Scribd
Upload
49 views2 pages

Pre-Trial Concepts Civil Criminal

The document outlines pre-trial concepts in civil and criminal procedures in India, governed by the Civil Procedure Code (CPC) of 1908 and the Criminal Procedure Code (CrPC) of 1973, respectively. It details the stages of civil suits, including filing, pleadings, and judgment, as well as the initiation and investigation processes in criminal cases, including FIRs and charge sheets. Key distinctions between bailable and non-bailable offenses, as well as cognizable and non-cognizable crimes, are also highlighted.

Uploaded by

mansihirodkar79
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
49 views2 pages

Pre-Trial Concepts Civil Criminal

The document outlines pre-trial concepts in civil and criminal procedures in India, governed by the Civil Procedure Code (CPC) of 1908 and the Criminal Procedure Code (CrPC) of 1973, respectively. It details the stages of civil suits, including filing, pleadings, and judgment, as well as the initiation and investigation processes in criminal cases, including FIRs and charge sheets. Key distinctions between bailable and non-bailable offenses, as well as cognizable and non-cognizable crimes, are also highlighted.

Uploaded by

mansihirodkar79
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Pre-Trial Concepts in Civil and Criminal

Trials
I. Civil Procedure - Pre-Trial Concepts
1. Introduction: Civil Procedure Code (CPC), 1908, governs civil litigation in India. It
ensures fair, efficient, and timely resolution of non-criminal disputes.

2. Affidavit: A sworn statement made voluntarily under oath, used as evidence to


support applications or pleadings.

3. Essentials of a Suit: Plaintiff, Defendant, Cause of Action, Jurisdiction, Relief


Claimed.

4. Stages of a Civil Suit: Filing of plaint, Service of summons, Written statement,


Framing of issues, Evidence, Arguments, Judgment & Decree.

5. Place of Suing: Based on residence, location of property, or cause of action.

6. Parties to the Suit: Proper joinder of parties is crucial for the suit’s validity.

7. Pleadings: Written statements that state material facts (not evidence).

8. Summons: Legal notice issued to inform the defendant of the case.

9. Procedure During Hearings: Includes examination and cross-examination of


witnesses.

10. Issues and Facts in Issue: Legal disputes framed by the court.

11. Judgment and Decree: Judgment provides reasoning; Decree provides the
decision.

12. Appeals, Review, Revision: Ways to challenge or revisit a decision.

13. Reference, Jurisdiction: Reference by lower courts to High Court; jurisdiction


determines where a suit can be filed.

14. Hierarchy of Courts: Junior Division → Senior Division → District Court → High
Court → Supreme Court.

15. Evaluation of Evidence: Based on witnesses, documents, and other proofs.


16. Preponderance of Probabilities: Civil cases are decided based on likelihood, not
certainty.

II. Criminal Procedure - Pre-Trial Concepts


1. Introduction: Criminal Procedure Code (CrPC), 1973, governs investigation and
trial of criminal offenses.

2. FIR: First step in initiating criminal proceedings for cognizable offenses.

3. Complaint: Filed before a Magistrate, can lead to inquiry or investigation.

4. Inquiry & Investigation: Inquiry is judicial; Investigation is police-based fact-


finding.

5. Arrest & Warrant: Arrest may be with or without warrant depending on the
nature of the crime.

6. Charge Sheet: Filed under Section 173 CrPC after investigation is completed.

7. Jurisdiction of Criminal Courts: Includes Magistrate, Sessions, High Court, and


Supreme Court.

8. Conditions for Initiating Proceedings: May require sanction or prima facie


evidence.

9. Commencement Before Magistrate: Includes recording of statements and taking


cognizance.

10. Types of Criminal Trials: Sessions Trial, Warrant Trial, and Summary Trial.

11. Trial Procedure: FIR → Investigation → Arrest → Charge sheet → Trial →


Judgment → Appeal.

12. Appeal in Acquittal & Conviction: Both parties may challenge the judgment.

13. Bailable vs. Non-Bailable: Bailable allows bail as a right; Non-bailable is


discretionary.

14. Cognizable vs. Non-Cognizable: Cognizable allows arrest without warrant; Non-
cognizable does not.

You might also like