AUTHOR : LIPI SHARMA
The code of criminal procedure, 1973 is one among the oldest legislation that regulates the substantial legal code in India. It mentions the numerous procedures and processes to be followed while conducting a criminal proceeding. Chapter XVI of the code of criminal procedure demonstrates about the onset of proceedings before magistrate. The magistrate has got to follow all the provisions provided within the chapter in order that it’ll not be difficult during the proceedings.
AT A GLANCE OF TOPIC
The magistrate in India features a lot of power to perform criminal proceedings. The cases within the criminal procedure are segregated into two types:
The most dissimilarity between both of them is that the punishment granted. The offences in warrants case are usually granted punishments like death, captivity or imprisonment for up to 2 years. The offences which can’t be granted punishments just like the execution and captivity are often tried under summary trials.
Issue of process
Section 204 says that if within the opinion of the magistrate taking cognizance of an offence, there’s sufficient grounds for proceeding available, and therefore the case appears to be
- A summon case : He must issue summon for the appearance, or
- A warrant case : If he thinks fit then he may issue a warrant, or a summon, for causing the accused brought or seen, at a particular time before magistrate or ( if he has no jurisdiction himself) another magistrate having jurisdiction within the matter.[section204(1)].
Moreover, no summon or warrant are often issued against the accused under this section, under an inventory if prosecution witness has been filed.[ section 204(2)]. If under any law, any process amount or other amount is payable, no process are often issued until such amount is paid. If such amounts aren’t paid within the inexpensive time, the magistrate can dismiss the complaint. [section204 (4)].
It is to be noticed that the ‘process’ defines as an issue of summons or issue of warrants, as the case appears to be. The issue of process is a concern of judicial determination before issuing process the magistrate has got to examine the complaint and have the difficulty of process has got to be by magistrate who has taken cognizance or by one to whom the case has been transferred. At the time of issuing process the magistrate is especially concerned with the allegations made within the complaint or evidence led in support of an equivalent and he’s only to be clear satisfied whether there are, enough grounds for proceedings against the accused. Its not required by the magistrate or the merits or demerits of the case.
Power to dispense with two private appearance of the accused
Section 205 states that the magistrate has powers to dispense the private appearance of the accused and allow him to seem by his pleader if there are proper reasons. The magistrate can also direct the private appearance of the accused in any stage of the investigation if it’s necessary. The exclusion from personal appearance can’t be claimed as a right but it’s completely under the discretion of relevant judicial principles. The magistrate consider various factors to dispense attendance like-
- Social status
- Customs and practice
- The distance at which the accused resides
- The necessity of private attendance with regards to the offence and therefore the stages of trail.
In N.DINESSAN VS K.V BABY,1981 case, the court held that the provision 205 of CRPC states that an accused may be appeared by his pleader if magistrate allows so and if for that welfare of justice it is required that accused shall be present than magistrate direct accused to appear before him.
Special summons in case of petty offences
The magistrate can direct some special summons in cases of petty offences consistent with section 206(2). For the needs of this section “petty offences “ means any offence punishable with a fine not exceeding one thousand rupees, but doesn’t comprise any offence so punishable under the Automobiles Act,1939 or under the other law which provides for convicting the accused person in his absence on a plea of guilty. When a magistrate takes a cognizance of petty offences the cases are often summarily dismissed consistent with section 206, but sometimes the magistrate will send the summons for the person to seem face to face or by pleader when its needed. The rationale for such a choice has got to be recorded.
Supply to the accused of copies of statements and other documents.
It is necessary to supply to the accused of copies of statements and other documents. It is essential to provide relevant documents to the accused in order that they will understand the procedure followed and the status of the case. The documents supplied may additionally be used for further reference whenever required; the most need behind providing such documents is to avoid prejudice during the trial. The non-supply of materials by the magistrate that provided in section 207 are often successfully used for setting aside a conviction where the proceeding is instated on a police report. Section 207 provides that magistrate has got to provide certain copies of documents to the person accused when the proceedings are instated on police report. The documents must be provided free of cost.
The required documents that need to be provided are:
- The police report,
- The First Information Report( FIR) which is recorded under section154,
- The statements which are recorded sub-section 3 of section 161 of all persons whom the prosecution proposes to look at as its witness,
- The confession and the statements that are recorded under section 164 if available,
- Any other relevant document which is forwarded to the magistrate with the police report.
In addition to this the court held in case of STATE VS RANBIR SINGH, 1965, the statements and confessions of the accused person under section 164 would be also be comprise in expression documents or relevant extracts thereof, the copies of which are to be supplied to accused.
SUPPLY OF COPIES OF STATEMENTS AND DOCUMENTS TO ACCUSED IN OTHER CASE TRIABLE BY COURT OF SESSION
In the cases instituted otherwise than on a police report, copies of documents laid out in clauses (i) to (ii) of this section as following-
- Statements recorded under section 200 and 202.
- Statements and confessions, if any, recorded under section 164, and
- Documents produced before the magistrate and on which reliance is placed by the prosecution need to be furnished to the accused as long as the offence is triable exclusively by the court of session, the sole exception made under section is in favour of the documents which are voluminous during which case the accused will be permitted to examine them either personally or through his counsel.
The commitment of case to court of session.
Section 209 deals with the commitment of the case to the court of session consistent with this section if a magistrate feels that if the offence is triable solely by the court of session after instating the case, then
- The magistrate can commit the case to the court of session.
- The accused are often remanded in custody until the proceedings are subject to the opposite provisions concerning bail
- The magistrate can send evidence and other relevant evidence to the concerned court to hold out the proceedings.
- The magistrate also can notify the general public prosecutor of the commitment of the case to the court of session.
SECTION – 210
Procedure to be followed when there is a complaint case and police work in respect of an equivalent offence
Where a complaint case is pending before a magistrate and he has information that an investigation is pending before the police is reference to the exact same offence which is that the content of the complaint case before him, the enquiry or trial whichever could also be pending before the magistrate shall be stayed and a report involved from the police. In JOSEPH VS JOSEPH,1982 case the thing of section isn’t to harass an individual twice and also to not authorize an individual to indicate his honour when the case is being investigated by the police. Sub-section 2 may be a cure and sub-section 1 may be a precautions. Thus to avoid taking cognizance of same offence twice the precautions under sub- section has been presented.
This chapter XVI is extremely essential because it deals with the commencement of proceedings. The provisions during the chapter need to be followed properly in order that it regulates the opposite stages of the proceedings. The difficulty of proceedings is one among the important procedures in conducting a criminal investigation. The availability of copies of documents to the accused concerning the proceedings is additionally necessary. Thus, the provisions of this chapter need to be followed carefully in order that it’ll not affect the opposite parts of the proceedings.