SEC.173 OF Cr.P.C. - report / charge sheet -III

sec.173 [5] - when evidence is sufficient, along with report the police has to sent all relevant documents and statements recorded under sec.161 on which prosecution relies. and other sub- sections demands for copies to accused and further investigation powers should not be curtailed. NO FINAL REPORT SHOULD BE ACCEPTED WITHOUT THE NOTICE OF THE COMPLAINANT. THIS FINAL REPORT ARE OF TWO KINDS FINDING OFFENCE AND FINDING NO OFFENCE OR WITH MODIFICATION OF BOTH.

SEC.173 OF Cr.P.C. - report / charge sheet -II

sec. 159 power to hold investigation or preliminary inquiry - such magistrate, on receiving such report, may direct an investigation, or if he thinks fit, at once proceed, or depute any magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or other wise to dispose of the case in the manner provided in this code. sec.160. -power to require attendance of witnesses and sec.161- examination of witnesses by police .sec.162 no statement recorded should be signed by witness explanation- an omission to state a fact or circumstance in the statement referred to in sub-sec,[1] may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amount s to a contradiction in the particular context shall be a question of fact.sec.163 - no inducement to be offered .Sec. 164 recording of confessions and statement.Sec.164-A medical examination of the victim of rape. sec. 165 search by public officer sec.166 obtaining search warrants sec.166 A letter of request for investigation out side India and sec.166B- letter of request by out side India to investigate in concerned court , in India.SEC. 167 PROCEDURE WHEN INVESTIGATION CANNOT BE COMPLETED WITH IN 24 HOURS. whenever an accused is arrested and detained in custody- 24 hours is fixed by sec.57 for completing investigation. sec.168 report of investigation by subordinate police officer . sec. 169 release of accused when evidence deficient if it appears to the SHO that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a magistrate, such officer may release him on [bail] his executing a bond with or without sureties. sec. 170 - if found grounds he shall send the accused to the judicial custody or if bailable release him on bail. sec.171 complainant and witnesses should bot be restrained for accompany police officer.sec.172 diary of proceedings in investigation

SEC.173 OF Cr.P.C. - report / charge sheet -I

REPORT OF POLICE OFFICER ON COMPLETION OF INVESTIGATION -[1]. Every investigation under this chapter shall be completed without unnecessary delay. [chapter = information to the police and their powers to investigate chapter xii ]. [2] [i] As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the state Government, stating -[a]. the names of the parties ; [b]. the nature of the information;[c]. the names of the persons who appear to be acquainted with the circumstances of the case; [d]whether any offence appears to have been committed and if so by whom ; [e]. whether the accused has been arrested;[f] whether he has been released on his bond and if so whether with or without sureties; [g]. whether he has been forwarded in custody under sec.170. -------------------------------------------------------------------------------------it is just and necessary to discuss about the chapter xii. sec. 154 - on information F.I.R. must be registered, if refused to register, he may send it by post to S.P. and also by hand in writing. Sec. 155 - information as to non-cognizable cases and investigation of such cases, must be registered only on the direction of court. no power to arrest without warrant. sec.156- investigate into cognizable offence, without order of court., including referred by court under sec190 and no one can question the station house officer of his power to investigate. first information report is first step and arrest is next step in investigation. investigation is the primary function of the police and the arrest is the secondary function in investigation. sec.157- procedure for investigation - [1] t he S.H.O. he himself or depute any authorized person , by sending reports to magistrate and higher officials, to proceed, to the spot, to investigate the facts and circumstances of the case, and if necessary, to take measures for the discovery and arrest of the offender. provided [a] no spot investigation is necessary when the offence is not a serious one [b] absence of sufficient grounds, stop investigation. [2]. must furnish sufficient reasons for the above said exemptions in his report and in case of clause [b] the officer shall also forthwith notify to the informant, if any , in such manner as maybe prescribed by state government, the fact that he will not investigate the case or cause it to be investigate.sec.158- Report how submitted [1] every report sent to a magistrate under sec.157 shall be submitted through such superior officer of police as the state government by general or special order appoints in that behalf [2] such superior officer may give such instructions to the officer in charge of police station as he thinks fit and shall after recording such instruction on such report, transmit the same without delay to the magistrate.

SEC.313 OF Cr.P.C.

POWER TO EXAMINE ACCUSED :- [1] . In every inquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the court- [a] . may at any stage, without previously warning the accused put such questions to him as the court considers necessary ; [b] . shall , after the witnesses for the prosecution have been examined and before he is called on for his defense, question him generally on the case: PROVIDED THAT IN A SUMMONS-CASE, WHERE THE COURT HAS DISPENSED WITH THE PERSONAL APPEARANCE OF THE ACCUSED , IT MAY ALSO DISPENSE WITH HIS EXAMINATION UNDER CLAUSE [b]. [2]. no oath shall be administered to the accused, when he is examined under sub-sec.[1][b]. ----- [3]. when accused refused to answer or give false reply , no punishment attracts.--[4]. the answers may be considered against or infavour of accused while judging the case. ........ presence of accused is must as it is mandatory and examination of lawyer of accused is not sufficient compliance with t he mandate - A.I.R.1993 SC 2090. EXAMINATION OF ACCUSED IS MUST NOT FORMALITY AIR 1997 SC 768.

TRIAL IN SUMMONS -CASES BY MAGISTRATES

SEC. 251 -NO SEPARATE FRAMING OF CHARGE IS NEEDED -SUBSTANCE OF ACCUSATION IS TO BE STATED. 2. SEC.252 - CONVICTION ON PLEA OF GUILTY. 3. SEC. 253 CONVICTION ON PLEA OF GUILTY IN ABSENCE OF ACCUSED IN PETTY CASES. 4. SEC.254 - PROCEDURE WHEN NOT CONVICTED - HEAR ON BOTH SIDES INCLUDING RECORDING OF EVIDENCE ON BOTH SIDES. UNDER SUB SEC[2] MAY ISSUE SUMMONS FOR WITNESSES ALSO ON THE APPLICATION OF BOTH PARTIES -PROSECUTION OR ACCUSED, ON PAYMENT OF BATTA. 5. SEC.255 - ACQUITTAL OR CONVICTION. 6. SEC.256 - NON - APPEARANCE OF THE COMPLAINANT OR DEATH OF THE COMPLAINANT. - ON CONDONE ABSENCE PETITION , THE COURT CAN ADJOURN THE CASE FOR SOME OTHER DAY OR SHALL DISMISS THE COMPLAINT. 7. SEC. 257 - WITHDRAWAL OF COMPLAINT - ON PETITION ON SUFFICIENT GROUNDS , WITHDRAW A COMPLAINT AGAINST ALL OR SOME OF THE ACCUSED. 8. SEC. 258 - POWER TO STOP PROCEEDINGS IN CERTAIN CASES - OTHER WISE THAN UPON COMPLAINT, AT ANY STAGE , ON APPLICATION THE MAGISTRATE MAY STOP PROCEEDINGS AND DISCHARGE THE ACCUSED. 9. 259 -POWER OF COURT T O CONVERT SUMMONS-CASES UNTO WARRANT CASES