Steps before a person is convicted in India 

Step 1: Filing of the First Information Report (FIR)

1. Reporting the Crime:

   • The murder is reported to the police by a witness, relative, or other person.
   • The police register a First Information Report (FIR) under Section 302 of the Indian Penal Code (IPC) (Murder).
   • The FIR includes details of the offense, time, place, and suspected individuals (if known).

2. Jurisdiction:

   • The FIR is lodged at the police station having jurisdiction over the area where the crime occurred. 

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Step 2: Investigation by Police

1. Crime Scene Examination:

   • Police secure and cordon off the crime scene.

2. Collection of Evidence:

   • Physical Evidence: Includes weapons, clothing, and objects found at the crime scene.
   • Forensic teams collect physical evidence such as weapons, bloodstains, fingerprints, footprints, or other incriminating items.
   • Witness Statements: Witnesses are questioned and their statements are recorded under Section 161 of the Criminal Procedure Code (CrPC).
   • Scientific Evidence:
     • DNA analysis, blood tests, or fingerprints are sent to forensic labs.
     • A medical examiner conducts an autopsy to determine the cause, time, and manner of death..Autopsy reports are obtained from medical examiners to confirm the cause and manner of death.

3. Arrest of the Suspect:

   • Based on preliminary evidence, the police may arrest a suspect under Section 41 of the CrPC.
   • If arrested, the accused must be presented before a magistrate within 24 hours under Section 167 of the CrPC.

4. Police Custody/Remand:

   • Police may request judicial custody or police custody of the accused for interrogation and further investigation.

5. Police Custody (PC) → Judicial Custody (JC)

   1. Police Custody (PC):

      • When an accused is arrested, they are first produced before a magistrate within 24 hours as required by Section 57 of the CrPC.
      • The police may request Police Custody for a maximum of 15 days (under Section 167(2) of the CrPC), if further investigation, interrogation, or evidence recovery is needed.
      • If the magistrate is satisfied with the reasons given by the police, they grant Police Custody for a specific period within the 15-day limit.

      • Transition to Judicial Custody:After the Police Custody period (maximum 15 days), the accused is either:

        • Released (if found innocent or investigation does not justify detention)
        • Sent to Judicial Custody if the investigation is ongoing or the trial is pending , but the police no longer need the accused's direct presence.The court believes there is enough reason to keep the accused detained (e.g., to prevent tampering with evidence or absconding).
        • In cases where police do not need to interrogate the accused (e.g., if the accused surrenders or confesses), the magistrate may directly send the accused to Judicial Custody without first granting Police Custody.

        • Key Differences

          Aspect	Judicial Custody (JC)	Police Custody (PC)
          Custody Authority	Magistrate or Court	Police
          Place of Detention	Jail - like a central or district prison	Police Station Lock-up
          Access to Accused	Police need court or magistrate's permission for interrogation	Police have direct access
          Purpose	Detention until bail or trial JC is used when the investigation is largely complete, and the police no longer require the accused for questioning.	Investigation, interrogation, evidence collection
          Maximum Duration	60-90 days (based on offense)	Maximum 15 days. Within these 15 days, the magistrate may decide to transfer the accused to Judicial Custody.
          Who Controls Detention?	Jail Authorities	Police Officers

6. Recording of Confession or Statements:

   • If the accused confesses, it is recorded before a magistrate under Section 164 of the CrPC.
   • A confession made to the police alone is not admissible in court.

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Step 3: Filing of the Charge Sheet

1. Completion of Investigation:

• After collecting sufficient evidence, the police prepare a Charge Sheet under Section 173 of the CrPC.

• The charge sheet includes:
  • Details of the crime.
  • Evidence and witness statements.
  • Charges framed under relevant IPC sections (e.g., Section 302 for murder).

1. Submission to Magistrate:

   • The charge sheet is submitted to the judicial magistrate for further legal proceedings.

2. Time Limit for Filing a Charge Sheet

   1. For Offenses Punishable with Death, Life Imprisonment, or Imprisonment of More than 10 Years:

      • The charge sheet must be filed within 90 days from the date of the arrest of the accused.

   2. For Offenses Punishable with Imprisonment of 10 Years or Less:

   • The charge sheet must be filed within 60 days from the date of the arrest of the accused.

   3. Consequences of Delay in Filing the Charge Sheet

      1. Default Bail:

         • If the police fail to file the charge sheet within the prescribed time limit (60 or 90 days), the accused becomes entitled to default bail under Section 167(2) of the CrPC, provided they apply for it.

      2. Extension of Time:

      • In exceptional circumstances, the police or investigating agency can request an extension of the time limit by seeking permission from the magistrate.
      • For cases involving UAPA (Unlawful Activities Prevention Act), the time limit can be extended up to 180 days, subject to judicial approval.

      3. Filing After Time Limit

         Even if the time limit expires, the police can still file the charge sheet. However:

         • The accused cannot remain in custody beyond the prescribed period, unless bail is denied for other reasons.
         • Filing the charge sheet late does not  nullify the case; it simply strengthens the defense's argument for speedy trial rights.

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Step 4: Pre-Trail : Framing of Charges

1. Cognizance by Magistrate:

   • The magistrate reviews the charge sheet and decides whether the case should proceed to trial.

2. Appearance of the Accused:

   • The accused appears before the magistrate/court.

3. Framing of Charges:

   • The court frames specific charges based on the evidence provided in the charge sheet (e.g., Section 302 IPC for murder).
   • The accused is formally informed of the charges.

4. Plea of the Accused:

   • The accused is asked to plead "guilty" or "not guilty." Most plead "not guilty," and the case proceeds to trial.

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Step 5: Trial Process

The trial is conducted according to the Code of Criminal Procedure (CrPC).

1. Prosecution Evidence:

   • The prosecution presents its case, supported by evidence and witness testimonies.
   • Witnesses are examined in court and cross-examined by the defense counsel.

2. Defense Evidence:

   • The defense presents its case and may also call witnesses or submit evidence to challenge the prosecution's claims.

3. Examination of the Accused:

   • Under Section 313 of the CrPC, the court examines the accused to explain any evidence against them.

4. Final Arguments:

   • Both sides present their closing arguments summarizing their positions.

5. Judgment:

   • The court evaluates the evidence and delivers its judgment:
     • If found not guilty, the accused is acquitted.
     • If found guilty, the accused is convicted.

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Step 6: Sentencing

1. Sentencing Hearing:

   • After conviction, the court conducts a separate hearing to determine the sentence.
   • Factors considered include:
     • Aggravating Circumstances: Premeditation, brutality, motive.
     • Mitigating Circumstances: Age, mental health, provocation.

2. Pronouncement of Sentence:

   • Common sentences for murder under Section 302 IPC:
     • Death Penalty: For the "rarest of rare" cases (as per guidelines in the Bachan Singh v. State of Punjab judgment).
     • Life Imprisonment: Imprisonment for life.
     • Fine: Sometimes imposed along with imprisonment.

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Step 7: Appeals Process

1. Right to Appeal:

   • The convict has the right to appeal the judgment in a higher court.

2. Hierarchy of Appeals:

   • Trial Court → High Court → Supreme Court:
     • An appeal against the trial court’s judgment is filed in the High Court.
     • The Supreme Court hears appeals against High Court judgments.

3. Death Sentence Confirmation:

   • If the trial court awards a death sentence, it must be confirmed by the High Court under Section 366 of the CrPC.

4. Special Leave Petition (SLP):

   • The convict can file an SLP in the Supreme Court for further review.

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Step 8: Mercy Petition

1. Presidential Mercy:

   • After all judicial remedies are exhausted, the convict can file a mercy petition with the President of India under Article 72 of the Constitution.
   • Governors can also be approached under Article 161 for mercy.

2. Review of Petition:

• The mercy petition is reviewed by the Ministry of Home Affairs and other legal advisors before reaching the President.

Please note : CrPC and IPC no longer exist. But the basic procedure for the above remains same.