Fundamentals of Code of Criminal Procedure, 1973 Part IV

Fundamentals of Code of Criminal Procedure, 1973

Part IV

 

Types of Police Reports

 

Police reports are different according to the incidents. Types of police reports include:

 

·        Arrest reports: An arrest report, also known as an arrest record, outlines claims or charges levelled against a person. Upon the arrest of a suspect, usually by a representative of the court who signed the arrest warrant, the arrest report comprises a victim's accusations about a perpetrator as well as all of the information from the first report of the occurrence. Fingerprint information may also be included in arrest records, as well as the amount of bail set by the court.

 

·        Investigative reports: A police investigator or another investigating officer may undertake an investigation when a case is begun by submitting a police report. While the Right to Information Act (RTI) makes certain police information available to the public, forensic reports are not made public in order to avoid impeding an alleged suspect's trial. Insurance firms and private detectives, for example, can undertake their own investigations in addition to the police. Yet, the authorities are not looking into these accusations. Traffic updates A police traffic report describes the violation committed by a motorist and the offence acknowledged by him, as well as his personal information, name, licence number, tag number, and automobile model number.

 

·        Supplemental police reports: When a police report has to be altered, an officer might request an extra report that includes the updated or corrected information. The reporting officer may accidentally omit information or wrongly type an error in the original report. In the event of a nighttime collision, any images taken by the officer at the time do not clearly display the specifics of the accident. The additional supplementary pages are added to the first report and marked as the original report; no changes may be made to the initial report.

 

·        Witness reports: During police interviews with witnesses to traffic accidents or crimes, officers record remarks on their reports. These witness reports support the initial event or injury report, although they are often handled in various methods. The original witness report also includes a large blank section of a witness form for handing out a report regarding a traffic accident or injury report. A witness will frequently write their account on a blank piece of paper. In the event of an accident or injury, witness reports must be submitted following an interview with the victim.

 

·        Administrative reports: Police personnel and corporate business connection organisations must keep administrative records equivalent to non-police firms. Such reports may include statistical information on detention, tasks, budget items, and other daily activities. When a victim or a member of the public seeks information under the Right to Information Act (RTI), the request is recorded in an administrative report and made available by a police department officer.

 

·        Internal affairs reports : An officer is frequently compelled to file an inquiry into internal affairs as part of the law enforcement department's check-and-balance accountability. On internal affairs reports, these inquiries are recorded as charges of misbehaviour. Each accusation yields one of four results: sustained (the accusation is proven); unsustained (the charge lacks adequate evidence to support or refute it); unfounded (the event did not occur or was not based on facts discovered during the investigation); or exonerated (the alleged incident did occur in fact, but the action of the officer was considered to be reasonable and lawful).

 

Investigation [2(h)]

The term "investigation" is defined under Section 2(h) of the Code of Criminal Procedure. Investigation comprises any processes under this Code for the acquisition of evidence performed by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this regard. The investigation of an offence consists of:

·        Proceeding to the spot.

·        Ascertainment of facts and circumstances of the case.

·        Discovery and arrest of the suspect.

·        Collection of evidence which may include:

·        Examination of persons concerned and reducing their statement to writing.

·        Search and seizure of places and things respectively considered necessary.

Case Law Discussed: In the case of Rupan Deol Bajaj v. K.P.S. Gill (AIR 1996 SC 309) If the magistrate believes that the accused was wrongfully freed, he has the authority to take notice of the matter and direct that the accused be tried for the same offence. But, if he decides to dismiss the case and the complainant has filed a 'protest petition,' the magistrate has the authority to take action. In this instance, a senior police officer slapped a senior lady IAS officer on the backside at a party in the sight of an exclusive gathering, and the Magistrate accepted the final report, filed by the police in the case initiated by the lady officer under Section 144, without giving explanations. As a result, the Supreme Court overturned the ruling and reinstated the case, instructing the Magistrate to proceed with the case notwithstanding the complainant's concerns under Section 210 of the CrPC.

 

 

 

 

 

 

Fundamentals of Code of Criminal Procedure, 1973 Part III

 

Fundamentals of Code of Criminal Procedure, 1973

Part III

 

Basic concepts and definition

Bailable and non-bailable offences [2(a)]

A bailable offence is one in which the defendant (the person defending himself in a criminal court) may be released upon payment of bail. These are the situations under which bail is automatically granted. If a person is detained under a non-bailable presence, he does not have the right to bail. Nonetheless, the law provides particular attention to giving bail where the accused is under the age of sixteen, a woman, ill or infirm, or if the court is persuaded that it is right and proper for any other specific cause to grant release rather than reject bail.

 

Cognizable and non-cognizable offences (154)

Offenses are classified into several sorts, but we shall concentrate on two: cognizable offences and non-cognizable offences. Section 154 of the Cr.P.C. discusses Cognizable Offense. Section 2(c) of the Cr.P.C. defines it as an offence in which a police officer can arrest the prisoner without a warrant and begin an inquiry without the court's consent. These are the offences that are usually extremely serious and horrific in character. Rape, murder, abduction, dowry death, and so forth. Because of their terrible and heinous character, all cognizable offences are non-bailable. Non-cognizable Offense is defined under Section 2(1) of the Cr.P.C. It is defined as an offence for which a police officer does not have the right to arrest without a warrant. These are offences that are not significant or are typically minor in nature. Assault, cheating, forgery, slander, and so on. Because they are not significant, non-cognizable offences are frequently bailable.

 

Section 154

Information in cognizable cases

·         Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may require.

·         The informant shall be given a free copy of the information recorded under subsection (1) as soon as possible.

·         Any person aggrieved by a refusal by an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned, who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an Inquest to be made by any police officer subordinate to him, in the case of a refusal to record the information referred to in subsection (1)

According to the specific law, an officer can register an F.I.R., take cognizance of, and arrest a person without requesting prior court approval. If she or he has "reason to suspect" that a person committed the crime and believes that arrest is a necessary step. The officer must then have the detention validated by the appropriate judicial magistrate within 24 hours after arrest. Police officers can also undertake a preliminary inquiry before filing an F.I.R. to double-check the facts, but the obligation is entirely on him. This is due to the fact that if the Police Officer does not file an F.I.R. at the time the information is received.

 

Charge [2(b)]

Charge is defined in Section 2(b) of the Criminal Process Code as any head of a charge where the charge comprises more than one head. The legal definition in the code is not comprehensive enough for a layperson to understand. Alternatively, the word might simply be understood to mean as a "accusation". It is the specific charge as recognised by the Magistrate or the Court, based on the prima facie evidence presented against the accused.

 

Purpose of Charge

According to the Code of Criminal Procedure, the accused should be informed of the crime for which he has been charged. The primary purpose of prosecution is to inform the accused of the crime for which he or she has been charged and to prepare a defense. The accused should be informed from the beginning of the charges against him. All accused have a right to know what the prosecution has against them. The underlying principle of criminal law in informing the accused of the charge is to give each individual an equal opportunity to prepare a defense and obtain justice. It should be noted that in the case of serious crimes, the law requires the indictment to be accurately and clearly worded, accurately and clearly read and explained to the accused. 

 

Police report [173(2)]

Section 2(r) of the CrPC defines the term "police report," which refers to a report sent by a police officer to a Magistrate under Section 173. (2). The report must be submitted in the manner specified by the State Government in clauses (a) to (g) of sub-section (2) of Section 173. The police report submitted in this phase is referred to as the Finish Report. If this report involves an attempt of a crime by an accused individual, that report is frequently termed the "charge-sheet" or the "challan".

A judge cannot interfere with his legal and judicial duties until he has received the final report from the police under section 173. Nor can a judge have the option of issuing a warrant for a police Inquest. found M.L. Sethi v. R. P. Kapur [AIR 1967 SC 528]. A judge who has dismissed a police report has the right to review his order and demand "charge sheets". If the complainant and the accused filed complaints against each other, but the court does not have a police report and statements about the complaint of the accused. This was held to prejudice the accused in properly reporting his defense, and the accused was acquitted. A police "charge sheet" correlates with a criminal complaint filed by a private individual. After submitting the payment form, the research and preparation phase begins. Based on the document provided by the police, the magistrate can consider the crime. If the sub-inspector of the police, after the Inquest and the questioning of up to ten witnesses, called the case "an error of the case", the judge, accepting the order of the record, fixed it as a court order and that the police inspector could not reopen the case by filing charges after a re-Inquest.

 

Inquest report

The term "Inquest" is not directly defined in the Code. The purpose of the inquiry is to request a legal or judicial inquiry to determine the circumstances. According to The Black's Law Dictionary, the term "inquest" refers to an Inquest, assisted by doctors or sometimes by a jury, into the death of a person who died under suspicious circumstances or  in prison. The rules on the Inquest protocol are given in Chapter XII of the Code. The inquest report was conducted mainly to find out the causes of unnatural death. In the event of an unnatural death, the circumstances must be investigated. The state has a duty to its citizens to protect their health and life. When a crime is committed, it is committed against the state. In the event of an unnatural death, it is the duty of the state to find out the cause of death and take appropriate measures. This is the purpose of the Inquest protocol, to find out the circumstances on the basis of which it is possible to catch and punish the criminal.

Fundamentals of Code of Criminal Procedure, 1973 Part II

 

Fundamentals of Code of Criminal Procedure, 1973

Part II

Police as functionary (sec 36)

There is no provision in the code that creates the police or police officers. It assumes the existence of police and arms them with various responsibilities and powers.

Organisation 

The police force is established under the Police Act of 1861. The police force is a tool for detecting crime and preventing it, according to the Act. The overall management of police in a state is the responsibility of the Director-General of Police, but in a district, DSP is in charge of such management under the general supervision and guidance of the District Magistrate (District Superintendent of Police).

Every police officer receives a certificate, and as a result, he has all of the rights, obligations, and duties of a police officer. After the person is no longer a police officer, the certificate will no longer be valid.

The Code grants various rights to police officers, including the ability to conduct investigations, conduct searches and seizures, make arrests, and look into the members who have applied to become police officers. The person in command of a police station is given a lot of authority.

 

Public prosecutor (section 24 to 25 A)

A public prosecutor is seen as the state's representative of the general public's interests in the criminal justice system. It is the state's responsibility to prosecute the accused; it is not the responsibility of the party who was wronged personally. In nearly all nations, they are appointed. Section 24 of the Criminal Procedure Code defines the Public Prosecutor. They act as the cornerstone of the Rule of Law, or auld alteram partem (no person shall be condemned unheard).

Public prosecutor is defined under Section 2(u) of the Code of Criminal Process. "A person who is appointed pursuant to Section 24 of the Criminal Procedure Code, as well as any individual operating in accordance with the Public Prosecutor's instructions.

 

Functions

Depending on their title, the Public Prosecutor performs different duties.

 

·         At Session Court and High Court, the Public Prosecutor is responsible for supervising the Additional Public Prosecutor's duties.

·         Chief Prosecutor: At Metropolitan Magistrate Court, supervise the activities of the Assistant Public Prosecutor.

·         Conduct criminal trials in the Session Court as a second prosecutor.

·         The assistant public prosecutor looks over the agencies' charge sheet before submitting the acquittal or discharge. They are also in charge of reviewing the evidence and submitting revision applications. Also, they manage the criminal cases at the Court of Metropolitan Magistrate.

·         Director of Prosecution is where it all starts. They oversee and control Directorate officials on a broad scale. The Account Branches are also under their care.

The establishment of a Directorate of Public Prosecutors is intended to oversee and closely examine the activities of various prosecuting authorities at the Assistant Session and Session levels, with the exception of the High Court.

 

Reasons for the Appointment of Public Prosecutor:

Whenever any crime is committed against a group or individual, it is assumed that it has been committed against society. It is the duty of the state to provide justice to any group of society or person who is affected by the crime. In India, it is necessary that the criminal justice system should function within the limits of the Indian Constitution, which means that it is necessary for the Public Prosecutor to act in accordance with the principles of:

 

·         Equality before law

·         Protection against double jeopardy

·         Protection against self-incrimination

·         Protection against ex-post law

·         Right to life and personal liberty except procedure established by law

·         Presumption of innocence until proven guilty

·         Arrest and detention must be in accordance with the provisions of Cr.P.C.

·         Equal protection of laws

·         Speedy trial

·         Prohibition of discrimination

·         Right of accused to remain silent

·         Defence council as a functionary

 

In most circumstances, the accused is a layperson who is unfamiliar with legal jargon; consequently, under Section 303, the accused has the right to be represented by counsel of his own choosing. A pleader is not a government official since the accused or his family hires the pleader to defend the accused against the claimed accusations. A skilled legal practitioner must present the case on behalf of the accused to ensure a just and fair trial. As a result, Section 304 states that if the accused lacks the financial resources to employ counsel, the court will appoint a pleader at the state's cost.

In most circumstances, the accused is a layperson who is unfamiliar with legal jargon; consequently, under Section 303, the accused has the right to be represented by counsel of his own choosing.

There are several programmes available to help someone accused who cannot afford to engage a lawyer, including the Legal Aid Scheme of the State, the Legal Aid and Service Board, the Supreme Court Senior Advocates Free Legal Aid Society, and the Bar Association. The Legal Services Authority Act of 1987 provides free legal help to those in need.

Fundamentals of Code of Criminal Procedure, 1973 Part I

 

Fundamentals of Code of Criminal Procedure, 1973

Part I

 

What is an Offence?

An offence is a violation of the law, whether via action or inaction. It implies that there may be circumstances in which the law forbids you from engaging in a specific action. There may also be circumstances in which the law forces you to act in a particular way; otherwise, you risk being charged with the offence.

Criminal offences are committed against the State, whereas civil offences are committed against private individuals (people like you and me). The Prosecutor will plead the State's case against the Defendant on behalf of the State. Now that the issue sheet (pleadings) and the required evidence have been submitted, the prosecutor will present the case against the suspect.

 

Types of Criminal Offences:

1.   Bailable offence and Non-bailable offence

2.   Cognizable and Non-Cognizable offence

 

Functionaries under Cr P C

The 1973 Code of Criminal Process has a number of officers who assist in enforcing its different requirements. The functionaries are necessary for the code to run correctly. The police, public prosecutors, assistant public prosecutors, additional prosecutors, prison administrators, and defence attorneys are among the different officials named in the code. The code makes explicit reference to the authority and duties of the officials.

Hierarchy of court (Sections 6-23)

The setup of criminal courts in India is of 2 types i.e. District and Metropolitan areas.

District

The setup of criminal courts in district areas is at 3 levels: –

At the lower level of the judiciary the courts are called courts of Judicial Magistrate which are of 3 types: –

·         Judicial magistrate

·         Judicial magistrate second class

·          Special magistrate court

At the middle level of the judiciary, the courts at the sessions level include:

·          Court of sessions

·         Additional courts of sessions

·         Assistant courts of sessions

·         Special courts

 

At the higher level of the judiciary, there are the High Court and Supreme Court.

Metropolitan areas

The courts at the session’s level are referred to as metropolitan courts and they are of 2 types: – Metropolitan magistrate courts and Special Metropolitan Magistrate

Chief Judicial Magistrate/Chief Metropolitan Magistrate exercises supervisory authority or administrative authority of all the magistrates in sessions/division or metropolitan areas.

Classes of criminal courts

Section 6 of the Cr.P.C provides for the classes of criminal courts in every State apart from the High Courts and the Supreme Court, namely –

·         Court of Session

·         Judicial Magistrates of the first class and, Metropolitan Magistrates in any metropolitan areas

·          Judicial Magistrates of the second class; and

·          Executive Magistrates

Hierarchy of Criminal Courts

The hierarchy of the Criminal Courts in India can be understood through the following chart:

The Supreme Court of India – The Supreme Court Of India being the apex court of India was established under Article 124 of the Constitution of India.

The High Courts –  Article 141  of the Constitution Of India governs the High Courts and the High Courts are bound by the judgment of the Apex Court.

Lower Courts of India have been classified as follows: 

Metropolitan Courts 

·         Chief Metropolitan Magistrate

·         First Class Metropolitan Magistrate

 

District Courts

·         Sessions Court

·         First Class Judicial Magistrate

·         Second Class Judicial Magistrate

·         Executive Magistrate

 

Separation of Judiciary from the Executive

The Code under Section 3(4) separates the judiciary from the executive and states that, subject to the provisions of the Code:

·         Judicial Magistrate shall exercise the functions relating to matters in which appreciation or shifting of evidence is involved or which involve the formulation of any decision by which any person is exposed to a penalty or punishment or detention in custody, inquiry or trial.

·         Executive Magistrate shall exercise the functions regarding the matters which are executive or administrative in nature, for example, the granting or suspension or cancellation of a license, withdrawing from prosecution or sanctioning a prosecution.

 

Court of Session

Section 9 of the Cr.PC empowers the State Government to establish the Sessions Court and such court would be presided over by a Judge appointed by the High Court. The Additional and Assistant Sessions Judges are also appointed by the High Court to exercise jurisdiction in the Court of Session. The Sessions Court ordinarily sits at such place or places as ordered by the High Court, but if in a case, the Court of Sessions decides to cater to the general convenience of the parties and witnesses, then, it may, with the consent of the prosecution and the accused preside its sittings at any other place. As per Section 10 of the Cr.P.C, the assistant sessions judges are answerable to the sessions judge.

Court of Judicial Magistrate

Section 11 of the Cr.P.C states that in every district (not being a metropolitan area), the State Government after consultation with the High Court has the power to establish courts of Judicial Magistrates of the first and second classes. If the High Court is of the opinion that it is necessary to confer the powers of a Judicial Magistrate of the first or second class on any member of the Judicial Service functioning as a Judge in a civil court, then the High Court shall do the same.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate

As per Section 12 of the Code in every district other than metropolitan areas, Judicial Magistrate of the first class shall be appointed as the Chief Judicial Magistrate. The High Court is also empowered to designate a Judicial Magistrate of First Class as Additional CJM and by such designation, the Magistrate shall be empowered to exercise all or any of the powers of a Chief Judicial Magistrate.

Sub-Divisional Judicial Magistrate

In a sub-division, the judicial magistrate of the first class may be designated as the Sub-divisional Judicial Magistrate. Such magistrate shall be subordinate to the Chief Judicial Magistrate and will thus work under its control. Further, the Sub-divisional Judicial Magistrate shall control and supervise the work of the Judicial Magistrates (except the Additional CJM) in that subdivision.

Special Judicial Magistrates

By Section 13 the High Court is empowered to confer upon any person who holds or has held any post under the Government, the powers conferred or conferred by or under this Code on a Judicial Magistrate of first or second class. Such Magistrates shall be called Special Judicial Magistrate and shall be appointed for a term not exceeding one year at a time. In relation to any metropolitan area outside the local jurisdiction of a Special Judicial Magistrate, he may be empowered by the High Court to exercise the powers of a Metropolitan Magistrate.

Local Jurisdiction of Judicial Magistrate

According to Section 14, the Chief Judicial Magistrate shall define the local limits of the areas within which the Magistrates appointed under Section 11 or under Section 13 may exercise all or any of the powers with which they may be vested under this Code. The Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

The jurisdiction in case of Juveniles (Section 27)– This section directs that a juvenile (person below the age of 16) can not be given a death penalty or a punishment of imprisonment for life. Chief Judicial Magistrate or any other Court specially empowered under the Children Act, 1960 (60 of 1960) tries such type of cases.

Subordination of judicial magistrate

Section 15(1) provides that a Sessions Judge shall be superior to the Chief Judicial Magistrate and the Chief Judicial Magistrate shall be superior to the other Judicial Magistrate. This can be clearly understood by the above-mentioned diagram explaining the hierarchy of courts.

Courts of Metropolitan Magistrate

They are established in every metropolitan area. The presiding officers shall be appointed by the High Court. The jurisdiction and powers of such Metropolitan Magistrates shall extend throughout the metropolitan area. The High Court shall appoint Metropolitan Magistrate as the Chief Metropolitan Magistrate.

Special metropolitan magistrates

The High Court may confer upon Special Metropolitan Magistrates the powers which a Metropolitan Magistrate can exercise in respect to particular cases or particular classes of cases. Such Special Metropolitan Magistrates shall be appointed for such term, not exceeding one year at a time.

The Special Metropolitan Magistrate may be empowered by the High Court or the State Government to exercise the powers of a Judicial Magistrate of the first class in any area outside the metropolitan area.

Subordination of Metropolitan Magistrate

Section 19 of the Code provides that the Sessions Judge shall be superior to the Additional Chief Metropolitan Magistrate and Chief Metropolitan Magistrate and other Metropolitan Magistrates shall be subordinate to the CMM.

The Chief Metropolitan Magistrate has the power to give special orders or make rules regarding the distribution of business among the Metropolitan Magistrates and allocation of business to an Additional Chief Metropolitan Magistrate.

Executive Magistrate

As per Section 20, in every district and in every metropolitan area, Executive Magistrates shall be appointed by the State Government and one of them shall be appointed as the District Magistrate. An Executive Magistrate shall be appointed as an Additional District Magistrate and such Magistrate shall have such powers of a District Magistrate under the Code.

As executive magistrates are supposed to execute administrative functions they were neither given power to try accused nor pass verdicts. They are mainly concerned with administrative functions. The executive magistrates have the power to determine the amount of bail according to the provisions of the warrant issued against the accused, pass orders restraining people from committing a particular act or preventing persons from entering an area (Section 144 Cr.P.C), they are the authority to whom people are taken to when they are arrested outside the local jurisdiction, the executive magistrates are the only one with the power to disperse a crowd or an unlawful assembly, further, they are authorized to use force while doing the same according to the gravity and requirements of the situation. Executive Magistrates are assisted by the police while executing their functions.

As per Section 21, Special Executive Magistrates shall be appointed by the State Government for particular areas or for the performance of particular functions.

Local jurisdiction of the executive magistrate

Section 22 of the CrPC empowers the District Court to define the areas under which the Executive Magistrates may use all or any of the powers which are exercisable by them under this code but under some exceptions, the powers and jurisdiction of such Magistrate shall extend throughout the district.

Subordination of executive magistrate

As per Section 23, the Executive Magistrates would be subordinate to the District Magistrate however Additional District Magistrate shall not be subordinate to the District Magistrate. Every Executive Magistrate but, the Sub-divisional Magistrate shall be subordinate to the Sub-divisional Magistrate.

The executive magistrates shall follow the rules or special orders given by the district magistrate, regarding the distribution of business among them. The district magistrate also has the powers to make rules or special orders relating to the allocation of business to an Additional District Magistrate.