Analysing CrPC Provisions relating to Investigation To Trial
Updated: 5 days ago
Criminal Procedure Code (CrPC) is the Chief Legislation which givers procedure on how to administrate Criminal Cases in India, as, like Indian Penal Code (IPC), IPC consist of a list of all Punishments for Criminal Cases and CrPC is the machinery which lays down procedure to Consolidate Criminal law in the Country. Crime is considered when any Person goes beyond the legal statute as passed by the Parliament of India.
If any offence comes under a Cognizable offence, the police can arrest such person or persons without any warrant. But the Police are duty-bound to register FIR u/s 154 of Cr.P.C, such filing of FIR can be down by anyone who knows that the Cognizable Offence has taken place.
In such Offence the Police has to detain Accused of more than 24 hours as provisioned in Cr.P.C for more investigation purposes then-Police has to take the permission of the Magistrate for “Remand”. Remand can be of two types:
If any offence comes under Non-cognizable Offence, then Police is not Duty-bound to register the FIR u/s. 154 Cr.P.C. The warrant is mandatory to detain any person. Police can Investigate without the permission of Magistrate but in Such investigation done u/s 155(2) & u/s 156(2) shall be only by the permission of Magistrate taken by the Police Officer.
The next step is when police officer Register FIR, Investigation by police takes place for Collecting Proofs, Cross-examination, Logical Investigation and such Proofs becomes vital evidence for Police which should be Recorded and examination of such statement u/s 161 of Cr.P.C. Such recording of statements with evidence should be witnessed by any Magistrate. Such Charged should be brought in front of the Magistrate within 24 hours.
When Police arrest any person for an offence, and Police need more time for the examination of such case within 24 hours, at such instance Police can take permission for more time only from Magistrate and stating the reason. Now, the extension for offences like Imprisonment for life, Death, or more than 10 years of punishment would be no more than 90 days, and for non-cognizable offence, not more than 60 days would be granted.
After examination of the Documents and even If the Remand takes more than the prescribed limit, the Police shall report u/s 173 of Cr.P.C. and submit before the Magistrate and the conclusion of such Investigating report by investigation agency should be mentioned. If there is any absence of Documents or evidence against the accused then the Police after Signing the Bond can release the accused by undertaking that to be present before the court as and when called by the Magistrate for cognizance.
The magistrate must issue a notice to the first informant of the case to say anything before the closure of the report. Bhagwant Singh v. Commissioner of Police and Anr AIR [1985 SC 1285]
When there is no evidence against such accused then Magistrate has three option where the report can be closed:
The Magistrate Accepts the closure. Or the opinion of Investigation Officer may close the report
The Magistrate may feel the Elements are not completed and orders for further investigation.
The magistrate can straight away summon the accused person if Magistrate finds any hint in the case.
The final Report/Charge sheet consists of whole investigations of police authorities and sections mentioned against the accused. It should be placed before the Magistrate and he/she may issue a summons against the accused to be present before him on a date given by him/her. If the offence seems to be Session Triable Case (u/s. 167) then the trail of the case will begin after sending proceedings to District and Session court.
Sessions Court Trial
If the accused pleads not guilty, then the case will move forward to the Sessions Court. Sessions Trial Cases are dealt with from u/s 225. The Prosecutor will open the case by applying u/s 227. If the accused pleads guilty then he may be convicted for the charges u/s 229 and otherwise, the trial will proceed.
U/s 313, After the evidence of the Prosecution, the Judge will direct the accused in question and answer form, then record his statement.
The judge will ask the last question if the Prosecutor will lead the defence witness.
A Hon'ble Judge will give the judgment on whether the accused is Convicted or Acquitted. If Convicted, the Quantum of Judgment u/s 360 shall be heard by the accused and the Accused shall be punishable with the respective offence.
Shubham Sankhala is a 3 year LLB Student at Rizvi Law College.
You may contact them at https://www.linkedin.com/in/shubham-sankhala-07563215b/
Edited By: Swathi. Ashok. Nair
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