LEGAL PROCEDURE TO DEAL WITH A LEGAL CASE
 

    Requirements for Free Legal Aid    Legal Procedure to Deal with Legal Cases
  Laws for Registration of FIR
 

• Registration of FIR immediately.
   

• Medical Examination of the victim within 24 hours of the incident and to get the Medico Legal Report (MLR).
   

• Medical Examination of the victim must be done in a government hospital and by the Medico Legal Officer.
   

• Accused will be arrested immediately by the police after the registration of FIR.
   

• Investigation of the incident by the investigation officer and submission of challan in court.
   

• During the investigation process the accused will be in police custody.
   

• Challan contains all the details of the investigation done by investigation officer along with the statements of the prosecution witnesses.
   

• Accused can move a bail petition at any time and if he is granted bail, an application for cancellation of bail can be moved by the complainant.
   

• If the accused is not arrested within 60 days of  registration of FIR he will be declared as Proclaimed Offender. 
   

• After submission of challan, by the police and if the accused is in the police custody  the following procedure will be adopted by the court:

 Ø The accused is brought before the court; a formal charge is framed relating to the offence  
     of which he is accused.

Ø  After framing of charge he is asked that whether he admits the  guilty of this offence with
    which he is charged.

Ø  If the accused admits that he committed the offence his admission will be recorded and he
    will be convicted on his confession and confined to the jail.

Ø  If the accused doesn’t plead guilty a trial will be started.

Ø  The court will record the statement of the complainant and take all such evidence as may
     be produced in support of the prosecution.

Ø Court can also examine the accused by putting questions after the prosecution evidence.

Ø Then the court will hear the accused and also take all such evidence as he produces in his
   defense.

Ø The court on the application of complainant, if it thinks fit and proper can issue summons to
   any witness directing him to attend or to produce any document relevant to the incident.

Ø Witnesses will be cross examined by the prosecution and defense lawyers on their
   statements.

Ø After recording the evidence of both sides, the court calls upon the counsels to sum up the
   case.

Ø If the court finds the accused guilty of the offence it will pass an order of conviction
   according to law and if it does not find the accused guilty it will pass an order of acquittal.

Ø If the accused is acquitted by the court under section  249-A Cr.P.C  at any stage of trial    
   the Provincial Government may direct the public prosecutor to present an  appeal to the High
   Court against the acquittal order passed  by any court other than the High Court under    
   section 417 Cr.P.C

Ø If the summons has been issued on the complainant to appear on a fixed date or any day to
   which the hearing is adjourned and if the complainant doesn’t appear, the court will acquit  
   the accused. It is not applicable where the offence is cognizable or non- compoundable.

Ø Victim will appear before the court at two stages, first to give his statement and then for  
   cross examination by the defense lawyer. 

Ø In case of any false or frivolous information given by the complainant intentionally court can
   take action against him under section 182 P.P.C.

Ø Time required by the court to decide CSA case can take up to one or more years depending
   upon the load of the work of that court.

"Injustice anywhere is a threat to Justice everywhere"

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