15 April 2015

Pre- Trial- India and China

Authored by Rydhum Raparia

Pre-Trial? I wonder how many people are aware of this term? So just to enhance your knowledge on this topic, here is an article that will contrast the Pre Trial process that takes place in India and China. When a person faces a case in a court of law, the word that comes across is how the Trial is initiated and many people are not aware of the procedure or process of initiating the trial. 

Pre Trials are important for the defense council to take proceedings prior to being a jury that helps them suppress evidence and also dismiss the charges. It also helps them to discover witness testimony. Motion hearings are also important for whether or not they should risk going to a jury.

The procedure of Criminal trial in India is governed by The Code of Criminal Procedure, Indian Penal Code (which is applicable to all offences) and Indian Evidence Act, which is a manner of production of the evidence in a trial whereas in China the Criminal Procedure Law of the People’s Republic of china governs criminal trials.


1.      Registration of FIR
First Information Report is the first step, which gives birth to the Criminal case. An FIR is lodged under Section 154 of the Criminal procedure code. FIR provides the general information to the police whenever there is a cognizable offence. FIR can be recorded in writing or verbally with a police officer. When submitting a written FIR, it must be signed by the person who is filing it. One who files an FIR has a right to receive a copy of the FIR. Under section 156(3) where an aggrieved person may file a petition before the magistrate asking for a direction to the police to lodge a FIR if police refuse to file an FIR.

2. Investigation
It leads an investigation officer to conclude whether a charge sheet has to be filed and if during his investigation he discovers the offence, a charge sheet is filed otherwise closure report will be filed before the concerned court. If from the information received the officer in charge of the police station has reason to suspect the commission of an offence, he shall send a report of the same to a magistrate and power to take cognizance of such offence.

Part 2 chapter 1 of Criminal Procedure Law of the People’s Republic of china deals with Filing a case, investigation and Initiation of Public Prosecution. Article 83 mentions that once public security organ discovers the facts of crimes or criminal suspects should file the cases for investigation within the scope of jurisdiction. Article 84 says that an individual after discovering the facts has right and duty to report the case or provide information to a public security organ, a People’s Court. The victim shall have the right to report to a public security organ, a people’s court about the facts of the crime or bring a complaint to it against the criminal suspect. The people’s court has to accept all reports, complaints and information and if it falls out of its jurisdiction, it shall refer the case to the competent organ. Article 85 says that the complaint may be filed in writing or orally. The oral report should be written by the officer. It should then be read to the reporter and all errors should be corrected. It may then be signed and sealed. The public security organ shall ensure the safety of reporters and their near relatives. Their names shall be kept confidential if they wish to not disclose the same to the public. Thereon, Article 86 within the scope of its jurisdiction; promptly examine the materials provided by a reporter, complainant or informant. If they feel that the matter should be investigated into it should file a case. If it believes that there are no facts of a crime it shall not file a case and shall notify the complainant of the reason behind it. If the complainant does not agree with the decision, he may ask for reconsideration
Hope this article provides you plenty of information. So, watch your steps whenever you come across some offence in China or in India.


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