modules 5-10 Flashcards
2 ways for person to initiate criminal proceedings
sec 154- FIR
sec 190 - complain to magistrate and hope for cognizance.,
Mag 1st class can do suo moto, 2nd class can if empowerd by CJM
complaint proceedings
s. 2(D)
allegation= charge
- oral/written
- goes to JM-1
- mag can order investigation9156(3) by taking cogni. under 190
- or complainant gets examined under s.200
sec200-202
examination of complainant and any wittnesses that come forward (not summoned)
mag orders examinartion of witness= mag has “taken cognizance”
s200- mag may order investigation by PO
Mag need not examine informant if- they are public servant and made the complaint in writing
and if mag takes over the case of another magistrate- no need to reexamine the witness etc
dismissal of complaint
q
203- if after investig/inquiry= no grounds for proceeding then - dismiss complaint
remedy for dimissal= HC= 401 and court of sessions under 399
if new facts are found then 2nd complaint is allowed
comittal proceedings
sec209+323
Section 209 deals with the commitment of the case to the Court of Session. According to this section if a Magistrate feels that if the offence is triable exclusively by the Court of Session after instituting a case, then-
The Magistrate can commit the case to the Court of Session;
The accused can be remanded in custody until the proceedings are subject to the other provisions relating to bail;
The Magistrate can send evidence and other relevant evidence to the concerned court to carry out the proceedings;
The Magistrate can also notify the Public Prosecutor of the commitment of the case to the Court of Session.
Cognizance of offences by Courts of Session
S. 193:- only after comittal - not og jurisdiction
S. 197: prosecution of judges & public servant-
S.199: prosecution for defamation-
principles of charge framing
S.211: contents of charge (section etc)
S. 212: Particulars as to time, place & person-
S. 213: When manner of committing offence must be stated
S. 216: Alteration of charge
Eg. If NEW charge is entirely different- New trial
If new charge is NOT different- NO NEW trial (like s. 325,324 IPC same category offence)
Previous sanction is taken if public authority does something in official capacity.
Upon alteration of charge- witnesses can be re-examined.
S. 217: Recall of witnesses when charge altered.
sec218
S.218: Separate charge for distinct offences.
Eg. A charged with 3offences.
Theft-trial
Murder-trial
Forgery-trial
There can be separate trial for all three offences or a joint trial for all three offences.
If in same transaction A has committed all three offences then court will join the charges. It’s a JOINDER OF CHARGES.
. 219: Three offences of same kind within a year may be charged together.
S.223: What persons may be charged jointly
There are few criteria for joinder of accused- to be studies from bare act s.223)
Joinder of accused
Eg. Abatement
Attempt
In course of same transaction, different offences committed
withdrawal of charge
S**.224: Withdrawal of remaining charges on conviction on one of several charges. **
Object- to save judicial time.
Stage of withdrawal- only after conviction in one of the charges.
Result of withdraw- acquittal
Limitation- acquittal is subject to HC order of setting aside conviction.
Court can stay charges.
Even complainant u/s 200 can withdraw.
When there are 2 charges or more- only when more than one charge is there then withdrawal can be made.
Withdrawal can be against the same person only.
Mohan Singh v. state of Bihar
if evidence is there and case is cognizable then magistrate cannot just drop the charges and not investigate- must commit case to court of sessions
sec228
Framing of Charge
when the trial of a case begins, the judge is required to hear the prosecution and examine any witnesses produced by the prosecution. After this, the judge may, if he or she thinks that there is sufficient ground for proceeding with the case, frame a charge against the accused person.- charge should be in writing.
if accused pleads guilty when the trial of a case begins, the judge is required to hear the prosecution and examine any witnesses produced by the prosecution. After this, the judge may, if he or she thinks that there is sufficient ground for proceeding with the case, frame a charge against the accused person.
Bhawna Bai v. Ghanshyam
The Apex Court itself has said, that “at the stage of framing of charge, the court is required to evaluate the material and documents on record” to see if a prima facie case is made out.
jurisdiction
Section 177: the court in whose jurisdiction the offence takes place shall have the power o try the matter.
S. 185 Power to order cases to be tried in different sessions divisions
S. 186 High Court to decide, in cases of doubt, district where inquiry or trial shall take place
S. 187 Power to issue summons or warrant for offence committed beyond local jurisdiction
S. 188 Offence committed outside India When an offence is committed outside India
any ship aircraft registered in India, or high seas by citizen of India or non-citizen.
Sec 189 Receipt of evidence relating to offence committed outside India.
sec178 jurisdiction
Section 178: Place of inquiry or trial -a) Uncertain Aera:-When it is uncertain in which of the several local areas an offence is commit.b) Doubtful Area: -where an offence is committed in one local area and partly in another, it may be inquired into or tried by a court having jurisdiction over any of such local areas.c) Continue offence: -where an offence is continuing one, and continues to be committed in more local areas than one, it may be inquired into or tried by a court having jurisdiction over any such local areas.d) Different local areas: -where it consists of serial acts done in different local areas it may be inquired into or tried by a court having jurisdiction over any of such local areas.
types of trial
- sessions trial s225-237
- warrant trial s238-250
- summons case s251-259
- summary trial s260-265
