The Common Law in India - College of Social Sciences and ...

Criminal Law 165of certain offences. 3 " In respect of these offences,particularly in the case of those which can be compoundedwithout permission, the criminal proceedingsmay be regarded as being in the nature of personalactions, the complainant being competent to put anend to them. This would seem to be different inEngland where a prosecution settled and abandonedby the original prosecutor may be taken up by theAttorney-General or even by a private person. 31The manner of trial of offences varies, broadlyspeaking, according to the seriousness of the offence.The more serious the offence the greater the elaboratenessof the procedure. No sentence of imprisonmentexceeding three months can be passed in cases triedin a summary manner. Offences which merit aseverer punishment are tried as warrant cases witha more detailed procedure. Offences of a still gravernature can only be tried by a court of session or aHigh Court and a special procedure is provided. 32There is also a hierarchy of courts for dealing withcriminal offences. Describing the English system ofcriminal courts the Law Commission of India in arecent report observed: " The above description showsthat our system of criminal courts is substantiallysimilar to the English system." 33The Trial: The fundamental principles which governthe trial of a person accused of crime under theBritish system of jurisprudence also obtain in India.3» Ibid., B. 345.« R. v. Wood (1831) 3B.A Ad. 57; Kenny, op. cit., p. 539.32 Criminal Procedure Code, 1898, chaps. 22, 23.33 Eeport of the Law Commission, Vol. n, p. 719.