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4). A record made in a police station of the charges against a person.
5) The constitution and criminal laws of India give certain rights to an arrested person.
such as follows:
➊. the right to be informed of the reason for arrest.
➋. the right to consult and be defended by a lawyer of his or her choice.
3) Supreme Court has given Directions to be followed in regards to Registration of an FIR, these directions are discussed below: Registration of FIR is mandatory under section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation
6) Accused
A term used in the County and Supreme Courts when referring to the person accused of the crime.
Bail
An agreement by a person charged with a criminal offence to appear at court when required and to abide by any special conditions on what they can or cannot do whilst on bail. This can include a condition that they not approach or contact the victim.
Burden of proof
The job of the prosecutor is to try to prove to the jury or magistrate that the defendant did commit the crime they have been charged with. This is called the 'burden of proof'. (See also Guilty or Not Guilty)
Clerk in Magistrates Court
This person helps the magistrate in the Magistrate's and Children's Courts. They will sit in the courtroom, nearby the judge. They wear plain clothes. An officer of the Court will read aloud the oath for the witness to repeat.
Civil court
A court hearing non-criminal cases. A civil action is brought by one person against another person where it is alleged that one person has infringed the other's legal rights.
Caution
The police may issue an offender with an official caution if they are under 18 years old. This is usually used for a first offence and must be appropriate in the circumstances.
Committal Hearing
A court hearing in the Magistrates' Court where a magistrate decides if there is enough evidence for the case to go to trial.
Committal Mention
A court hearing in the Magistrates' Court where a magistrate decides if it is appropriate for the case to be finalised in that court or if it should go to trial in a higher court. If a magistrate decides it is appropriate for the case to go to trial, a Committal Hearing takes place where a magistrate decides if there is enough evidence for a trial to go ahead.
Compensation
An amount of money given to a victim of crime to pay for loss, damage or to make amends.
Complainant
A victim of the crime. Someone who has witnessed or heard something is referred to as the non-complainant witness.
Conviction
A person is convicted when they are found guilty by a jury or plead guilty before a judge or magistrate.
Contested hearing
A contested hearing takes place if the accused/defendant pleads 'not guilty' to the charges. The Magistrate decides if there is enough evidence to find the person guilty.
Court
The room where court hearings are held.
Crime
An action by a person that is against the law.
County Court
A judge presides over this court. It hears serious (indictable) cases and a jury decides the case.
Court Networker
A volunteer who helps people who go to the court. Court networkers help witnesses, victims of crime and their families or friends.
Criminal offence
For the purpose of the Victims' Charter Act 2006, a criminal offence is an offence, or a series of offences committed by a person who may or may not have been accused or convicted of the offence.
Cross examination
When you first give your evidence to the court, you will answer questions asked by the prosecutor, this is called 'evidence in chief'. This is followed by cross examination, where the defence lawyer will ask you questions about what you said in your statement, and what you have already told the court. The defense lawyer's job is to test your evidence in cross examination, to make sure that what you are saying is truthful and accurate.
Diversion
Police serve diversion notices for minor crimes.
The offender may be given community service or other 'service' such as writing an apology to the victim or cleaning up graffiti.
Defendant
A term sometimes used in the Magistrates' Court when referring to the person accused of the crime.
Cross-examination
Asking a witness questions about evidence he or she has given during the examination-in-chief. The defence barrister cross-examines prosecution witnesses and the prosecutor cross-examines defence witnesses.
Evidence
Evidence is what a witness tells the court. Your evidence might be to tell the people in the court what happened to you, or it may be what you saw or heard.
7) A Public Prosecutor is an officer of the court helping in the administration of justice. It is clear from the fact that the main duty of the Public Prosecutor is to help the court in finding the facts of the case. The Public Prosecutor must be impartial, fair and honest. He must act on the directions of the judge.
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