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Unit 2: Preparing the Criminal Case (The FIR, the Charge-Sheet and the Defence)
2.1 The Criminal File Begins with Information
Criminal proceedings start with information about an offence. Two documents carry that information.
- The First Information Report (FIR) — the earliest report of a cognizable offence to the police or the District Court. Anyone with knowledge can lodge it.
- The complaint — a formal accusation to the court where the case is non-cognizable or where the law requires a victim’s complaint.
The student’s first drafting exercise is a clean FIR: the informant’s details, the offence’s facts in time order, the place, the witnesses, and the request for investigation.
2.2 The Investigation and Its Papers
The police investigate under the Muluki Criminal Procedure Code, 2074. The investigation file contains the FIR, the arrest memo, the statements of witnesses, the seizure list, the medical or forensic report where relevant, and the accused’s statement. Arrested persons have constitutional shields: grounds of arrest must be told (Article 20(1)); counsel of choice from the moment of arrest (Article 20(2)); production before the judicial authority within 24 hours excluding journey time (Article 20(3)); presumption of innocence (Article 20(5)); protection against self-incrimination (Article 20(7)); no torture in detention (Article 22).
2.3 The Charge-Sheet (Abhiyogpatra)
If the investigation supports a case, the government attorney files the charge-sheet in the District Court. Its parts are fixed by practice:
- Cause title — the State (through the office concerned) versus the accused.
- The accused’s identification.
- The offence charged, with the statutory provision’s name and year.
- The facts constituting the offence, in chronological order.
- The list of witnesses and exhibits.
- The prayer — conviction and lawful sentence.
A weak charge-sheet pleads conclusions. A strong one pleads facts that map onto each element of the offence.
2.4 The Defence’s Reply
The defence answers in writing. The reply admits what is true, denies what is false, and raises the defences available: mistaken identity, alibi, absence of mens rea, procedural illegality, or a compoundable settlement where the law allows. The defence also tests the charge’s elements one by one. One good element-attack is worth ten emotional denials.
This is a preview. The complete Moot Court-II (Criminal) notes — full unit, Exam Focus box and model questions — are in the PDF / full version. Get the complete notes →