CASES REGISTERED UNDER
SECTION 174 Cr. P.C. (Criminal Procedure Code)
Section 174 : In all cases where information is
received by Police Officer in charge of a Police Station that a person has
committed suicide or has been killed by another or by an animal or by an
accident or died under circumstances raising a reasonable suspicion that some
person has committed an offence, the officer in charge of the Police Station
having jurisdiction shall make an investigation u/s 174 (1) in the presence
of two or more respectable inhabitants of the locality and forward his report
under sub section (2) to the District Magistrate or Sub-Divisional
In case of any suspicious
death, the Station House Officer will register a case under section
174 Cr. P.C. and prepare a First Information Report (F.I.R), and submit the
same to the MRO within 24 hours. The FIR will contain the details of
complaint. After FIR is prepared, the
MRO and the Station House Officer will conduct Panchanama on the dead body
and then the Station House Officer will send the dead body for post marten
examination by a doctor. On the
receipt of PME report and verification of facts, the SHO will submit a final
report to the M.R.O. under the section 173 Cr. P.C. that is called as charge
sheet. If the information provided in
the final report is satisfactory, the MRO will accept the case and close the
file, otherwise, order for further inquiry or refer to the Judicial
This information has to be
kept permanently in the MR Office. This information is required for
submitting to the government the section cases booked during a particular
year or over a period of time.
Sec.176 Under Sub-section (1) of this section, any
Executive Magistrate specially empowered may hold an inquiry into the cause
of death either instead of or in addition to the investigation held by a
Police Officer u/s 174. If any person dies while in the custody of Police,
when the case is of the nature referred to in clause (i) or clause (ii) of
section (3) of sec.174 and if he does so, he shall have
all powers for holding an enquiry into an offence.
Under sub-section (3) of the section, he can cause the
dead body to be disinterred or exhumed in order to discover the cause of
death. While doing so, he shall wherever practicable inform the relatives of
the deceased, whose addresses are known and shall allow them to remain
present at the enquiry.
Criminal Justice in Agency Areas :
In scheduled tracks of Andhra Pradesh there is no separation
of judiciary and executive as such the Executive Officers have the judicial
functions to perform. In these Agency areas, for the time being the
Cr.P.C.1898 (Old Cr.P.C.) is in vogue. All the Mandal Revenue Officers
exercising the judicial functions in agency areas are 2nd class Magistrates.
The powers of the Magistrate of 2nd class is indicated
under Schedule III, II of Cr.P.C.1898. With regard to competence of
Magistrates of 2nd class to try offences, Schedules II of Cr.P.C.1898 is to
be looked into with reference to Column 8. Such are the offences triable by
Magistrate indicated in Col 8 of Schedule II are to be tried by the Mandal
Revenue Officers in the capacity of 2nd class Magistrates in Agency areas.
The Courts of Magistrates may pass the following
(Section 32 of Cr.P.C.1898)
of Presidency Magistrate and or Magistrates of Ist order.
for a term not exceeding two years, including such solitary confinement as
is authorised by Law. Fine not exceeding two thousand rupees.
Courts of Magistrates of the Second order.
for a term not exceeding Six months, including such solitary confinements
as is authorised by Law. Fine not exceeding Five Hundred Rupees.
The Mandal Revenue Officers in
Agency as Executive Magistrates cannot invoke powers U/s. 107, 108, 109, 145
& 146 of the Cr.P.C. But they can exercise powers U/s. 144 Cr.P.C.
SUMMONS CASES AND WARRANT CASES
Summons Case : means a case relating to an offence and
not being a warrant case.
Warrant Case : means a case relating to an offence
punishable with death, imprisonment for life or imprisonment for a term
exceeding one year.
Trail : In trail of cases, there are 3 procedures viz.,
Summary Trial : In summary trial, it is sufficient to
record the substance of evidence and may dispense with the examination of the
accused u/s 342 Cr.P.C. (Section 260 Cr.P.C. 1898 under Chapter XXII).
Summons Trial : Procedure for Summons trial is given
under Chapter XX of the Code of Section 241 to 250 Cr.P.C.1898.
When 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 if he has any cause to show why he should not
be convicted; but it shall not be necessary to frame a formal charge.
Warrant Cases : (Chapter XXI of the Code Section 251 to
Procedure U/s 251, Cr.P.C.1898 is deals with private
complaints and it is known as private warrant procedure. In this procedure,
on the evidence produced, the Magistrate frames a charge under the
appropriate provisions of law. The accused has a right to cross examine the
witnesses before charge or after charge. The accused can waive the right of
further cross-examination after the charge.
U/s 251 of the Code, the procedure to be adopted in
cases instituted on Police report is given. Since prosecution Agency investigates
the case, on examination of the accused, charge is framed based on the record
The difference between procedure U/s 251 and 251-A is
only that of relating to framing of charge under both sections, opportunity
has to be given to both the sides to argue for discharge.
COMMITTAL PROCEEDINGS (CHAPTER XVIII)
Under Chapter XVIII, old Cr.P.C. procedure of inquiry
into cases triable by the court of Sessions or High Court is indicated. Here
also, the proceedings can be started either on private complaint or on a
U/s. 207-A of the Code, after report is filed U/s 173
Cr.P.C. by a police officer, the accused is supplied with document and the
prosecution examines witnesses to the occurrence to establish prima-facie
case against the accused. Based on the material available and on hearing both
sides, Charges are to be framed either under one head or under two or more
heads under Schedule V in forms XXVIII (1) and (2) respectively. The accused
are to be supplied with copy of Charge under seal and signature of the
Magistrate. On being satisfied that a prima-facie case is made out, the
Magistrate has to commit the accused for trial to the Court of Sessions to
take the trial. The Magistrate has to commit the accused for trial subject to
provisions of the court regarding the taking of bail, warrant to custody as
laid down u/s. 207-A (16). A committal order is to be passed bringing out the
brief history of the case, evidence adduced before him and the fact of
considering both the evidence and record. It shall also contain the stages of
the enquiry like supply of documents, framing of charges etc. The Magistrate
has to ascertain from the accused during his examination whether he is
competent to defend him self or "Legal Aid" to be provided. He
should also ascertain whether the accused has any defense and the particulars
of the witnesses if stated or inform the accused that he can furnish the
information before the Sessions Court. The Magistrate should not give any
findings on the facts since it is only an enquiry at committal stage.
Only with the committal of the accused by a Magistrate,
the Sessions Court will have the jurisdiction to try the accused. This
procedure is envisaged to save the valuable time of the Sessions Court and
Compoundable Offences :
Certain offences under I.P.C. are compoundable U/s 345
Cr.P.C. (Old Cr.P.C.). Those offences indicated U/s 345 (1) Cr.P.C.
can be compounded with out the permission of the court by the persons
indicated in the sub-section. The other offences covered under Section
345(2) Cr.P.C. of the Code are to be compounded with the permission
of the court by the persons indicated in sub-sections.
will be produced for remand before a Magistrate, if the police cannot
complete investigation within 24 hours as laid down U/s 167 Cr.P.C.
along with remand report. When the accused is produced, it is the duty
of the Magistrate to question him whether he was subjected to any harassment
by the police before granting remand. The period of remand should not
exceed 15 days.
procedure for granting bails is indicated in Chapter XXXIX of the Code.
Section 496 Cr.P.C. deals with bailable offences and Section 447 Cr.P.C.
deals with non-bailable offences.
In bailable offences, on arrest, even police officer can
grant bail. In bails U/s 497 Cr.P.C. of the Code, the opinion of prosecution
if any is to be heard by giving a notice either to the prosecutor
or the Station House Officer concerned. A bail may be granted with or
without sureties subject to the satisfaction of the Magistrate about
the attendance of the accused before him for subsequent proceedings.
In non-bailable cases, it is discretion of the Magistrate. In bailable
cases, it is a right of the accused. Discretion is to be exercised judiciously
as liberty of the individual is a constitutional right. The bail conditions
if any should not be improper in relation to status and means of the
accused. When bail is granted with conditions that cannot be fulfilled,
it tantamount to denying the bail. Even in P.R.C. cases, the Magistrate
can exercise his discretion in granting the bail, if offence is not
objectionable with death or imprisonment for life but as a matter of
prudence, it is left to the discretion of the Sessions Court.
M.R.O's in Agency areas shall also function as Judicial
Magistrates exercising II class powers. They can discharge the functions of
a II class Magistrate. They can entertain and try the cases under sections
135 to 147, 153 to 160, 165, 170,172 to 180, 182 to 190, 202, 203, 206, 217,
225B, 254, 262, 264 to 280, 282 to 291, 294, 294A, 295 to 298, 309, 323, 334
to 347, 352 to 358, 379 to 381, 384, 385, 403 to 406, 408, 414, 417, 418, 421
to 432, 434, 45 to 454, 456, 457, 461, 462, 482, 483, 486 to 489, 491, 498,
504, 508, 510 and 511 of Indian Penal Code.
The cases u/s's 302,307,333,395,436 and other sections
or be tried in Sessions Court, have to be taken on file, the witnesses
examined after framing charges and the case to be committed to Sessions if
there is a primafacie case and a decision sent to the sessions court within
five days from the date of decision.
Note : The court of a llnd Class Magistrate may pass a
sentence of imprisonment not exceeding a term of one year or fine not
exceeding a sum of Rs.1000/- or both, subject to the provisions of the I.P.C.
In every case, there are three factors to be taken into
consideration for determining the appropriate punishment.
ii) Magnitude of the Offence : and
iii) Character of the accused.
Award of sentence is a discretion of the judge which
cannot be capricious or arbitrary.
In default of payment of fine, the Magistrate is
competent to inflict 1/4th of the term of imprisonment, which he is competent
to inflict, as punishment for the offence, in addition to the substantive
sentence of imprisonment.
Benefit of doubt must always go in favour of the
accused. Doctrine of mensrea should invariably be considered and assessed.