KAMAL MOHAN GUPTA CRIMINAL PLEADINGS & DRAFTING

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Meaning of Criminal Pleadings

• Pleadings are formal written statements submitted by parties in a criminal case, such as the prosecution or the defense.
• These pleadings form the foundation of a case by providing necessary facts and allegations that help courts adjudicate justice.
• In criminal law, pleadings include complaints, FIRs, charge sheets, bail applications, etc.

Objectives of Criminal Pleadings:

• To bring facts before the court in a clear and concise manner.
• To inform the accused of the specific charges they must answer.
• To help the court frame appropriate issues and proceed with the trial.
• To ensure a fair trial and protection of legal rights.

Meaning of Criminal Drafting

• Drafting in criminal law refers to the skillful preparation of legal documents, petitions, and pleadings that are filed in court.
• A well-drafted document ensures clarity, removes ambiguity, and follows the legal requirements of form and content.

Importance of Criminal Drafting:

• It enables lawyers to present their client’s case effectively.
• Proper drafting prevents procedural defects that may lead to dismissal of cases.
• Drafting ensures compliance with the Criminal Procedure Code (CrPC), Indian Penal Code (IPC), and other relevant statutes.

Types of Criminal Pleadings & Drafts

1. FIR (First Information Report)

• A written document prepared by the police when they receive information about the commission of a cognizable offense.
• Drafting of FIR includes clear facts, date, time, place of offense, and identification of accused (if known).

2. Complaint

• A written allegation made to a Magistrate to initiate criminal proceedings against an accused.
• Drafted under Section 200 of CrPC when the police do not register an FIR or when direct complaints are required.

3. Charge Sheet

• A final report submitted by police after investigation, detailing the charges against the accused.
• Drafted under Section 173 of CrPC.

4. Bail Applications

• Regular Bail (Section 437, 439 CrPC)
• Anticipatory Bail (Section 438 CrPC)
• Contains the grounds for bail, legal arguments, and undertakings by the accused.

5. Application for Quashing FIR/Charge Sheet

• Filed under Section 482 of CrPC to the High Court to quash an FIR or criminal proceedings.

6. Revision Petition

• Filed to a higher court to revise the decision of a lower court under Sections 397-401 of CrPC.

7. Appeal

• Filed to contest a conviction or sentence passed by a trial court in a higher appellate court.

8. Writ Petitions in Criminal Matters

• Habeas Corpus (illegal detention)
• Mandamus (command to perform duty)
• Drafted under Articles 32 and 226 of the Constitution.

Essentials of Good Criminal Drafting

1. Clarity – Simple, clear, and direct language.
2. Precision – No unnecessary details or repetitions.
3. Logical Structure – Introduction, main body, conclusion, prayer.
4. Legal Language – Use correct legal terminology.
5. Relevancy – Include only relevant facts.
6. Compliance – Follow legal procedures and prescribed formats.

General Format of a Criminal Petition/Application

1. Title of the Court
2. Cause Title (Petitioner/Complainant vs. Respondent/Accused)
3. Introduction of Parties
4. Facts of the Case
5. Grounds for Relief
6. Prayer/Relief Sought
7. Verification/Affidavit
8. Signature of the Petitioner/Advocate

Important Sections Related to Criminal Drafting