Overview Of The Judicial Process In American Judicial System

According to our Constitution of 1978, the judiciary entails a Supreme Court, a Court of Appeal, a High Court, and a magistrate's. According to section 10 of Code of Criminal Procedure Act, Offences under Penal Code, in cases of criminal law, the magistrate's courts and the High Court are the only courts with primary jurisdiction, and their respective domains are exhaustive in the Code of Criminal Procedure.

Appeals from these courts of the first instance can be made to the Court of Appeal and, under specific circumstances, to the Supreme Court, which exercises final appellate jurisdiction. In all cases, the accused has the right to representation through an attorney, and all trials need to be public unless the magistrate limits, for causes of family privacy, national security, or public safety, that a closed hearing is more suitable.

The enormous majority of the nation's criminal cases are tried at the lowest level of the judicial system, the magistrate's courts. Cases here might be opened through any police officer or public servant, or by any oral or written complaint to the magistrate. The magistrate is vested to make an initial investigation of the complaint and to conclude whether his court has correct jurisdiction over the case, whether it must be tried by the High Court, or whether it must be discharged. Magistrates' courts have exclusive original jurisdiction over complete criminal cases involving fines of up to one thousand five hundred rupees, or prison sentences of up to two years.

If the magistrate's court is determined to have the necessary jurisdiction, the prosecution may be conducted by the complainant (plaintiff) or by a government officer, comprising the attorney general, the solicitor general, a state counsel, a pleader approved by the attorney general, or any officer of any national or local government office. During the trial, the suspect party has the full power to call and cross-examine witnesses. Trials proceed without a jury, and the verdict and sentence are given through the magistrate. Any person unfulfilled with the decision has the full power to appeal to the Court of Appeal on any point of law or fact.

In the criminal cases including penalties over a thousand five hundred rupees, or two years imprisonment, original jurisdiction resides with the High Court. The High Court is the chief court of the first instance in criminal law and exercises national jurisdiction. The prosecution needs to be directed through the attorney general, the solicitor general, a state counsel, or any pleader ratified by the attorney general. At the trial, the accused party or his or her attorneys are permitted to present a defense and call and cross-examine witnesses. Any offenses, including crimes in contradiction of the state, murder, culpable homicide, attempted murder, and rape, the law delivers for trial through the jury. In such cases, a jury of 7 members is chosen by many from a panel elected by the suspect party unless the court directs otherwise.

In cooperation the prosecution and the defense have the chance to eradicate proposed members of the jury. The jury is needed to reach a verdict by a majority of no less than five to two. Under the Prevention of Terrorism Act of 1979, the power to a jury was adjourned for a wide diversity of offenses comprising violations of communal harmony explained as incitement of one ethnic group against one another. In cases where the law never prescribes trial by jury, the judge gives the verdict and passes the sentence at the end of the hearings. As in the magistrate's courts, the accused has the power of appeal to the Court of Appeal on any matter of law or fact.

The cases before the court are performed without a jury. High Court appeals that need to be heard by a bench of at least 3 judges, whereas appeals from a magistrate's court need at least 2 judges. Verdicts are reached through majority judgment, and so a supplemental judge is added in cases of a split vote. As in other courts, appellants are enabled to representation via an attorney, but if they never afford lawful counsel, the Court of Appeal could, at the discretion of the juries, assign an attorney at the court's expense. After the court has handed down its judgment, further appeal to the Supreme Court might be made on any matter including a substantial interrogation of law, but an appeal needs the approval of either the Court of Appeal or the Supreme Court alone.