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A criminal case can be filed in three ways. It can be filed by a police report, complaint or, magistrate's own knowledge, suspicion and information received from any person other than the police. When a criminal case is instituted upon a police report is known as General Register Case (GR Case). If a criminal case is instituted based on a complaint, then it will be termed a Complaint Register Case (CR Case).
Steps of Criminal Case based on the Police Report (GR Case):
Step 1: Information
Information about the
commission of an offence is popularly known as ejahar. According to Section 154
of The Code of Criminal Procedure, 1898 ejahar given to a police officer must
be recorded to writing and this will be called as First Information Report
(FIR).
Step 2: Investigation
According to Section 156
(3) and 202 (1) of The Code of Criminal Procedure 1898, In case of a cognizable
offence, an officer of a police station may without the order of a magistrate
or a formal FIR investigate the matter. A magistrate also without taking
cognizance of an offence made through complaint sends the case for
investigation to the police.
When a Magistrate
directs the police to enquire into the complaint of a cognizable offence of
which no previous information has been laid before the police, in that case,
written information sent by the magistrate to the police will be treated as the
First Information Report (FIR).
After the completion of
an investigation, a police officer has to file an investigation report to the
magistrate. This investigation report is called a ‘Police Report’. The police
report containing the recommendation for discharging the accused is called the
‘final report’ and the police report containing the recommendation for
prosecution is called the ‘charge sheet’.
According to section 202
of The Code of Criminal Procedure 1898, when a police officer submits the final
report, the magistrate will be competent to accept such a report and discharge
the accused.
When the police officer
submits a charge sheet, the magistrate may deal with the case by himself and
either convict the accused or discharge or acquit him. If the magistrate forms
an opinion that the case is a serious one not triable by him or he is not
competent to try such a case can transfer the case to the Sessions Judge or the
competent Magistrate.
Step 3: Trial
In the trial stage, the
court will take into consideration the first information report (FIR), charge
sheet, statement of witnesses recorded by the police and the documents produced
including the medical certificate. Then, if the court thinks it necessary it
will also examine the accused and give the prosecution and the accused an
opportunity of being heard.
After hearing the
submission of the accused and the prosecution, if the court is of opinion that
there are grounds for presuming that the accused person has committed an
offence, it will frame a charge against the accused.
The charge is to be read
out and explained to the accused. Then the accused is to be asked whether he
accepts the charge claimed against him or refuge the allegation brought against
him. If the accused does not accept the allegation and make a request to the
court to be tried, then the court will fix a date for the examination of
prosecution witnesses.
On the date fixed for
prosecution evidence, the trial court will proceed to hear the complaint, if
any, and takes all such evidence as may be produced in the support of the
prosecution.
After that, the court
will record the statement of the accused. Usually, this statement is recorded
to know the opinion of the accused if he has to say anything about the
prosecution evidence and if he wants to produce any evidence in his defence. If
the accused wishes to produce any evidence in his defence, then the court will
record the defence evidence. After considering the evidence produced by the
parties and hearing their arguments the court will pass its judgment.
Steps of Criminal Case based on the Complaint (CR Case):
Step 1: Complaint
According to section 192
of The Code of Criminal Procedure 1898, Upon receiving an oral complaint the
magistrate will at once examine the complainant and witnesses, if any, but if
the complaint is made in writing such examination is not necessary before
transferring the case to another magistrate. The magistrate on receipt of a
complaint of an offence of which he is authorised to take cognizance may —
a)
Take cognizance and issue of process for compelling the attendance of
the accused; or
b) To ascertain the truth or falsehood either inquire into the case by himself or direct an inquiry to be made by any magistrate subordinate to him or by any person other than a magistrate; or Direct an investigation to be made by a police officer, or by such other person as he thinks fit.
Step 2: Inquiry
According to Section
202(2A), any magistrate inquiring into a case may, if he thinks fit, take
evidence of witnesses on oath. The purpose of such an inquiry is to ascertain
the truth or falsehood of the allegations made in the complaint and to find out
whether a prima facie case has been made out.
Step 3: Trial
At this stage, the court
will take into consideration the petition of complaint, statement of witnesses
recorded during the inquiry, report of the inquiry officer and medical
certificate, if produced. Then, if the court thinks it necessary it will also
examine the accused and give the prosecution and the accused an opportunity of
being heard.
After hearing the
submission of the accused and the prosecution, if the court is of opinion that
there are grounds for presuming that the accused person has committed an
offence, it will frame a charge against the accused.
The charge is to be read
out and explained to the accused. Then the accused is to be asked whether he
accepts the charge claimed against him or refuge the allegation brought against
him. If the accused does not accept the allegation and make a request to the
court to be tried, then the court will fix a date for the examination of
prosecution witnesses.
On the date fixed for
prosecution evidence, the trial court will proceed to hear the complaint, if
any, and takes all such evidence as may be produced in the support of the
prosecution.
After that, the court
will record the statement of the accused. Usually, this statement is recorded
to know the opinion of the accused if he has to say anything about the
prosecution evidence and if he wants to produce any evidence in his defence. If
the accused wishes to produce any evidence in his defence, then the court will
record the defence evidence. After considering the evidence produced by the
parties and hearing their arguments the court will pass its judgment.
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