UTTARA UNIVERSITY

ASSIGNMENT
ON
THE CODE OF CRIMINAL PROCEDURE PART- II
COURSE CODE: LLB-802
Topics:
a. The solution for a criminal case instituted otherwise than on a police report, if the
Magistrate notices that during the course of the inquiry or trial, another police
investigation is going regarding the same matter
b. The difference between the trial in magistrate court & the trial in session court.
c. Mr. Zahin attacked on a person (Rahim) with knife. Rahim was severely injured and
was admitted to the hospital for treatment for long time. In the mean time, Zahin was
convicted for causing grievous hurt by a competent court. After several months,
Rahim had died from the same injury. Now the question is whether Zahin could be
tried again for the causing death? Will it come within the scope double jeopardy or not?
Submitted to
Md. Naimul Hasan
Lecturer
Department of Law
Uttara University

Submitted by
Md. Arif Hossain
LL.B.(Hons) 8th Semester
Batch:43(B) Summer,20
ID: 2181261064
Uttara University

Submission date : 04-07-2020

 Question No -(a)

a) The solution for a criminal case instituted otherwise than on a police report, if the
Magistrate notices that during the course of the inquiry or trial, another police
investigation is going regarding the same matter.
Answer:

Criminal proceedings may be instituted by the making of a complaint or by a police report. Now
question is that, what is the solution for a criminal case instituted otherwise than on a police
report, if the Magistrate notices that during the course of the inquiry or trial, another police
investigation is going regarding the same matter. In light of question the answer is given below:
a) Provision regarding to this matter:
Section 205D of The Code of Criminal Procedure, 1898 stated that, When in a case instituted
otherwise than on a police report (hereinafter referred to as a complaint case), it is made to
appear to the Magistrate, during the course of the inquiry or trial held by him, that an
investigation by the police is in progress in relation to the offence which is the subject-matter of
the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial
and call for a report on the matter from the police-officer conducting the investigation.
If a report is made by the investigating police-officer under section 173 and on such report
cognizance of any offence is taken by the Magistrate against any person who is an accused in the
complaint case, the Magistrate shall inquire into or try together the complaint case and the case
arising out of the police report as if both the cases were instituted on a police report.
If the police report does not relate to any accused in the complaint case or if the Magistrate does
not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial,
which was stayed by him, in accordance with the provisions of this Code.

b) Procedure to be followed during the course of complaint case, a police investigation

is going regarding the same matter:
Under section 205D of The Code of Criminal Procedure, 1898 if a criminal case instituted
otherwise than on a police report and the Magistrate notices that during the course of the inquiry
or trial, another police investigation is going regarding the same matter then the the Magistrate
shall stay the proceedings of such inquiry or trial and call for a report on the matter from the
police-officer conducting the investigation.
If a report is made by the investigating police-officer under section 173 and on such report
cognizance of any offence is taken by the Magistrate against any person who is an accused in the
complaint case, the Magistrate shall inquire into or try together the complaint case and the case
arising out of the police report as if both the cases were instituted on a police report.
If the police report does not relate to any accused in the complaint case or if the Magistrate does
not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial,
which was stayed by him, in accordance with the provisions of this Code.

Question No -(b)

b) The difference between the trial in magistrate court & the trial in session court.
Answer :
There are following difference between Trial in Magistrate Court and Trial in Session Court-
Trial in Magistrate Court Trial in Session Court
a) Section 241 to 250 deals with Trial in a) Section 265A to 265L deals with Trial
Magistrate court in Session Court
b) Normally cognizance is taken by b) Normally Session Court doesn’t taken
Magistrate Court cognizance
c) Any party may open the case in c) The Prosecution open the case in
Magistrate trial Session Trail
d) Duration of Trial in Magistrate Court d) Duration of Trial in Magistrate Court
is 160-180 working days is 360 working days
e) The process of Trial is less lengthy e) The process of trial is more lengthy
than Trial in session court than Magistrate Trial
f) Magistrate Court can impose f) Session Court can impose any
imprisonment not exceeding 7 years sentences authorised by law

Question No -(c)

c) Mr. Zahin attacked on a person (Rahim) with knife. Rahim was severely injured and
was admitted to the hospital for treatment for long time. In the mean time, Zahin was
convicted for causing grievous hurt by a competent court. After several months,
Rahim had died from the same injury. Now the question is whether Zahin could be
tried again
for the causing death? Will it come within the scope double jeopardy or not?

Answer:
Issue: a) Whether Zahin could be tried again for the causing death or not?
c) Whether it will come within the scope double jeopardy or not?

Reasoning:
 Point of Law: Section 403(3) of the Code of Criminal Procedure, 1898 stated that, A
person convicted of any offence constituted by any act causing consequences which,
together with such act, constituted a different offence from that of which he was
convicted, may be afterwards tried for such last-mentioned offence, if the consequences
had not
happened, or were not known to the Court to have happened, at the time when he was
convicted.
Illustration (c) of the section 403 of CrPC stated that - A is tried for causing grievous hurt
and convicted. The person injured afterwards dies. A may be tried again for culpable
homicide.
 Point of Fact: In that case Mr. Zahin attacked on Rahim with knife. Rahim was severely
injured and was admitted to the hospital for treatment for long time. In the mean time,
Zahin was convicted for causing grievous hurt by a competent court. After several
months, Rahim had died from the same injury so under section 403 it will not come
within the scope of double jeopardy and Zahin could be tried again for the causing death.

 Conclusion: So, from the above discussion we can say that, and Zahin could be tried
again for the causing death and it will not come within the scope of double jeopardy.