) -> Contested
-> TRIAL (Charge framed- Indian Evidence Act activated) (Prosecution evidence {Chief-cross-re}) ->Closed (Re-open S. 311) -> Examination u/ S. 313 (1)(b) –> (Insufficient evidence - Acquittal)/ (Defense Evidence {Chief-cross-re}) ->Closed (Re-open S. 311) -> Arguments -> Judgment (Acquittal/Conviction) (End of trial)–> hearing on Sentence / Probation
-> POST TRIAL (Judgment) (Sentence)/(Confirmation of Sentence) (Execution of Sentence) (Appeal/ Revision)

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3
Q

OFFENCE COMMITTED – (I)(II)(III) – PRE-COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL
(II) COMPLAINT PROCEEDINGS – PRE -COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL
(III) PERSONAL INFORMATION – PRE -COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL
-> PRE-COGNIZANCE
-> COGNIZANCE
-> POST-COGNIZANCE/ PRE-TRIAL
-> TRIAL
-> POST TRIAL

A

(II) COMPLAINT PROCEEDINGS – PRE -COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL

  • > PRE-COGNIZANCE (Nil)
  • > COGNIZANCE (taking judicial notice +intention to take further proceedings-S. 190(1)(a) + S. 2(d))
  • > POST-COGNIZANCE/ PRE-TRIAL (Complaint proceedings – Examination of complainant and his witnesses + Recording / Inquiry by Court/ Order of investigation – whether Prima Facie case made out? ) -> (Dismissal of complaint -> Revision {397}) / (Issue of process {Appearance + supply of Documents})/ (Committal) -> Framing of charge (hearing- whether trial should be conducted or not?)(Discharge) + Plea of Guilt (Whether defense would be contested?) (Plea taken) (Plea not taken) -> Contested
  • > TRIAL (Charge framed- Indian Evidence Act activated) (Remaining Complainant /Prosecution evidence {Chief-cross-re}) ->Closed (Re-open S. 311) -> Examination u/ S. 313 (1)(b) –> (Insufficient evidence - Acquittal)/ (Defense Evidence {Chief-cross-re}) ->Closed (Re-open S. 311) -> Arguments -> Judgment (Acquittal/Conviction) (End of trial)–> hearing on Sentence / Probation
  • > POST TRIAL (Judgment) (Sentence) /(Confirmation of Sentence) (Execution of Sentence) (Appeal/ Revision)

(III) PERSONAL INFORMATION – PRE -COGNIZANCE -> COGNIZANCE -> POST-COGNIZANCE/ PRE-TRIAL -> TRIAL -> POST TRIAL

  • > PRE-COGNIZANCE (Nil)
  • > COGNIZANCE (taking judicial notice +intention to take further proceedings-S. 190(1)(c))
  • > POST-COGNIZANCE/ PRE-TRIAL (Complaint proceedings {cognizance – framing of charge}– Examination of complainant and his witnesses + Recording / Inquiry by Court/ Order of investigation – whether Prima Facie case made out? ) -> (Dismissal of complaint -> Revision {397}) / (Issue of process {Appearance + supply of Documents})/ (Committal) -> Framing of charge (hearing- whether trial should be conducted or not?)(Discharge) + Plea of Guilt (Whether defense would be contested?) (Plea taken) (Plea not taken) -> Contested
  • > TRIAL (Charge framed- Indian Evidence Act activated) (Prosecution evidence {Chief-cross-re}) ->Closed (Re-open S. 311) -> Examination u/ S. 313 (1)(b) –> (Insufficient evidence - Acquittal)/ (Defense Evidence {Chief-cross-re}) ->Closed (Re-open S. 311) -> Arguments -> Judgment (Acquittal/Conviction) (End of trial)–> hearing on Sentence / Probation
  • > POST TRIAL (Judgment) (Sentence) /(Confirmation of Sentence) (Execution of Sentence) (Appeal/ Revision)
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