The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-II]

“POLICE REPORT”

Q.7 What is a “Police Report” ?

Ans. A “Police Report” as defined under Section 2 (r) Cr.P.C. is the “final report” filed under Section 173 (2) Cr.P.C. by a Police Officer after the conclusion of investigation under Chapter XII Cr.P.C.

A case can be instituted before a Magistrate either by means of a “police report” or by means of a “complaint” as defined under Section 2 (d) Cr.P.C.

A “police report” can be in the form of a “charge-sheet” if after “investigation”, the SHO has been able to collect sufficient evidence to place the accused for trial before the Magistrate having jurisdiction. A “police report” can also be in the form of a “refer report”, if after “investigation” the SHO has not been able to collect sufficient evidence to place the accused for trial.

“COMPLAINT” (private complaint)

Q.8 What is a “complaint”?

Ans. A “complaint” is defined under Section 2 (d) Cr.P.C. which, excluding the Explanation thereto, reads as follows :-

(d) “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a Police Report.

A case can be instituted before a Magistrate also by means of a “complaint” which is usually called a “private complaint”. In the case of a “non-police officer” invested with the power of investigation under a statute, he, after investigation ordinarily submits a “complaint” before the appropriate Criminal Court. A private individual also can institute a “complaint” before a Magistrate. But, since the private individual does not possess any power to conduct investigation, the law expects him to produce along with his “complaint” all the supporting documents to substantiate his allegations.

The procedure for taking cognizance of an offence by means of a “complaint” culminating in the dismissal of such complaint, is dealt with in Chapter XV Cr.P.C. comprising of Section 200 to 203 Cr.P.C.

Q.9 An SHO, after registering an FIR and after conducting an investigation into a “cognizable case” alleging Section 323 IPC (voluntarily causing hurt – a non-cognizable offence) and Section 341 (wrongful restraint – a cognizable offence) discovers after investigation that the offence of “wrongful restraint” was not committed and that the only offence committed was “voluntarily causing hurt”. Since the FIR was registered and investigation was conducted without the order of the Magistrate under Section 155 (2) Cr.P.C., what is the way out for the SHO who has filed a “final report” under Section 173 (2) Cr.P.C. ?

Ans. This is a case falling under the Explanation to Section 2 (d) Cr.P.C. The “Report” filed by the SHO can be treated as a “complaint” and the SHO can be treated as the “complainant”. The Magistrate can take cognizance of the offence on such report which is deemed to be a “complaint”.

But if the offence alleged even in the “information” given to the SHO was a “non-cognizable offence” and the SHO discovered this after completing the investigation Explanation to Section 2 (d) will not come to the rescue of the SHO since the investigation conducted by him was without the order of the Magistrate under Section 155 (2) Cr.P.C. The Magistrate could not, therefore, take cognizance of the offence upon the report submitted on completion of such unauthorized investigation. (Vide Keshav Lal Thakur v. State of Bihar (1996) 11 SCC 557 – M. K. Mukherjee, S. P. Kurdukar – JJ.)

DIFFERENT STAGES OF A CASE BEFORE A CRIMINAL COURT

Q.10 What are the different stages of a case coming up before a criminal Court?

Ans. The various stages of a case before a criminal court can be broadly divided into three, namely, :-

(i) The stage of “initiation of proceedings” – Chapter XIV Cr.P.C. – Sections 190 to 199

(ii) Commencement of proceedings – Chapter XVI Cr.P.C. – Sections 204 to 210

(iii) The trial proper.

Part 1: The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-I]