Where does it say innocent until proven guilty in the Constitution?
Where does it say innocent until proven guilty in the Constitution?
There is a connection between the Eighth Amendment of the Constitution and the presumption of innocence. In a basic sense, when a person is presumed innocent of a crime until proven guilty, he or she should be afforded the opportunity to post bail, except in certain cases.
Who decides whether the accused person is guilty or not?
judge
Who files an FIR?
Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer who comes to know about a cognizable offence can file an FIR himself/herself.
Who files the charge sheet?
On the basis of the investigation, the police are required to form an opinion. If the police think that the evidence points to the guilty of the accused person, then they file a chargesheet in the court. It is not the job of a police to decide whether a person is guilty or innocent, that is for the judge to decide.
What happens if charge sheet is filed?
The purpose of a charge-sheet is to notify a person of criminal charges being issued against them. After the charge-sheet is filed, the person against whom the charge-sheet has been filed comes to be known as an accused. The filing of charge-sheet with the magistrate indicates commencement of criminal proceedings.
Can charge sheet be challenged?
Yes. A charge sheet can be quashed by the High Court as per section 483 of the Code of Criminal Proceedings, 1973, under this section the court has an inherent power to make any court that may be necessary to prevent the abuse of the power and to secure the ends of the justice[iv].
Can charge sheet be Cancelled?
The Supreme Court held that the filing of a charge sheet by itself cannot be a ground for cancellation of bail.
Can FIR be withdrawn before chargesheet?
Anytime before charge sheet is filed he can withdraw complaint by writing a letter to the Station head of the police station where FIR is lodged. If the police refuse to withdraw complaint, you can ask accused to move to get complaint quashed and give evidence to judge and they will withdraw your complaint.
How do I know if my chargesheet is filed?
When the chargesheet is filed in the court the police will intimate you regarding the same. If they do not you can ask the concerned IO whether he has filed the chargesheet in the concerned matter or not. The mandatory period for filling a chargesheet is 60-90 days but can be extended.
Can I get charge sheet online?
Charge sheet cannot downloaded as the same is not available online.
At what stage FIR can be quashed?
Quashing of FIR on the basis of Compromise The FIR an be quashed on the basis of compromise at any stage by the High Court. The complainant and accused can enter into a compromise. Both the parties can file a joint petition under Section 482 CrPC for FIR quashing.
Can a complainant withdraw a case?
complainant at any time before a final order is passed satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, then the magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.
What happens when a case is withdrawn?
If case was withdrawn, then it means you have no criminal record. You should consequently get a clean police clearance certificate. Being charged for any offense does not count against you until you are actually convicted. You are presumed innocent until found guilty.
What does it mean when your case is withdrawn?
No charges filed/Charges dropped: means the prosecutor has declined to pursue the case. Vacated: means the court has withdrawn the guilty plea or set aside the guilty verdict, and for all purposes you may state you have never been convicted of that crime.
