Indictment

An indictment (/ɪnˈdaɪtmənt/ in-DYT-mənt) is a criminal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. An indictment (/ɪnˈdaɪtmənt/ in-DYT-mənt) is a criminal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. The criminal law in India is derived from the colonial-era British system, does not use a jury system and is codified in the Criminal Procedure Code (CrPC). Criminal offences are divided into two broad categories: cognisable offences and non-cognisable offences. The police are empowered to start investigating a cognisable offence. The complaint is considered merely an accusation. However, in both cognisable and non-cognisable offences, the trial starts only with the 'Framing of Charges' similar to the concept of indictment. The trial court does not proceed with the trial if the evidence is insufficient to make out a charge. In England and Wales (except in private prosecutions by individuals) an indictment is issued by the public prosecutor (in most cases this will be the Crown Prosecution Service) on behalf of the Crown, which is the nominal plaintiff in all public prosecutions under English law.This is why a public prosecution of a person whose surname is Smith would be referred to in writing as 'R v Smith' (or alternatively as 'Regina v Smith' or 'Rex v Smith' depending on the sex of the Sovereign, Regina and Rex being Latin for 'Queen' and 'King' and in either case may informally be pronounced as such) and when cited orally in court would be pronounced 'the Crown against Smith'. All proceedings on indictment must be brought before the Crown Court. By virtue of practice directions issued under section 75(1) of the Senior Courts Act 1981, an indictment must be tried by a High Court judge, a circuit judge or a recorder (which of these depends on the offence). As to the form of an indictment, see the Indictments Act 1915 and the Indictment Rules 1971 made thereunder. The Indictment Rules 1971 were revoked by the Criminal Procedure (Amendment) Rules 2007 (on the whole) incorporated into the Criminal Procedure Rules 2010. The form and content and the service of an indictment are governed by Rule 14 of the CPR 2012. Additional guidance is contained in the Consolidated Criminal Practice Direction Part IV.34.