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(o) "officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station house or unable from illness or other. station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the information to the Magistrate. Law of Bail Applied in Pakistan, Justice ® Dr. Munir Ahmad Mughal, Muneeb Book House, Lahore, Pakistan, 5. The Police Order, , Justice ® Dr.
As to simplicity Summary trial is simple. When an offence is committed outside India a by a citizen of India. By the late nineteenth century, the production of legal codes in India had become so prolific that many administrators questioned its expense and utility. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant Keep Reading…. Jurisdiction Learning Objectives After studying this unit. Summary dismissal of appeal 1 If upon examining the petition of appeal and copy of the judgment received under section or section
Trivial discrepancy. Radha Kumar v. If the court before whom the witness gives evidence had the opportunity to form the opinion about the general tenor of evidence given by the witness. Dandu Lakshmi Reddi vs. We are inclined to accept the argument of the appellant that the language of Section Criminal Procedure Code.
AIR SC that power of the court to put questions to the witness as envisaged in Section of the Evidence Act would be untrammeled by the interdict contained in Section of the Code.
The following observations in the aforesaid decision. Barring the above two modes. Even honest and truthful witnesses may differ in some details unrelated to the main incident because power of observation. State of A.. Cross examination is an unequal duel between a rustic and refined lawyer. Of course. In other words. What is interdicted by the Parliament in direct terms cannot be obviated in any indirect manner.
C is not a substantive piece of evidence: In view of the provision to Section 1 CrPC. P — 7 SCC C is not a substantive piece of evidence. Any Court may send for the Case Diaries of a case under inquiry or trial in such Court and may use such diaries. Facts to be incorporated in Case Diaries: The Case Diary.
Case Diaries are important record of investigation carried out by an Investigating Officer. Concept of Case Diary Section Cr. Like in Uttar Pradesh. Each State has its own police regulations or otherwise known as police standing orders and some of them provide as to the manner in which such diaries are to be maintained.. Law Officers. These diaries are called case diaries or special diaries. The following shall not be incorporated in the Case Diaries: The aid which the court can receive from the entries in such a diary usually is confined to utilizing the information given therein as foundation for.
The Section itself indicates as to the nature of the entries that have to be made and what is intended to be recorded is what the police officer did. DIG and Head Office. Sub-section 2 is to the effect that a criminal court may send for the diaries and may use them not as evidence but only to aid in such inquiry or trial. Every Investigating Officer. But in case the police officer uses the entries to refresh his memory or if the court uses them for the purpose of contradicting such police officer then provisions of Section or Section As per section deals with in three clauses: Coming to their use by the accused.
Sub-section 3 clearly lays down that neither the accused nor his agents shall be entitled to call for such diaries nor he or they may be entitled to see them merely because they are referred to by the courts.
It can therefore be seen that the right of accused to cross-examine the police officer with reference to the entries in the General Diary is very much limited in extent and even that limited scope arises only when the court uses the entries to contradict the police officer or when the police officer uses it for refreshing his memory and that again is subject to the limitations of Sections and of the Evidence Act and for that limited purpose only the accused in the discretion of the court may be permitted to peruse the particular entry and in case if the court does not use such entries for the purpose of contradicting the police officer or if the police officer does not use the same for refreshing his memory.
Every police officer making an investigation under this chapter shall day by day enter his proceedings in the investigation in a diary. Section of the Evidence Act provides for cross-examination of a witness as to the previous statements made by him in writing or reduced into writing and if it is intended to contradict him by the writing.
Every police-officer making an investigation shall enter his proceedings in a diary which may be used at the trial or inquiry.
Similarly the court should not while recording the evidence of investigating office record anything which came to the knowledge of such an officer during the investigation of the other case.
Oral statements of witnesses should not be recorded in the diary. The entries in a police diary should be made with promptness in sufficient details mentioning all significant facts on careful chronological order and with complete objectivity.
So we can say that this section does not deal with the recording of any statement made by witnesses. The haphazard maintenance of a police case diary not only does no credit to those responsible for maintaining it but defeats the very purpose for which it required to be maintained. Neither the accused nor his agents shall be entitled to call for such diaries. Any criminal court may send for the police diaries of case under inquiry or trial in such court.
A diary kept under this section cannot be used as evidence of any data. The high court noted that according to Section of CrPC. Only right given there under is that if the Police Officer who made the entries in the diary uses it to refresh his memory or if the Court uses it for the purpose of contradicting such witness. Under sub-section 2 of Section The trial courts may use such diaries prepared by the investigating officer.
Investigation officer or the Court. It is. Neither the accused. The suspended officer had demanded that CBI place a certified copy of the full case diary in court in a sealed cover. Pandian later approached the high court. But the magistrate observed that pending investigation.
But the Gujarat high court has confirmed the order of special CBI court.. P it was held that It is manifest from its bare reading without subjecting to detailed and critical analysis that the case diary is only a record of day-to-day investigation of the investigating officer to ascertain the statement of circumstances ascertained through the investigation.
In the case of investigation A police officer. The magistrate cannot take cognizance or issue process against accused on the materials contained in the case diary alone. The Supreme Court has held that the police diaries of a case under inquiry or trial can be made use of by a criminal court only for aiding it. The judgment could protect the interests of witnesses in criminal cases while keeping under wraps the investigation done by police. A diary kept under this section cannot be used as evidence of any date.
This position is made clear by Section 2 of the Code. The court would be acting improperly if it uses them in its judgement or seek confirmation of its opinion on the question of appreciation of evidence from statements contained in such diaries.
It can be used as aid in framing a charge though not for founding the charge. The Supreme Court has ruled that no court should rely on a case diary as evidence and acquit or convict an accused on the basis of that.
A bench of Justices DK Jain and RM Lodha ruled that a criminal court can use the case diary to help an inquiry or trial but not as evidence. Entries in case diaries must be made with scrupulous completeness and efficiency. They cannot. Where a public servant makes a false entry in a diary kept and sent to his superior in pursuance of a departmental order which that public servant is bound to obey.. Prosecution is not expected to produce daily diary in courts as a matter of course..
But it will not affect the finding of guilt unless prejudice to the accused is shown. Entries made in a personal diary by a police officer who did not investigate into a case do not fall within section Courts think it to be of the utmost importance that entries in a police case diary should be made with promptness.
The haphazard maintenance of a document of the status of a case diary not only does no credit to those responsible for maintaining it but defeats the very purpose for which it is required to be maintained.
But the failure of the police witnesses to keep a diary as required by section 1 does not have the effect of making their evidence inadmissible although it lays it open to adverse criticism and may diminish its value. Such production would. Personal diary of non-investigating officer excluded. If required for defence they can be summoned on the application of defence.
Under section A Judge is in error in making use of the police diaries at all in his judgment and in seeking confirmation of his opinion on the question of appreciation of evidence from statements contained in those diaries.
In Khatri. The diary kept under section No use of police diaries as evidence. Use only as aid to court. It may. They can only order for diaries of cases under trial before them. But they can be put in evidence. A Judge should not take judicial notice of police papers.
Under section the police diary cannot be used by any court as a substantive evidence but is intended to be used only for the purpose of assisting the court in the appreciation of the evidence and to clear up any doubtful point arising in the course of the case.
As pointed out by the Supreme Court in Shamsul Kanwar. Permitting defence counsel to see portions of police diary for use in defence of case. It is comparatively of little use for defending counsel being permitted to look at the diary by the Sessions Judge at a belated stage of the trial. Thereby the defence cannot place reliance thereon.
Though an accused person is not entitled as of right to see the case diary and his statement to the police recorded in it. There is a heavy responsibility on the courts in the user of case diaries under section 3 and on public prosecutors to bring to the notice of the trial Judge anything in the case diary favourable to the accused. Defending counsel should know what the accused told the police in the first instance. There is no legal impediment to the committing court permitting in its discretion and in appropriate cases defending counsel at his request to look into a case diary to verify what the accused told the police as recorded there.
Where a police officer records in the special diary statements of witnesses. Under the law as it now stands.
Statements of witnesses recorded in special diary not covered by section There may be circumstances which might seriously challenge their correctness.
A police diary is normally meant for a police officer investigating a criminal case for recording therein his day to day noting regarding the investigation. Evidentiary value of entries in police diary. An entry in a record or a document made by a person for his own benefit even if admissible should not always be taken without scanning.
Entry as to time of F. Entries of the police diary are neither substantive nor corroborative evidence. In Jairajsinh Temubha Jadeja vs. Case Laws: There are several cases which are discussing regarding the case diary and use of case diary: State of Gujarat case also deals with the Production of case diary — Petitioner called in question order passed by Additional Sessions Judge.
After questioning the accused and hearing the arguments. Once the chargesheet has been submitted to a court of law. It is also not necessary that all the details of the offence must be stated. After the court pronounces its order on framing of charges. The charge-sheet is nothing but a final report of police officer under Section 2 of the Cr. Nothing more need be stated in the report of the Investigating Officer. In fact. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.
This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. The statutory requirement of the report under Section 2 would be complied with of the various details prescribed therein are included in the report. The report is complete if it is accompanied with all the documents and statements of witnesses required by Section 5.
Here is a definition from a case K. It can only be used as aid to court. It appears that more than 24 hours will be needed for his investigation. The officer-in-charge of the police station or the investigating officer not below the rank of a sub- inspector forwards the accused for remand before a Magistrate.
When the accused is arrested without warrant and is detained by a police officer in his custody. There are grounds to believe that tne accusation or information against him is well founded. The provisions of this section are attracted under the following conditions— 1. Remand Learning Objectives After studying this unit. Procedure when investigation cannot be completed in twenty-four hours This section lays down the procedure to be adopted when the investigation against accused person cannot be completed within 24 hours of his arrest and there are grounds for believing that the accusations against him are well founded.
Amendment Act of which provides that where a Judicial Magistrate is not available. Atiupam Kulkarni. The nature of custody may be altered from police custody to judicial custody and vice versa during the first 15 days period [7 days in case of Executive Magistrate vide subsection 2-A ]. Judicial Remand: The Judicial Magistrate to whom the accused person is so forwarded.
The Executive Magistrate may authorise detention of the accused in custody for not more than 7 days. He may order the accused to be forwarded to a judicial Magistrate having jurisdiction to try the case. A new sub-section 2-A has been inserted in this section by the Cr. But on expiry of 15 days period. The police can interrogate the accused even after his remand to judicial custody.
The Magistrate has the discretion to order detention of the accused in police custody cr judicial custody as he thinks fit. The maximum period of remand in case of offences punishable with death. Where police is not readily available for escort duty. The Magistrate is expected to apply his judicial mind while deciding the matter of remand taking into consideration all the available materials including the copy of case diary. He may also remand the accused to Army.
In case of remand by Executive Magistrate under sub-section 2A the reasons for authorising the detention of accused have to be recorded in writing. Navy or Air Force custody if the accused person is subject to that law. The Court cannot refuse to pass an order directing the release of accused on bail on the ground that no such written application has been given by the accused. If the investigation is not completed within this period the accused person has got to be released on bail without any further detention.
The prescribed statutory period of 90 days or 60 days as mentioned in Proviso a to Section 2 is to be computed from the date on which the Magistrate authorises the detention of the accused person. In the instant case the accused was not arrested in the F. Ravishankar Shrivastaya. Explaining the reason. Rs were lodged against the accused at Calcutta and Chennai and the accused who was arrested and in CBI custody in the case pending before the Court at Chennai.
In State of Rajasthan v. Application for bail was filed by the accused under Section on the ground of his continued detention beyond 24 hours without proper remand in the first F.
The High Court of Rajasthan held that the arrest of accused on the basis of second F. In this project. So it can be concluded that both the laws complement each other. While substantive law defines the various kinds of offences and the punishment to be given to the offenders. In India. Cognizance by Courts Learning Objectives After studying this unit. P .
He is not empowered to take suo moto cognizance of these offences unless there is a grave and sudden need to take action. These sections explain in detail the persons who are authorized to make a complaint with regard to any offence against marriage and a Magistrate can take cognizance of the offence only if those certified persons are the complainants. In the absence of such a procedural law. It consists of two branches known as substantive law and procedural law.
Chari v. It has a full section dedicated to the cognizance of offences by the Magistrates and has also dealt with the restrictions placed on his power of cognizance regarding certain offences. Criminal law has always been most effective branch of the law which has helped in dealing with most brutal of the crimes and has been there to protect the society from falling in the state of anarchy.
The term complaint has been defined in S. Kunhumuhammed v. Scope of Cognizance of Offences by Magistrate Any Magistrate of the first class and any magistrate of the second class may take cognizance of any offence. In the case of P. Then he will be dealing with to the viability of these restrictions and will be analyzing if these restrictions have been useful and have served their purpose or have they been a deterrent for the police and the victims on their way to achieve justice and prosecuting the perpetrators of various marriage related offences.
State of Kerala it was said: Section 1 provides that. What is taking cognizance has not been defined in the Code. Ajit Kumar Palit v. It may be noted that the magistrate takes cognizance of the offences and not the offender. It has been ruled that the magistrate can take cognizance of an offence if he is satisfied about the material.
If at the commencement of the investigation it is apparent that the case involved only commission of a non-cognizable offence.
He has to apply his mind to all the details embodied in the police report and to other documents and papers submitted along with the report. On receiving police report the magistrate may take cognizance of the offence under S. The magistrate has not to proceed mechanically in agreeing with the opinion formed by the police.
And it is for the magistrate to decide whether the police report is complete.
This he may do irrespective of the view expressed by the police in their report whether an offence has been made out or not.
His power cannot be controlled by the investigating agency. If cognizance is to be taken on a police report under S. That is the report must be one forwarded by a police officer to a magistrate under S. The magistrate is not bound by the conclusion drawn by the police and it is open to him to take cognizance of an offence under S. According to S. The object is to enable magistrate to see that justice is vindicated notwithstanding that the persons individually aggrieved are willing or unable to prosecute.
Hence the proper use of the power conferred by this provision is to proceed under it when the magistrate has reason to believe the commission of a crime but is unable to proceed ordinary way owing to absence of any complaint or police report about it.
It has been opined that if a magistrate takes action under S. There are varying opinions of the Courts on this point. And taking cognizance does not depend upon the presence of the accused in the court. In fact he does not have any role at this stage.
There is no question of giving him a hearing when final report of the police is considered. Nor does refusal to take cognizance of an offence leads to discharge of the accused. It may be noted that a magistrate can take cognizance of any offence only within the time-limits prescribed by law. Even after the period of limitation such offences can be taken cognizance of by the court if the delay is condoned prior to taking cognizance.
The power to take cognizance of an offence may not be confused with the power to inquire into or try a case. If any magistrate not empowered to take cognizance of an offence under S. Purshottam Jethanand v. State of Kutch : If a magistrate takes cognizance of an offence and proceeds with a trial though he is not empowered in that behalf and convicts the accused, the accused cannot avail himself of the defect and cannot demand that his conviction be set aside merely on the ground of such irregularity, unless there is something on the record to show that the magistrate had assumed the power, not erroneously and in good faith, but purposely having knowledge that he did not have any such power.
On the other hand if a magistrate who is not empowered to take cognizance of an offence takes cognizance upon information received or upon his own knowledge under S. In such a case it is immaterial whether he was acting erroneously in good faith or otherwise. This includes Transfer on application of the accused under S. Transfer on application of the accused- when a magistrate takes cognizance of an offence under clause c of subsection 1 of S.
Power of the Chief Judicial Magistrate to transfer a case- S. The section enables the chief judicial magistrate to distribute the work for administrative convenience. This section has conferred special power on the CJM as normally the magistrate taking cognizance of the offence has himself to proceed further as.
But an exception has been made in the case of CJM, may be because he has some administrative functions also to perform. The transfer can be ordered only after taking cognizance by the transferring magistrate.
The object of this section is that senior magistrate may find it convenient to when a magistrate transfers a case under S. It is judicial order in as much as there should be application of mind by the magistrate before he passes the order look at most of the cases in the first instance but after taking cognizance send them for disposal to their subordinates. Magistrate empowered to transfer a case- According to S.
This again is useful in order to relieve the CJM of unnecessary burden. No court of session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a magistrate under S.
When an offence is exclusively triable by a court of session according to S. In such a case the CJM was required to take cognizance and try economic offences. It was ruled that S. For proper distribution of the work in the court of session and for administrative convenience, it has been provided that an Additional Session Judge or Assistant Session Judge shall try such cases as the.
Where the complaint is not in conformity with the provisions of this section. The Supreme Court. There is absolute bar against the Court taking cognizance of the case under Section of IPC except in the manner provided in Section of Cr.
IPC can be launched nor any cognizance of the case taken by the Court. The provisions of these sections are mandatory and a Court has no jurisdiction to take cognizance of any of the offences mentioned therein unless there is a complaint in writing as required by the section concerned.
To this general rule. Limitation on the Power to take Cognizance: Sections are exceptions to the general rule that any person having knowledge of the commission of an offence. The absence of complaint as required by the section is fatal to the prosecution and it is an illegality which vitiates the trial and conviction. Any person may set the criminal law in motion by filing a complaint even if he is not personally affected by the.
Sections to of Cr. Since Section and the succeeding four sections i. The general rule is that any person having knowledge of the commission of an offence may set the law in motion by a complaint even though he is not personally interested in. Sections It may be noted that all the offences covered by Sections to of IPC except the one under Section It should order prosecution in.
It may be noted that Section being mandatory taking cognizance of any offence referred to therein without a proper complaint by the concerned public servant would be an illegality which cannot be cured by Section of Cr. The power to make the complaint can be exercised only by the public servant who is for the time being holding the office or is a successor-in-office of the public servant whose order is disobeyed or lawful authority disregarded and thus an offence under Sections to Clause b of Section 1 relates to prosecution for offences against public justice.
Law comes by making, abused and misused by breaking, for repair and redress there are the roles of the Police, the Courts and the Implementing actors in the society. State can do within its resources. People at large have also to cooperate and coordinate at all occasions according to 2 Electronic copy available at: In Pakistan the general substantive penal law is contained in the Pakistan Penal Code, and the general criminal procedural law is contained in the Code of Criminal Procedure, There are special and local laws and there are special jurisdictions of power and special forms of procedure which are not affected by the Code of Criminal Procedure, The Code has no application in such a situation and the provisions of the special or local law govern the procedure in the said situation.
Investigation according to the Code of Criminal Procedure, includes all proceedings under it for the collection of evidence conducted by a police officer or by any person other than a Magistrate who is authorised by a Magistrate in this behalf. Proceeding to the spot. Ascertainment of the facts and circumstances of the case.
Discovery and arrest of the suspected offender. Collection of evidence relating to the commission of the offence which may consist of?
Formulation of opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet under section The term judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath. Journal Public nuisances, or for the maintenance of wives and children. It is meant to include everything done in a case by a Magistrate whether the case has been challaned or not.
One is called summary and the other is called ordinary or regular. A regular trial and summary trial both are conducted according to the procedure laid down for them. In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.
Opening case for prosecution.
When the accused appears or is brought before the Court Keep Reading…. Compliance with section When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that Keep Reading….
Substance of accusation to be stated. When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether Keep Reading….
Power to try summarily.
Application of the Chapter. Language of Courts.
The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court. Evidence to be taken Keep Reading…. Person once convicted or acquitted not to be tried for same offence. Procedure in case of accused being lunatic. Procedure in cases mentioned in section Sentence of death to be submitted by Court of Session for confirmation.
No appeal to lie unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force; Provided that the victim shall have Keep Reading…. Reference to High Court. Power of Supreme Court to transfer cases and appeals. Execution of order passed under section When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or Keep Reading….
In what cases bail to be taken. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during an inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such Keep Reading…. Irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any of the following things, namely- a to issue a search-warrant under section 94; b to order, under section , the police to investigate an offence; c to Keep Reading….
Bar to taking cognizance after lapse of the period of Keep Reading…. Trials before High Court. When an offence is tried by the High Court otherwise than under section , it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe, if it were trying the case. I had begun the process of making tables for first schedule of CrPC but this is a very time taking process so I will be doing it in future.