Filing of the Complaint or Police Report (Section 154/155 CrPC):
- Criminal proceedings may begin with the filing of a complaint (Section 154) or a police report (FIR) (Section 155). A complaint can be filed by a private individual, while a police report is generated by the police based on information about an offense.
Examination by the Magistrate (Section 200 CrPC):
- When a private complaint is filed, the magistrate, after examining the complainant and any witnesses present, decides whether there are sufficient grounds to proceed with the case.
Consideration of Police Report (Section 157 CrPC):
- If the case starts with a police report (FIR), the magistrate reviews the report and the evidence gathered during the investigation. The magistrate assesses whether the report discloses a prima facie case.
Cognizance of the Offense (Section 190 CrPC):
- After examining the complainant or reviewing the police report, if the magistrate is satisfied that there are sufficient grounds to proceed, they take cognizance of the offense. This marks the formal commencement of legal proceedings.
Issuance of Summons or Warrant (Section 204/204A CrPC):
- Once cognizance is taken, the magistrate issues either a summons (Section 204) to the accused if it is a summons case, or a warrant (Section 204A) for the arrest of the accused if it is a warrant case. The accused is then required to appear in court.
Service of Summons or Execution of Warrant (Section 87/88/89 CrPC):
- The summons is served on the accused, and if the accused does not appear voluntarily, a warrant is executed (Section 87, 88, 89) for their arrest. This leads to the accused’s production before the court.
First Appearance of the Accused (Section 135/136/137 CrPC):
- The accused’s first appearance in court is significant. The magistrate informs the accused about the charges and their rights (Section 135). The accused may be asked to enter a plea (Section 136).
Framing of Charges (Section 228/228A CrPC):
- If the accused pleads not guilty, the magistrate proceeds to frame charges (Section 228/228A) against the accused, specifying the alleged offenses.
Trial Proceedings (Various Sections):
- The trial proceedings begin after charges are framed. This includes the examination of witnesses (Section 137/138), presentation of evidence, cross-examination, and legal arguments.
Pronouncement of Judgment (Section 248/351/353 CrPC):
- After the trial is complete, the magistrate will pronounce judgment (Section 248/351/353). The accused may be acquitted or convicted based on the evidence and arguments presented during the trial.
Sentencing (if convicted) (Section 235/235B/248/354 CrPC):
- If the accused is convicted, the magistrate will determine the appropriate sentence or punishment (Section 235/235B/248/354).
Certainly, here’s an explanation of the issuance of summons or warrant under Section 204/204A of the Code of Criminal Procedure, 1973 (CrPC), along with relevant case laws and the nature and scope of these sections:
Section 204 CrPC – Issue of Summons:
- Explanation: Section 204 of the CrPC empowers a magistrate to issue a summons to an accused when they are of the opinion that the person should be tried in a summons case.
- Nature and Scope: The nature of Section 204 is primarily procedural. It allows the magistrate to initiate proceedings by issuing a summons to the accused. The scope of this section is to provide a formal notice to the accused, requiring them to appear before the court.
Case Laws Relevant to Section 204 CrPC:
Sheik Ali and Another vs. State of Tamil Nadu (2012):
- In this case, the Madras High Court emphasized that a magistrate should apply their mind before issuing a summons under Section 204. The magistrate’s satisfaction should be based on whether a prima facie case is made out against the accused.
Hariram Bajaj vs. The State of Madhya Pradesh (2015):
- The Madhya Pradesh High Court held that Section 204 is applicable when the magistrate is satisfied that a case is a summons case, and it should be exercised judiciously.
Section 204A CrPC – Issue of Warrant in Bailable Offenses:
- Explanation: Section 204A of the CrPC pertains to the issuance of a bailable warrant. A magistrate may issue a warrant in cases where the offense is bailable, but the accused fails to appear in response to a summons.
- Nature and Scope: The nature of Section 204A is also procedural. It allows the magistrate to take a more coercive step (issuing a warrant) when the accused, despite being summoned for a bailable offense, fails to appear.
Case Laws Relevant to Section 204A CrPC:
Ritesh Tandon vs. State of U.P. (2016):
- In this case, the Allahabad High Court emphasized that Section 204A allows a magistrate to issue a bailable warrant only when the accused does not comply with the summons, and not as a matter of routine. The issuance of a bailable warrant must be reasoned and not arbitrary.
Rajesh Khanna vs. State of Haryana (2018):
- The Punjab and Haryana High Court clarified that Section 204A serves as a tool for ensuring the presence of the accused in response to a summons in bailable offenses and does not change the nature of the offense itself.
The primary purpose of both Section 204 and Section 204A is to ensure that accused individuals appear before the court when required and to advance the legal proceedings. While Section 204 relates to summons cases, Section 204A addresses situations where the accused does not comply with a summons in bailable offenses, making it essential for the accused’s appearance in court. These sections are tools that magistrates use to manage the progression of cases.
Section 207, 208 CrPC ( Supply of copy of Police- Report)
| Section | Subject | Explanation | Nature and Scope |
|---|---|---|---|
| 207 | Supply of Copies of Statements and Documents to the Accused | Requires providing the accused with copies of statements and documents collected during the investigation when a magistrate decides the case should go to a higher court. | Procedural and protective, ensuring the accused’s access to the evidence against them for a fair defense. |
| 208 | Commitment of Case to Court of Sessions or High Court | Details the procedure for transferring a case and the accused to a Court of Sessions or High Court, when the magistrate determines it necessary. | Procedural and administrative, ensuring a smooth transition of cases to higher courts for trial. |
Section 209 Committal
Section 209 of the Code of Criminal Procedure, 1973 (CrPC), deals with the commitment of cases that are exclusively triable by a Court of Sessions. It outlines the process by which the magistrate conducts an inquiry and determines whether there is sufficient ground to proceed with the trial before the Court of Sessions.
Section 209 CrPC – Commitment of Case to Court of Sessions:
- Explanation: Section 209 CrPC outlines the procedure for the commitment of cases exclusively triable by a Court of Sessions. When a magistrate takes cognizance of such an offense, they must conduct an inquiry to ascertain whether there is sufficient ground to proceed to the Sessions Court for trial.
- Nature and Scope: The nature of Section 209 is procedural. It serves to ensure that cases that fall under the jurisdiction of the Court of Sessions are transferred to the appropriate court for a full trial. The scope of this section is to ascertain whether there is a prima facie case for the case to proceed to the Sessions Court.
Relevant Case Laws on Section 209:
Manish N. Raskar vs. State of Maharashtra (2002)
- In this case, the Bombay High Court emphasized that a magistrate conducting an inquiry under Section 209 CrPC must apply their mind to the evidence on record and determine whether there is a prima facie case. The magistrate’s role is to assess whether there is sufficient material to warrant a commitment to the Sessions Court.
Lalit vs. State of Haryana (2009)
- The Punjab and Haryana High Court held that Section 209 is a crucial stage in the proceedings, and the magistrate should examine the material on record carefully to determine whether a prima facie case is made out. The court emphasized the importance of ensuring that an accused person is not committed to Sessions Court without proper scrutiny.
Birsa vs. State of Jharkhand (2017)
- In this case, the Jharkhand High Court stated that the magistrate conducting the inquiry under Section 209 CrPC should not conduct a detailed examination akin to a trial but must be satisfied that there is enough material to establish a prima facie case.
How sec. 209 committal is differ from 323 committal?
Section 209 and Section 323 of the Code of Criminal Procedure, 1973 (CrPC) both pertain to the commitment of cases from a magistrate’s court to a Court of Sessions. However, they differ in the nature of cases they deal with and the procedures involved. Here’s how Section 209 committal differs from Section 323 committal:
Section 209 CrPC – Commitment of Cases Exclusively Triable by Court of Sessions:
- Nature of Cases: Section 209 is applicable to cases that are exclusively triable by a Court of Sessions. These are generally more serious offenses, such as murder or rape, which fall under the jurisdiction of the Sessions Court.
- Procedure: In the case of Section 209, the magistrate conducts an inquiry to determine whether there is sufficient ground to proceed to a full trial before the Court of Sessions. The inquiry is conducted to assess whether there is a prima facie case.
- Scope: The inquiry under Section 209 focuses on establishing a prima facie case and ensuring that cases that fall under the exclusive jurisdiction of the Court of Sessions are transferred for a full trial.
Section 323 CrPC – Commitment of Cases to the Court of Sessions When Inquiry or Trial Cannot Be Concluded in the Magistrate’s Court:
- Nature of Cases: Section 323 applies to cases where the inquiry or trial has already commenced in a magistrate’s court, but the magistrate believes that the case should be transferred to a Sessions Court because it is beyond the scope of the magistrate’s jurisdiction.
- Procedure: In the case of Section 323, the magistrate, after the commencement of the trial, realizes that the case involves complex legal issues, or there are reasons to believe that it cannot be concluded in the magistrate’s court. In such cases, the magistrate commits the case to the Court of Sessions.
- Scope: Section 323 is used when the magistrate determines that the trial should be transferred to a Sessions Court due to factors such as complexity or the gravity of the offense.
In summary, while both Section 209 and Section 323 deal with the transfer of cases to the Court of Sessions, Section 209 is used for cases exclusively triable by the Sessions Court from the outset, whereas Section 323 is employed when the inquiry or trial has already commenced in a magistrate’s court, but it becomes evident that the case should be transferred to the Sessions Court due to complexity or other reasons e.g. punishment should be given severe.
