The golden rule in the criminal procedure is that any person can set the criminal law into motion. When any offence is committed, either the victim, a relative or any other person having the knowledge about the offence must inform about the same to the nearest police station. Thus, providing the police officer the first information about the offence is the first stage in the criminal procedure.
I. First Information Report (FIR)
In cases of cognizable offences i.e., where the police can arrest without a warrant from the Magistrate, the FIR is registered under section 154 of the Code of Criminal Procedure.
In cases of non-cognizable offences i.e., where the warrant is required from the Magistrate, the FIR is registered under section 155 of the Code of Criminal Procedure.
In cases where the police officer refuses to register an FIR the informant can has three options:
- File a private complaint under section 191 (1) CrPC to the Magistrate.
- Approach the Superintendent of Police and ask him to direct the police officer to register an FIR.
- File a writ before the high court praying for directions to police officers to register the FIR.
II. Inquiry/ Investigation
After the registration of FIR, the police makes a preliminary investigation in order to ascertain whether the content of the FIR makes out any offence as alleged against the accused.
After FIR u/s 154 CrPC all the elements of investigation will proceed:
- Recording Statement of Witness u/s 161 CrPC
- Collecting of all types of evidence.
- Recording Confession/ Statement u/s 164 CrPC before the Magistrate
In case of the FIR registered under section 155 for non-cognizable offences, police has to take the permission of the Magistrate to investigate the matter. After the permission has been obtained, the police can investigate the matter in same manner as cognizable offences.
And where there are two offences, where one is a cognizable offence and the other is a non-cognizable offence, they would be treated and investigated into in a manner as if both are cognizable offences.
Magistrate who is empowered to take cognizance of the offence under section 190 CrPC may also order for investigation under section 156 (3) CrPC.
Procedure for Investigation
If the police officer has the reason to believe as to the commission of the offence, he would investigate the same and proceed to take such measures necessary for discovery and arrest.
If the police officer has the reason to believe that there is no offence made out, he would not investigate the same but he has to inform the same to the informant.
Based on the investigation, a report is prepared by the police officer. It is either a Police Report/ Chargesheet or a Closure Report. Where police report mentions about the offences so committed by the accused, the Closure Report is prepared when after investigation the police officer is satisfied that there is no offence made out against the accused.
The report i.e., Police Report or Closure Report, is then forwarded to the Magistrate under section 173 of the Code of Criminal Procedure. In case where the Investigating Officer submits a closure report, the Magistrate has three options:
- He can accept the report.
- He can ask for further investigation.
- He can summon the accused irrespective of the findings in the report.
The police officer can seek the police custody of the person as well from the Magistrate. If the Magistrate grants the custody, he has to record the reasons for doing so in writing. In case the investigation is not completed within 90 days in cases of offences punishable with death, life imprisonment or imprisonment for a term of not less than 10 years and 60 days in cases of any other offences, the accused is entitled to a default statutory bail under section 167 (2) of the Code of Criminal Procedure.
III. Cognizance
The Magistrate under section 190 CrPC can take cognizance under three circumstances:
- Upon a private complaint.
- Upon a police report u/s 173.
- Upon information so received from any person.
Before the Magistrate takes any cognizance, if he thinks that he is not empowered to take take cognizance of the offence, he would transfer the same to another Magistrate along with the application of the accused.
Sessions court may take cognizance of the offence when the same has been committed to it by the Magistrate. And the Assistant Sessions Judge/ Additional Sessions Judge may take cognizance when the same has been committed to it by the Sessions Judge.
In case of a complaint made to the Magistrate under section 190 (1) of the Code of Criminal Procedure i.e., in case of complaint cases, the Magistrate may examine the complainant on oath and reduce the substance in writing. If he feels that he is not empowered to take cognizance of the same, he would direct the complainant to the proper court.
The Magistrate before taking cognizance and issuing process can order for investigation under section 156 (3) of the Code of Criminal Procedure.
In case the magistrate has taken cognizance of the offence, he can order for investigation under section 202 of the Code of Criminal Procedure before issuing summons.
In cases where the Magistrate is satisfied that there are no sufficient grounds to proceed with the complaint, he may dismiss the complaint. If not then the process moves to the next stage.
IV. Issue of process
After the Magistrate has taken cognizance of the offence in the police report or the chargesheet, the next step is to issue process to the person who is named in the chargesheet. But before a process is issued, a list of witness has to be filed to the Magistrate. It is important the the process so issued i.e., summons or warrant as the case may be must be necessarily accompanied with the copy of the complaint.
The Magistrate may dispense with the personal attendance of the accused, if he sees reasons to do so, and permit him to appear by his pleader. However, he may direct the personal attendance of the accused, if necessary, at any stage of the proceedings.
V. Supply of documents to the Accused
This is an important stage as the accused makes his first appearance in the court and seeks the copy of everything that the complainant relies upon. Section 207 of the Code of Procedure gives a statutory right to the accused to seek each and every document as under:
- Police Report
- FIR recorded under section 154
- Statement of witnesses recorded by the prosecution under section 161.
- Statements and confessions made under section 164
- Any other document forwarded to the Magistrate with the police report under section 173 (5)
VI. Committal of Case to the Court of SessionS
When the Magistrate knows that a particular case is triable by the court of sessions, then after fulfilling the requirement under section 207 i.e., after providing the accused with all the relevant documents, he commits the case to the court of sessions along with all the documents and articles, which are produced in evidence and also notify the Public Prosecutor about the same.
VII. Opening Statement by the Public Prosecutor
After the case is committed to the court of sessions the PP opens the case by describing the charges against the accused and state the evidence by which he proposes to prove the guilt of the accused.
VIII. DISCHARGE
If after hearing the PP, if the Judge is satisfied that there are no sufficient grounds to for proceeding against the accused, he shall discharge the accused and also state his reasons for doing so.
IX. CHARGES FRAMED
In cases where the accused is not discharge, the Sessions Judge or the Magistrate as the case may be proceeds to frame charges against the accused. If the charges framed are triable by the Magistrate, he shall transfer the case to the court of Chief Judicial Magistrate. The charges so framed against the accused are then read over to him and explained to him and he is asked if he pleads guilty for the offence for which he is charged or not. In case he pleads guilty, his plea is recorded and he is convicted forthwith. In case he does not plead guilty, the date for prosecution evidence is then fixed.
X. Evidence of the Prosecution
The prosecution then presents his evidence by way of which he seeks to prove the charges against the accused. The judge may in is discretion permit cross-examination of any witness to be deferred until any other witnesses have been examined or recall any witness for cross-examination.
XI. ACQUITTAL
If then the judge feels that there is no case made out against the accused, the judge shall record an order of acquittal.
XII. DEFENCE
If the accused is not acquitted, then he is called upon to enter his defense and he may adduce any evidence to support his case. In case the accused files a written statement, the same is filed along with the record. The judge upon application can also issue process for compelling the attendance of any witness or production of things or documents any may also reject the application if the court feels that the same is done with the intention to delay the trial.
XIII. ARGUMENTS
After the examination of the witnesses for the defense, the prosecutor will then sum up the case and the accused or his pleader is allowed to reply to the same.
XIV JUDGMENT
After the conclusion of the arguments, the judge may acquit or convict the accused. If the accused is convicted then the judge must hear the accused on the question of sentence and then pass the sentence accordingly.
AUTHOR: HITESH VACHHANI
DISCLAIMER
The procedure mentioned above is the general procedure. The stages of anticipatory bail before the chargesheet, regular bail after chargesheet in the Sessions Court and the High Court have been avoided to get the proper flow of the entire procedure at length. The provisions of Appeal, Revisions etc., have also been excluded for the similar reasons. This article is for educational purpose only and one must refer to the Code of Criminal Procedure to get an in depth knowledge of the same.
JURISTIC LEGAL 