CRPC

17TH JAN 2022

Investigation and gathering of evidences will be done either by a police officer or by any
person authorised by the magistrate to do so.

Complaint is filed before a magistrate; FIR is filed before police.

Gathering of evidence and producing this evidence in the court, hot to do it will be taken care
of by the adjective, that is law of evidence.

The process of taking those things into custody then brining it before the court making it in
the form of exhibit, so court will number it and make it a property of the court relating to a
particular case. All these things will be taken care of in the form of Cr.P.C

Chargesheet is filed by the police and charges are framed by the court.

18th JAN 2022

Anything that any of the side lawyers are putting before the court whether in the form of
prosecution or whether in the form of defence, they will be putting their stories from their
perspective. Anything stated by them has taken place somewhere back and they just reiterate
whatever has happened sometime back. So, each story will be having two sides and Audi
Alteram Partem comes into play which means hear both the sides because prosecution will
have a story to tell from their perspective and accused will put a story from their perspective.
For avoiding any violation of natural justice like accused being victimised and to avoid
innocent person getting wrongly being framed in a case and due to this we try to strive fair
justice concept through different methodology and procedures to make sure that person who
is innocent should not be gripped under the law unnecessarily and the basic jurisprudence that
we emphasise in criminal law that let 100 criminals go free but one innocent person should
not be punished.

If the offence that takes place is cognizable in nature than the proceedings will take place
according to F.I.R but if the offence is non-cognizable in nature, then F.I.R cannot be filed.
So, both the system of proceedings run parallelly.

When an offence takes place then every offender has to go through three processes. 1. Pre-
trial process that is everything that happens prior to the initiation of the trial then once the
trial starts it is here the courts will monitor every situation, every decision and every piece
that will be taking place before the court therefore trial is of utmost importance but after the
judgement the trial gets over and then it opens the door for the after-trial proceedings which
we call as post-trial.

There are three stages each offence goes through that is 1. Pre-Trial 2. Trials and 3. Post-Trial

Everything that is previously is gathered and the methodology and the means and the
procedure that is adopted are covered under pre-trial part then the trial initiates it is the court
with the evidences and the judge along with the two sides of the case represent their own side
and then the trial that is being there then once the judgement is over not everyone is very
happy with the judgement those who are unsatisfied procedures like going into appeal,
revision, references and review.

In many case police can do nothing on their own, police if it is a cognizable case will take the
decision and will go ahead with the investigation but if it is a non-cognizable case then police
will direct the complainant to go to a particular magistrate of your area and then file a
complainant before that particular magistrate. For non-cognizable case there is no F.I.R. So,
therefore for non-cognizable cases the case is initiated with a complaint. So, F.I.R is for
cognizable offence and Complaint is for non-cognizable offence. So, police will try to gather
the evidences and if there even evidences that can help in pinpointing the person who might
have committed the offence or might be involved so this might will arrive at the aspect of
arrest of that person. Then after the arrest the person needs to be produced after the court after
that we look into whether that person can get a bail or not.

If it is the F.I.R it is the investigation that takes place or if it is complaint, it is the inquiry that
takes place. Final report of the police comes either in the form of inquiry or in the form of a
chargesheet. Here, the investigating authority puts a full stop and puts the final report into the
court and after filing of this chargesheet in the court then the trial will initiate: 1. Sessions
Trial 2. Warrant Trial like Warrant Trail on police report and Warrant trial other than report
police report 3. Summons Trial and 4. Summary Trial. If it is F.I.R this is how it happens
after filing of the chargesheet and the trial initiates.

But in private complaint of individual reaching the court to get the court’s insight into the
injustice that has been done. But since it is a non-cognizable offence and there cannot be an
F.I.R and after the filing of the private complaint before the magistrate if the magistrate
thinks fit, he will look into the matter trying to find out whether he can take the cognizance of
it or not or also he can carry out an inquiry. (Anything taking place on the orders of the
magistrate will be an inquiry.) He can ask the police officer to come up with certain answers
then he will go ahead substantially with the initiation of going ahead with the trial or not that
decision and then the trial will initiate.

Meaning of taking of cognizance of the matter:

It simply means that whether as an authority I should be able to deal with the case or not or to
go ahead with the case of not.

If magistrate is directly approached by the victim and if he notices this is a case which is
cognizable in nature, so for this the initiation has to be there from filing of the first
information report and magistrate will not be having the authority to deal with the case, so
magistrate will direct the police authority to register the F.I.R, so, magistrate will direct the
victim to the specific police station where he should go and register his complaint and vice-
versa (police directs to go to magistrate when they think it is a non-cognizable offence).

When there is mixture or combination of cognizable and non-cognizable offence then it will
be taken as cognizable case because whatever is high that will be taken as the parameter.

It does not matter how many numbers of offences or what is the combination once there is a
combination between cognizable and non-cognizable. Each case will be treated as a non-
cognizable offence only.

REFUSAL OF F.I.R BY POLICE:

In section 154, we can see that we can go to the superintendent of police and tell him that
police are reluctant to register and F.I.R then he will direct them etc.

If police is reluctant to register the F.I.R then we can go to the magistrate and take his help
and ask the authorities to do their work then in that case it will be the court who will ordering
the police for filing the F.I.R and registration of the complaint and court may take the
cognizance of the matter and may ask the police to intervene and if it is a non-cognizable
case then court will definitely be taking cognizance of it and for some specific parts it will be
asking the police authority to do the inquiry, so when police on their own do the investigation
it told as investigation by police but when the same investigation is done by the police on
the direction of the court it is called as an inquiry. Inquiry is the word that is generally
used when these things are directed by the court only. Disciplinary proceedings or
Disciplinary enquiry in this, enquiry is used.
NOTE: There is a commission of a crime cognizable offence then there maybe registration of
an F.I.R or police may refuse to register the F.I.R. So, if that person goes to the magistrate,
then magistrate will direct the police to register the F.I.R or if it is the non-cognizable case
then filing of the complaint can be done and if it is a non-cognizable case police can release
the person in case of a bailable offence since in a bailable offence bail is a matter of right. So,
police can release the person on the bail in case of a non-cognizable offence but once the
F.I.R is registered then application of quashing the F.I.R can be filed because if the F.I.R gets
quashed then there will be no case and there is no answerableness to the law proceedings. So,
first thing can be application for quashing the F.I.R or if the person comes to know that a case
has been filed against him then he will try to have a bail from the court but since there is no
arrest at the moment but since he is anticipating that in some time to come when this F.I.R or
the proceedings get initiated then he might get arrested, so in that case in anticipation of that
arrest under the presumption he can knock the doors of the court and get an anticipatory bail
from the court so that if authority can come to arrest him then he can show the bail that is
granted to him by the court to them and he will be set free. So, bail is another option after
registration of F.I.R. Also, if police after investigation and interrogation come to a conclusion
that he should be arrested then he can be arrested or with F.I.R police can go ahead with the
investigation and prepare its final report so after arrest or investigation they can file the final
report into the court and after filing of the final report in the court in the form of the
chargesheet under section 163 there will be an initiation of a trial.

In non-cognizable cases either the person is released or the magistrate can take the
cognizance of the matter and as per situation and need can carry out an inquiry. In this case
he will ask his appointed person to go ahead with the inquiry or he will ask the jurisdictional
police officer to come and help the court in investigation of the case in particular matters
only. In investigation police are absolutely free to do any kind of investigation but in inquiry
there will be specific areas which will be directed by the court in police will carry out their
investigation which then will be called as inquiry because here police are carrying out the
investigation on the directions of the magistrate. After submitting of the report of what they
have gathered from the inquiry, now the magistrate will make up his mind that whether the
prima facie case is made out against the accused or not, whether there are charges that are
drawn against a person or not and in the meanwhile the defence can go ahead with the
application of the bail and on the basis of that the trial will initiate when it will be a non-
cognizable case.
FIR REGISTRATION UNDER SECTION-154 & HOW COGNIZABLE CASE THEN
GOES AHEAD:

First investigation the on the basis of that there can either be arrest or an anticipatory bail or
there may can be an application for quashing of an F.I.R that will be done.

If the case is to be taken into consideration, then for construing the mens rea and actus reus
are facts, circumstances, the measures for discovery and arrest then question answer session
by the police to the accused person known as interrogation. It is method of taking out
information in the form of question answer session then statement of accused and witnesses
will be recorded and the person will be arrested. Final closure report will be submitted to the
magistrate upon the completion of the investigation which is said as chargesheet under
section 173 by the police then it will be put up before the court and the court is satisfied by
the charges and on the basis of the chargesheet the trial is to be initiated on the basis of
information, investigation, documentary evidence, statement of accused and witnesses all
these will be compiled and will be put to the court as a closure report on the basis of which
court will be initiating the case. Charges are things upon which both parties hold different
opinion and that becomes charges in the criminal trial synonymous to the issues framed in a
civil suit. Once these issues and charges being framed in the court thereinafter whatever the
discussion that will take place in the court will be centric around the charges and court will
make sure that before framing the final charges all the ingredients of the offence are meted
out on the basis of the evidences that are submitted to the court. At the time of framing the
charge if all the ingredients of the offence are not meted out the charge will not be framed,
court can drop the charges if it thinks these are just allegations against a person and the
ingredients for that offence are not meted out. It can discharge the accused not acquitted.
Discharge means that specific charges cannot be labelled against a person means he is
released prior to the initiation of the trial. Once the trial starts it can happen into acquittal and
he cannot be discharged after that, so if anyone has to be discharged it has to be prior to
the initiation of the trial.

THE RATIONALE OF THE CRIMINAL PROCEDURE: THE IMPORTANCE OF

FAIR TRIAL

What is Act?
Prevalent laws that then gets combined, modified and structured into the present needs, so
already set of existing laws that being given up the shape it is called as code while when an
entire new piece of legislation is created with an specific insight then we call it as an act.

Even a person is a history cheater still then we will be presuming him as an innocent person.
So, presumption of innocence runs in the very system of fair trial. It is the state who is being
invested to protect the subjects that is the citizens or persons. One of the main purposes that
this code serves is to equip us to let us know all the nuances if there is anyone who is taking
the system for a ride. So, being the primary legislation for the procedure of criminal
jurisprudence of the country, it gives us a total insight as lawyers as how to deal with the
procedural part of the case, which is the court that one should approach and all those stuffs.

It falls under the concurrent list, Cr.P.C is a combination of order, rules and sections. Section
basically means it is a legislated law and this legislated law is pertaining to the procedures.
Since courts in the different states adopt to a different procedure and so for this very reason
this procedural law comes within the concurrent list because the state can amend the
procedural part not the legal part, the legal part can only be amended through an amendment
but the procedures can be worked as per the convenience of the particular area. So, there are
many amendments that can be done according to state requirement. This code also deals with
state machinery how law enforcement will work for example police hierarchical order is
different in different districts like in some state of the country it is named differently and in
some other state it is named differently and it runs accordingly. Therefore, for imparting
justice one can adopt to different procedure but the thread of law should be uniform and for
that very reason the procedural law exists. Cr.P.C acts as a comprehensive & exhaustive
procedural law which assists the lawyers in coming to a conclusion of which procedure to be
adopted when it comes to implementation of a specific offence. So, the crux is this code is
very well defined with detailed insight. The burden is being put on the prosecution that if
he/she alleges somebody it is that person who will be proving in the claims in the court of law
and the defence will have to take no defence unless it is under the ambit of section 76 to 106
that deals with general exceptions.

OBJECTIVE OF THE CODE

So, Cr.P.C can be stated as a fairly established and a well-defined system in which we use to
reach certain objectives. This procedural code is providing us the machinery for punishment
of the offenders which is provided under the Indian Penal Code as a substantive piece of
legislation. Cr.P.C provides for answers for the question what if a person is taken into
custody as per the provision of IPC. This code has created different grades of court which
starts with executive magistrate as the lowest cadre of the magistrate then second is judicial
magistrate which is judicial magistrate second class or judicial magistrate first class then the
chief judicial magistrate then the sessions court, high court and the supreme court. It basically
depends upon the what kind of matter is there. Different grades of court are created so that
person should not be put to inconvenience because of everyone given the same kind of
powers or also to prevent the abuse the power and also poor section of the society can get a
redress.

For example: A offence with a punishment of 6 months can be looked by a person who is
looking into 7 years punishment. So, it can be said as sometimes it may so happen that
although we have different judicial cadre but the offence possesses different dimensions and
different punishment. So, one who has the greatest jurisdiction or greatest power then he can
be approached because he can obviously deal with 6 months, 3 years and 7 years.

Sometimes it can happen that people in mitigating effect of ego just rush to the courts, so in
certain kind of offences so as per section 319 and 320 of Cr.P.C which talks about
compounding of offences. If at any time after approaching the police, going to the court and
court starting with the trial so even in that case this procedural law provides a mechanism of
compounding of an offence which acts as applying brake on the procedures that is going on
with complete withdrawal from the case but obviously it comes up with certain conditions
and certain consideration.

The main work of Cr.P.C is to supplement the provisions of IPC by rules or procedure. The
exhaustive further procedure that has to be adopted after making sure that all the ingredients
of an offence are met as per IPC is dealt by Cr.P.C. The main objective of Cr.P.C is to
supplement and substantiate what is being catered in IPC as the backbone of the system. This
procedural law will be giving us insight into all the details as to how now the manifestation
and the further steps of this offence can take place and this definitely will be helping to
ensure the fair trial. Judges also assist in ensuring a fair trial by maintaining a decorum that
needs to be maintained in the court. If the trial is not fair then a denovo proceeding can be
initiated if the party is successfully able to establish that there was no fairness in the trial.

RIGHT TO FAIR TRIAL ONE OF THE CORNER STONES OF JUST SOCIETY:

One of the most imperative things to maintain a fair trial is to hear both the sides that is Audi
Alteram Partem. There are long and elaborative provisions made in the Cr.P.C to safeguard
the rights of the accused although he is an accused but he is still a human being, so he
deserves the right of fair and impartial hearing otherwise if the conclusion is drawn in the
beginning and if it is not before and impartial judge then definitely, he will not get the justice.
So, an atmosphere is created in which the evidences speak and he gets a fair prosecutor. The
main placement of fairness is on the judge and also if the party anticipates that they cannot
get a justice in front of a particular judge then through provision of Cr.P.C they can transfer
their case to a neutral judge since judge has a magnums task even for one judgement and he
has to cater three dimensions to make the trial fair: 1. Fair to the accused 2. Fair to the victim
3. Fair to the society since that person will end up joining the society.