DISCRETION WITH REGARD TO DIFFERENT AGENCY AT PRE-TRIAL STAGE
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Abstract
A criminal trial is governed by the procedure laid down by the Code of Criminal Procedure, 1973. There are three basic stages of trial which are, Investigation (where evidence are to be collected), Inquiry (a judicial proceeding where the judge ensures for himself before going on trial, that there are reasonable grounds to believe the person to be guilty) and Trial. Here, investigation and inquiry fall under the pre-trial stages of a criminal proceeding. The principal object of criminal law is to protect the society by punishing the offenders. However, justice and fair play require that no one should be punished without a fair trial. A person might be under suspicion of guilt, might have been caught red handed, and yet he's not to be punished unless and until he is tried and adjudged to be guilty by a competent court.
In the administration of justice, it is of prime importance that justice should not only be done but should seem to be done. Further, it is one of the cardinal principles of criminal law that everyone is presumed to be innocent unless his guilt is proved beyond reasonable doubt in a trial before an impartial and competent court. Therefore, it becomes absolutely necessary that every person accused of crime is brought before the court for trial and that all the evidence appearing against him is made available to the court for deciding as to his guilt or innocence.
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