 Good evening, friends. And after quite a lot of time, we have with us Mr. Dr. Venkat Sudarshan, who is a retired principal district and session judge Bangalore. And amongst us, we have taken with us many sessions. Today's case is instituted otherwise than on police report procedure. Mr. Sudarshan, Venkat Sudarshan is a resource person in the Karnataka judicial academy. And we have already taken sessions with him, which will, as usual, well received from our audience. We expect the same today because he speaks in a very elucidated manner. Over to you, sir. Thank you very much, Mr. Vikas sir. Good evening to all and all at the outset. I thank Mr. Vikas Chaturth for providing me this opportunity of sharing this platform with you in this beautiful morning, evening to share my few thoughts on the important branch of the criminal procedure code, which is titled as cases instituted otherwise than on police report and the procedure to be followed. This is one of the important branch of the code of criminal procedure. Before actually discussing proceeding to discuss on the subject, let us see the fundamentals of it. At the outset, I would like to say that I am not an expert in the subject, nor am I a good speaker. And whatever that I am sharing my thoughts today, it is only keeping in mind the young advocates, the junior advocates, and also the young judicial officers who are all watching this if any, keeping them as a target audience. I am proceeding to share my few thoughts on this important branch of the criminal procedure code. We all know that the law is there are two types of laws. One is the substantive substantive law and another one is the procedural law. A substantive law is that branch of law, which creates, defines, regulates the rights and duties of the parties. A procedural law, on the other hand, is that branch of the law, which tells you about the methodology or the procedure or the machinery through which one can protect his rights and request the court to direct the wrongdoer from abstaining from doing an illegal act or from performing a particular act which he is bound to do. This is, this can well be understood if you read the judgment of the Honorable Supreme Court reporting AR 2001 Supreme Court page 626. When you come to the question of substantive law, there are a number of such enactments like transfer of property act, negotiation instruments act, contract act, specifically fact, so on and so forth. When you come on the criminal side, you have Indian penal code and all other penal laws. They are all substantive laws. When you come to the procedural laws, there are two types of laws. One is the code of civil procedure, which deals with the procedure to be adopted in respect of civil cases. And another one is the criminal procedure code, which deals with the aspect relating to the criminal cases. It is my humble view and I hope all of you will also agree that an advocate who is practicing on a criminal side and a judicial officer who is presiding over a criminal court must be very well conversant with the provisions of the procedural law. In the absence of a fair knowledge of the procedural law, neither an advocate practicing on criminal side nor a judicial officer presiding over a criminal court will be able to discharge his duties properly. Therefore, the fair knowledge of the criminal procedure code is very much important. Apart from this, each state will have formulated its own rules of practice, that is criminal rules of practice, drawing power under Article 227 of the Constitution of India. Likewise in Karnataka, because I am from Karnataka, I am speaking only about Karnataka state. Likewise in Karnataka, we have Karnataka criminal rules of practice, framed by the Honorable High Court of Karnataka with the approval of the previous approval of the Governor of Karnataka. Likewise, every state in the country will have its own criminal rules of practice named after the respective states. So the fair knowledge of the criminal rules of practice is also very much essential in addition to the criminal procedure code in order to have an effective practice as an advocate on criminal side. Now the present topic of the day is with regard to the criminal procedure code. As we all know that prior to India became independent, there was a criminal procedure code of 1898. After independence, the old act has been repealed by Act 2 of 1974, that is criminal procedure code of 1974, 1973, which is holding the field even today. This code has underwent a lot of amendments from time to time to suit the need of the hour as many as 20 amendments have been done to this particular code right from the year of 1974 till 2019. Therefore, it is expected that a lawyer practicing on a criminal side and a judicial officer presiding over the criminal code must keep himself abreast with the latest amendments to the code in order to put it into effective practice and become a successful man. This is one important thing which I would like to say before commencing the topic of the day. The topic of the day being the cases instituted otherwise than on police report. We all know that a criminal code get criminal cases from two sources. One is the cases instituted on police report. Another source is cases instituted otherwise than on police report. I am not discussing about the cases instituted on police report. Today, we are only discussing about the cases instituted otherwise than on police report and the procedure to be followed. Before directly proceeding to the topic of the day, it is necessary for us to know the definitions of some of the words and phrases which are used in the criminal procedure code for better understanding of the chapter. For that matter, any enactment which we want to read before reading an enactment, we must go through the definition column in addition to reading the preamble. When we come to the code of criminal procedure, so far as the definition chapter part is concerned, it is under section 2. Section 2 subsection n defines offence. What is an offence? It is very much necessary for us to know the meaning and definition of the word offence because we are practicing on criminal side. Always we have to know whether a particular act or omission is an offence or not. Section 2 n of the code defines offence as any act or omission, any act or omission which has been made punishable under any law for the time being enforced is called as an offence. So, there should be an act which is forbidden by law. There should be an omission to do a particular act which is also forbidden by law. Not only it is merely forbidden, but also it is punishable under the relevant law. It could be either under Indian penal code or under any other penal law. So, offence means any act or omission which has been made punishable under any law for the time being enforced. Offence has been broadly classified into two. Cognizable offence and a non-cognizable offence. A cognizable offence is one which is shown as cognizable in the schedule appended to the code of criminal procedure in which a police officer can arrest a person without a warrant. All of you have seen the criminal procedure code. There are about 484 sections. After the section part is over, there is a schedule, schedule number one and schedule number two. In the first schedule, you have six columns. Column number one deals with the relevant sections of the Indian penal code. Column number two gives description of the offence. Column number three provides for punishment prescribed for the particular offence. Column number four, whether the offence is cognizable or non-cognizable. Column number five, whether the offence is bailable or non-bailable. Column number six, which court is the competent court to try that particular offence. I hope all of you are quite aware of this. So when you go to the definition of a cognizable offence, what the court says is cognizable offence is that offence which has been shown as cognizable in the schedule appended to the Indian penal code. The first schedule has got two parts, part A and part B. Part A deals with offences under Indian penal code. Part B deals with offences under other laws. So in this schedule number one, in column number four, if the offence is shown as cognizable, that is called as a cognizable offence, and a person who is committing such an offence can be arrested by a police officer without there being an order from the court. So he need not have to wait for an order from the court to arrest a person. So a person committing a cognizable offence can be arrested by a police officer without warrant. So non-cognizable offence is one which is again shown as non-cognizable. And a police officer cannot either investigate into the matter without the permission of the magistrate or arrest a person. This is one type of classification so far as the offence is concerned. There is another type of classification on the basis of its available nature. Offences are classified into available offence and non-ailable offence. A bailable offence is one in which a person who is accused of a bailable offence is entitled for bail as a matter of right. So in case of bailable offence, if the person who has been arrested or detained or produced or appears before the court and if he is ready to offer bail, the court shall grant him a bail. So he is entitled for bail as a matter of right. But whereas in case of a non-bailable offence, it is not so. A person who is committing a non-bailable offence, if he is arrested or detained or brought before the court or appeals or surrenders, then if he moves a bail application, whether to grant bail or not to grant bail, he is within the judicial discretion of the magistrate court. He is within the judicial discretion of the court. So it is for the court having regard to the nature of the offence, manner in which it has been committed and the antecedents of the accused, propensity of the accused, gravity of the offence, magnitude of the offence, keeping all these aspects into consideration, the court will decide whether such accused person is entitled for bail or not. So this is a second type of classification of the offence, bailable offence and non-bailable offence. There is one more classification on the basis of the nature of the trial. Summoned trial and warrant trial. Warrant trial means where the offence alleged against the accused is punishable with the death, life imprisonment, or imprisonment for any term exceeding two years is called as a warrant trial procedure. Once again I repeat warrant trial means offences which are punishable with the death, life imprisonment, or imprisonment for any term exceeding two years will have to be tried in a one minute. There is some problem, one minute. Yes, shall I continue? Just keep the mobile or the thing in the landscape mode. Other way around. Yes, sir. Is it okay? Yes, sir. Slightly down. Yeah, now it's fine. Just I am connecting to mobile. Yes, sir. My laptop is also getting ready. The moment the laptop gets ready, I will switch on to that. So your face is not visible. Yes. Now can you see me? Yes. So sorry, sorry for the inconvenience. So we can start off. Yes, man. I'm getting connected to the laptop itself. Just one minute. Yes. Yes. Yes, sir. Can you hear me? Yes. So the offence has been defined as an agitation. We will have to log out from the mobile or mute the mobile. Yes. Yes, sir. The word offence has been defined as any act of omission, which has been made punishable under any law for the time being in force. And offense is classified into two categories. One is cognizable and non-cognizable. A cognizable offence is one which is shown as cognizable in the schedule appended to the court of criminal procedure where a police officer can arrest a person committing a cognizable offence without a warrant. A non-cognizable offence is one which is again shown as non-cognizable in the schedule appended to the criminal procedure court and where a police officer cannot investigate into non-cognizable offence without an order from the magistrate and a person cannot be arrested. Again, offence is classified into two. One is bailable. Another one is non-bailable. A bailable offence is one which is again shown as bailable where the accused is entitled for bail as a matter of fact. A non-bailable offence is one in which the whether to grant bail to the accused committing a non-bailable offence or not is within the discretion of the court. So the court will have to exercise judiciary discretion, keeping in mind the nature of the offence, the manner in which it has been committed, propensity of the accused, gravity of the offence, magnitude of the offence and the manner in which it has been committed and the social impact on that. All these factors will have to be kept in mind by the court before granting a bail to an accused, to a person who is accused of commission of a non-bailable offence. Again, the offence is classified into two that is on the basis of a summons trial or a warrant trial. The warrant trial is one where a person is accused of an offence punishable with death, life imprisonment or imprisonment exceeding two years. And the summons trial procedure is one where the person who is accused of an offence is punishable up to two years of imprisonment. So this is how the world offence will have to be understood wherever it occurs in the court of criminal procedure or in any other penal law. The second definition is with regard to the world complaint. Colloquially, we say that we have been to the police station and not did a complaint. Strictly speaking, as per law, it is not a complaint. It is only an information given to the police about a commission of a offence. Even though it is in writing given by us, it cannot be considered as a complaint according to law. It will be only an information given to a police officer about the commission of a offence. Then what is complaint according to the court of criminal procedure? Section 2D of the criminal procedure code defines complaint as any allegation made either morally or in writing to a magistrate with the view of he taking action against a person known or unknown for the offence committed. Once again, I repeat, complaint means any allegation made either morally or in writing. To a magistrate, not to the police, to a magistrate, the purpose of giving complaint is with the view of magistrate taking action against a person known or unknown. I may not be knowing who has committed an offence, but the offence has been committed. So when an offence is committed, a complaint is not known or unknown for the offence committed. The definition of the offence we have already seen. So whenever an allegation is made either morally or in writing to a magistrate with an object of drawing the attention of the magistrate to the particular offence being committed and requesting him to take action against a person. If I know the name of the person who has committed the offence or an unknown person for the offence committed. This is how the weather complaint has to be understood by reading section 2D of the criminal procedure code. There is one more explanation added to the criminal section 2D. Supposing let us say that a police officer who registered a case, who registered a case, it's a cognizable offence. During the course of investigation and after completing the investigation, he comes to know that it is a non-cognizable offence. And he submits a report to the magistrate of the commission of a non-cognizable offence. The police officer, as I have already told, has no power to investigate into a non-cognizable offence. There was no permission granted under circumstances when a report is submitted by the police officer with regard to the commission of a non-cognizable offence. That will have to be considered as a complaint and not a police report. And the police officer submitted in such a report will be considered, will be called as a complainant. So this also comes within the definition of the word complainant under section 2D. Then the third definition is investigation. Investigation means collection of evidence by a police officer, all of us know. Every offense, the initiation of the commences with the registration of an FIR, then the police officer will start conducting the investigation under section 156, 157, 158, record statements of witnesses under section 161 and 162 and take all further steps in the course of investigation. And all those steps which are taken by him for the purpose of collecting evidence till the submission of a final report is called as investigation. There is one more sentence used, collection of evidence by a police officer or by any person other than a magistrate, by any person other than a police officer, authorized by the magistrate. So if the magistrate authorizes a person to investigate into an offense, not a police officer. And that person, if he investigates and collects evidence, that also becomes a part, that also comes within the definition of the word investigation. Then the next definition is the police report. As I have already told you, every offense, the initiation of the register by commences from initiation of the registration of the FIR. Then police officer investigating into the matter and finally submitting a report to the court under section 173 subsection to CRPC. So that report is called as a police report. That report is called as a police report. Then we have one more definition which has been added to the criminal procedure code that is section 2W, victim. Who is a victim? This has been subsequently added to the criminal procedure code by 2009 amendment. Victim means, victim means a person who suffered a loss or injury caused by reason of the act or omission of the accused. Act or omission of the accused made punishable under any law for the time being enforced is an offense. So an account of an offense committed by a person, if another person suffers any loss or injury, that person is called as a victim. And if that person who has suffered loss is a minor, then his guardians will be called as victims. Supposing the person on whom the offense is committed is dead, his legal representatives will be called as victim. This is how the world of victim will have to be understood by reading section subsection WA of the criminal procedure. So according to me, these are the important section of the words and phrases which are to be understood while reading the entire code of criminal procedure. There is one general definition at the end of the definition class which says the words and phrases which are not defined in this code will have the same meaning as they have been assigned in the Indian Penal Code. There may be certain words and phrases which are used in this code of criminal procedure for which there is no definition found in the definition column. For then we have to go to Indian Penal Code and find out the definition given to that particular word in the Indian Penal Code and take only that definition into consideration. For example, public servant. The word public servant is not defined in the code of criminal procedure. But if you go to section 21 of the Indian Penal Code, you find the definition of a word public servant. So that is what the criminal procedure code means as a last definition found in the code of criminal procedure. Now, after having understood the important words which are defined in section two of the criminal procedure, the next aspect to be understood at the fundamental aspect is section four. Section four is very important because it speaks about the application of the code of criminal procedure. It contains two subsections. Subsection one says all investigation, inquiry and trial in respect of the offenses and the Indian Penal Code will have to be conducted only in accordance with the code of criminal procedure. So there is no other procedural code except the criminal procedure code to be followed. If the offenses aren't against a person or under any of the sections of the Indian Penal Code of 1860, then the investigation by a police officer, the inquiry and trial by a criminal code will have to be conducted only in accordance with the code of criminal procedure, not in accordance with any other code or any other law. This is the subsection one of section four. Subsection two says there is not only Indian Penal Code which is a penal law. There are various other penal laws like Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substance Act, Protection of Children from Sexual Offences Act, Schedule Cache and Schedule Trial Prevention of Atrocities Act. Like that, there is this endless. There are a number of enactment pre-penal laws. They are all called as other laws, excise act, police act. There are various other laws in respect of other laws. If the IPC is concerned, CRPC has to be followed. In respect of other laws, subsection two says that even in respect of other laws, the investigation, inquiry and trial will have to be conducted according to the code of criminal procedure. However, if the special enactment under which the accused is going to be charged contains a procedure which is different from the one prescribed in the mentioned in the code of criminal procedure. Then the procedure mentioned in the special enactment will have to be followed and not the procedure in the criminal procedure code. Supposing a person is charged for an offense under other laws, not under IPC, under other laws, then also investigation has to be conducted in accordance with the provisions of the criminal procedure code only. But there is a rider which says, however, if such special enactment contains a procedure which is different from the procedure prescribed in the code of criminal procedure code, then the procedure mentioned in the special enactment will have to be followed. This is one another important aspect which has to be noted because the special provision must always prevail over the general code. This is the law. This is stated in AIR 1985 Supreme Court, page 709. Where the special law investigates special procedure for manner or place of investigation, the provisions thereof must prevail over the code. This is what is observed in AIR 2004 Supreme Court, page 481. So when we are reading code of criminal procedure, we have to keep in mind section 4 of the code to understand its scope and importance. Now we have seen the definitions. We have seen the scope and importance in the code of criminal procedure code. We saw this application to the investigation under IPC and other laws. Now, we can directly, I think, come to the subject. Cases instituted otherwise than on police reports. First, I draw the attention to section 200 CRPC. Section 200 CRPC, the beginning words, goes like this. A magistrate taking cognizance of an offense on complaint. I will stop there. A magistrate taking cognizance of an offense on complaint. So what is complaint? We have already seen. A complaint is a litigation made either worldly or in writing to a magistrate with the view of he taking action against a person known or unknown for the offense committed. So a complaint is a file before a magistrate. Magistrate is expected to take cognizance. Now the question is, what do you mean by cognizance? What do you mean by taking cognizance? So before reading section 200, we have to understand that part of the code. Then only we will be able to understand section 200. So for understanding that part of the definition of the word cognizance, we must go to section 190 CRPC, 190. Section 190 CRPC is the first section in chapter 14. The caption is conditions required for initiation of proceedings. This particular chapter will have to be understood thoroughly. Then only we will be able to understand the entire code of criminal procedure, including the cases instituted on police report. Now what does section 196? 190 contains two subsections, subsection one and subsection two. Subsection one says, any judicial magistrate first lasts or judicial magistrate second will ask if he is specially empowered. Look at the writer. So a judicial magistrate second class cannot on his own take cognizance of an offense unless he has been specifically empowered. Empowered by whom? Please go to subsection two. Subsection two says, the chief judicial magistrate may empower any judicial magistrate second class to take cognizance. So unless a judicial magistrate second class has been empowered by the chief judicial magistrate, thus judicial magistrate second class has no power to take cognizance of an offense. But a judicial magistrate first last has got power to take cognizance under this act on his own. So any magistrate first last taking cognizance may take cognizance under any of the following three circumstances. A, B, C. A says upon receiving a complaint of facts which constitute such an offense. I am emphasizing on the word which constitutes such an offense. The word offense is used. So mere presentation of a complaint is not sufficient. The complaint must contain an averment which reading of which should show that an offense has been committed. Offense as defined in section two N has been committed. That's why I told you the beginning itself. Unless we know the definition column properly, we will not be able to understand the code properly. So upon receiving a complaint of facts which constitutes such offense, meaning thereby you will complain. The complaint which you are going to submit before the magistrate must contain all the necessary averments which if read should show that an offense has been committed. To put it in other words, if you want to file a complaint under a particular penal section of the Indian penal code or under any of the penal laws, we must take care to see that all the ingredients of that section are incorporated in the complaint, the reading of which must make the magistrate to come to the conclusion at that stage that an offense has been committed. That is the meaning of the word according to my little knowledge that upon receiving a complaint, facts which constitute such an offense. If the complaint does not disclose those averments, then such complaint will not be entertained by the magistrate at all. So this is the first source. So a magistrate can take cognizance of an offense upon a complaint submitted before him which contains facts that constitutes an offense. Number one. Number two, upon police report of such facts. I have already said what is a police report. Police report is a report that is submitted into section 173 subsection 2 CRPC by the police after completing the investigation. So when a police report is submitted, that is for example, let us say charge sheet. Charge sheet is a police report. So when the police submit a charge sheet on the basis of the charge sheet, the magistrate can take cognizance, may take cognizance. See, this is important. Upon information received from a source other than the police, a magistrate will get information from a source other than the police. Then also the magistrate can take cognizance. Or upon his own knowledge that such an offense has been committed. If the magistrate on his own come to know that an offense has been committed. Then also the magistrate can take cognizance. So these are the three circumstances under which a magistrate can take cognizance. Number one, upon the receipt of a complaint containing facts that constitutes an offense. Number two, on the submission of a police report. Number three, upon getting information from a source other than the police about the commission of an offense. Or upon his own knowledge that an offense has been committed. So these are the three circumstances under which a magistrate can take cognizance. I will just read two or three sections more in order to understand better the topic of the day. Section 192 says a magistrate taking cognizance of an offense under section 190 subsection 1 clause C. What is class C? On the information received from the magistrate from a source other than the police or upon his own knowledge. So when I as a magistrate gets knowledge that an offense has been committed. And if I take this sumoto action I will be almost in the place of a complainant. So the person against whom I am taking cognizance may not have confidence on me because it is me who has taken cognizance against him. So he may find that he may not get justice because it is me only who is the complainant. Therefore section 192 says in such a situation the magistrate should give option to the accused. Whether he wants the case to be conducted before my court only or it should be transferred to any other court. See this is what we call it as a fair trial procedure. Because one of the principles of natural justice is a person cannot be a judge in his own case. When I as a magistrate upon the knowledge taken cognizance by myself against a person committing an offense. And if I try the case it is against the principles of natural justice because I cannot be a judge in my own case. I may be having bias, rigidized. Therefore I have to give an option to the accused. Look here I have taken cognizance against you for the offense committed. You want this case to be tried by me or shall I transfer this to some other court? It is up to the accused. Accused may say no sir I have confidence on this court. Let not this case be transferred to any other court. Let the case be conducted here itself. Or the accused may say no sir please kindly transfer it to some other court. Then the magistrate has to transfer the case to some other court. This is section 191. Then section 192 says a cheap judicial magistrate taking cognizance of cognizance may after taking cognizance make over the case to any other magistrate subordinate to him. And subsection 2 says any magistrate first class who has been empowered to take cognizance may also take cognizance and make over the case to some other court. This is what section 192 says. Then section 193 very important section. Section 193 says except as otherwise provided in this court expressly provided in this court or by any law for the time being enforced. No cognizance can be taken by a session judge as a court of original jurisdiction. As a court of original jurisdiction unless the case is committed. What does it mean? If you go through the provisions of the if you go through the schedule which is appended to the criminal procedure court. The last column column number 6 shows you the course which are competent to try the case try the offenses respective offenses. There are number of offenses which are tribal only by the sessions court. Only by the sessions court. So the sessions court. Such offenses the sessions court cannot take cognizance as a court of original jurisdiction. That means it unless the case is committed. To the sessions court by the magistrate court under section 209 CRP say the sessions court will have no jurisdiction as a court of original jurisdiction. That is why all all FIS are filed before the magistrate even in respect of the offenses which are tribal exclusively by the court of sessions. Until the submission of the charge sheet all the entire procedure will take place only before the magistrate court. And once the charge sheet is submitted then the magistrate will commit the case to the sessions court. And it is only then the sessions court will have power to take cognizance and proceed with the trial of the case. But beginning wells of section 193 says except as otherwise provided in this expressly provided in this court or any law for the time being enforced. What does it mean? It means that if anywhere in this court if it is mentioned that the sessions court can take cognizance directly as a court of original jurisdiction it can take it. Or if any law provides for the magistrations court to take cognizance directly it can take it. To understand this section we may have to go to section 199 subsection 2 CRPC. Section 199 subsection 2 CRPC says that notwithstanding anything contained in the court. So none of state a class when any offense alleged under chapter 21 of the Indian penal code that is defamation is alleged to have been committed as a person against whom. At the time of such commission is the president of India or the vice president or the minister of the state or the center or any person connected with the affairs of the state. Then the public prosecutor will have to file a complaint before the session score and the session score can directly take cognizance and it need not be filed before the magistrate. So this is the meaning of saying except as otherwise expressly provided in this court. Second part are under any law for the time being enforced. For example, you take schedule cash and schedule prevention of atrocities. There is a provision which says that your special court, which is normally a sessions court, which has been constituted under this act can take cognizance without the case being committed. There is a provision. Even in the prevention of corruption act, a similar provision you find. So those are the special enactments where the sessions court, which is constituted as a special court under that particular enactment can take cognizance directly without being committed by the magistrate. So such cases will not go to the magistrate court at all. They will directly come to the sessions court right from the stage of finding appeal. So this is how according to my little knowledge section 193 will have to be understood. Now I do not want to go further on this topic. I will stop at this. So we have understood what do you mean by taking cognizance? Sorry, when a magistrate can take cognizance and what is section 192? What is section 191 and 192? With this knowledge in mind, now we will go to section 200. Section 200 is the first section in chapter 15. Complains to magistrate. Look at the heading. Complains to magistrate. So definition of the word complaint. Any allegation made either morally or in writing to a magistrate, not to the police, to a magistrate with a view of he taking action against a person. No, not unknown. Now we will read section 200. A magistrate taking cognizance of an offense. On complaint shall examine upon both the complainant and the witness present. If any and the substance of such examination shall be reduced into writing and shall be signed by the complainant and the witnesses and also the magistrate. What does it mean? When a complaint is presented before a magistrate. The magistrate on reading the complaint must come to know. It must make out prima facie that an offense has been committed. Who has committed? Whether accused has committed or not, that is a different matter. But an offense has been committed. It is only then that under section 190, subsection 1 plus A, the magistrate taking cognizance. Because there is a complaint containing facts which constitutes an offense. For the purpose of ascertaining whether the accused who has been named in the complaint. Is the person who has committed the offense or not. Some more inquiries required. Therefore section 200 says that the complainant and the witnesses if any shall be examined on both. So if their statement given on both coupled with the documents. Corroborates the statement made in the complaint. Then the court can come to the prima facie conclusion that the governments in the complaint. Showing that the offense has been committed by the accused prima facie true. So therefore the examination of the complainant and witnesses is very much necessary. While we are presenting a complaint under section 200. And it is only between the court and the complainant and the witness, the advocate has no role to play. The complainant should only keep on telling about the facts of the case and the magistrate will record. But magistrate has got power to question the complainant, put questions and get answers for the purpose of unearth in the truth. That is what the Supreme Court has said in one of the judgments. Section 165 of the evidence act can be presented to service by a magistrate. Now, however, such examination of the complainant and witnesses is not necessary. So there is an exception, not in every complaint, not in a not in case of every complaint. The magistrate should banditarily examine the complainant and witnesses. There are certain exceptions when examination of the complainant and witnesses is not necessary, which are those exceptions. Number one, when a complaint is filed by a public servant. Now who is a public servant? Go to section 21 of the Indian Penal Court. When a complaint is filed by a public servant or acting or purporting to act in discharge of his official duties or a court has made the complaint. What do you mean by this? Supposing a complaint is filed under the factories act. The factory inspector will find he is a public servant. A complaint is filed under the, for example, a prohibition of a child marriage act. It is again filed by the inspector, some officer appointed under the act or some minimum wages act or some act where there is a penal provision. So when a complaint is filed by a public servant, then examination of the complainant is not necessary. You can straight away register the case if the, if the governments in the complaint discloses the commission of the efforts or when the complaint is made by a court. What do you mean by this? Go to section 195 of this criminal procedure court, which says that the circumstances under which court can lodge a complaint. Subsection one deals with public servant, subsection two deals with public servant. Even in such cases examination of the complaint is not necessary. Then B, if the magistrate makes over the case for inquiry or prior to another magistrate under section 192, we have already seen section 192. What does section 192 says? 192 subsection says where a chief judicial magistrate has taken cognizance after taking cognizance he can make over the case to some other court. Subsection two says even a judicial magistrate first class who is empowered to take cognizance can after taking cognizance makeover. Even in such cases the examination of the complaint is not necessary if such complaint and witnesses have already been examined by the court. This is how according to me section 200 will have to be understood. Now, for the purpose of enabling the court to take cognizance, what are all the precautions that we as advocates will have to take when preparing a complaint. This is very, very important because especially in various cases, number of cases we find that the cognizance will not be taken because of the technical defects. Therefore, what are all the precautions to be taken? First of all, according to me, I have made a list of precautions to be taken while preparing a complaint. Unless these precautions are taken and all those facts are included in the complaint, I don't think that it will enable the magistrate to act under section 190 and 200 CRPC. First of all, you must put the cost title properly. Name of the court, etc., etc., properly. This needs no explanation. And names and addresses of the parties will have to be properly mentioned. Names and addresses of the parties will have to be properly mentioned along with their age because it should be capable of being identified. When you are giving the name and address, it should be so clear, so precise that a person should be capable of being clearly identified. Number three, mention the provision of the section under which you are going to find this complaint or the offense committed and the power that gives you to find the complaint. Red width section 200 CRPC. Red width section 200 CRPC. That is very much important. And if the complaint is to be filed by a public servant, acting or purporting to act in discharge of his official duties, he must, you as an advocate must clearly ascertain the name and designation of the officer who proposed to file the complaint. Number one. Number two, examine and verify the relevant enactment, whether the person who proposes to file a complaint is a competent person to file a complaint or has been duly authorized by the competent person to file a complaint. This is a very, very important aspect. A person who comes to you as an advocate because you are an advocate, a person comes to you calling himself as a public servant and he wants a complaint to be filed. What is the duty that an advocate is expected to do according to me? He is number one, you must clearly ascertain the name and designation of that particular officer. Along with the document if we need to show that he is the person with that name and designation. Number two, whether that person with that name and designation, with that designation is the competent person to file a complaint under the relevant section, under the relevant enactment. We have seen number of enactments where it is mentioned. A court not below the judicial magistrate first class or metropolitan magistrate may take cognizance of an offense on the complaint filed by inspector or an officer not below the rank of. These are the words which are usually found in the enactment. So when a person comes to you, you must ascertain whether that particular person with that particular designation is the competent person to file a complaint or whether that particular person has been authorized by the competent person to file a complaint. This is a very important thing because if that person is not a competent person, entire exercise will become futile. The court will not take cognizance complaint will be dismissed. For the micro understanding of this, I can quote you one of these dead men from the Honorable High Court of Karnataka with party's name I will give you can search it in the website. 2022 part four, KCCR page 3742, BV Bhairi Gowda versus state of Karnataka. This is a case where a complaint was filed by a deputy environmental officer and an assistant environmental officer. There is no mention as to whether they are the competent persons or they have been authorized to be the competent persons. In the relevant enactment that is year and water pollution and kind of regulation and pollution control act. The board has passed a resolution authorizing the chairman or the secretary or any other person that I have just read the very section itself so that this will be understood because this is a very important. Yes complaint was filed, verification was made by DEVO, the Deputy Environment Officer and on examination of the complaint it was found that the person had no authority to file the complaint. Because the Honorable High Court of Karnataka has in the course of the judgment will refer to section 15 and 43 of the consent act. And also say the resolution passed by the board which says that the DEVO that is Deputy Environmental Officer can file a complaint with the approval of the chairman. But the approval of the chairman was not at all obtained a complaint was filed. So therefore the complaint could not be obtained. So therefore this is a very important aspect that we as advocates must bear in mind and also the judicial officers who are dealing with, if at all anybody who is present here that before taking cognizance the court will have to see whether the complaint, there is a public servant who has presented the complaint is a proper competent officer under this particular enactment to file a complaint. And advocate must take care to see that the complainant on whose behalf you are going to file a complaint is a competent person under the act who is a person who is competent under the act to file a complaint. If that competency is not there the complaint itself is not maintainable. So that is cognizance cannot be taken. So this is one important aspect which has to be kept in mind. Then if the complaint has to be filed against a company, this is very important. If the complaint has to be filed against a company, company means a company does not mean only company has defined under the company's act of 1956. Company could mean even a firm association of persons and everybody is called as a company that is the definition of developer company. So if a complaint has to be filed against a company, you have to make company as a party and then all persons who are directly conducted in the affairs of the management of the company. This is what you find in every enactment under a section captioned as offences by company. Supposing you file a complaint only against a managing director. No complaint has to be filed first against a company and then managing director or director or whoever it is. It could be even manager, it could be even secretary, whoever is the person who was in charge of and responsible for the conduct of the business or the affairs of the company or the persons who have to be arranged as the accused. And in the complaint, you must also make a necessary appointment to say about the role played by each of the accused persons in ultimately in the commission of the affairs. If all those things do not find a place in the complaint, then prima facie it will not disclose as to what act is committed by which of the accused so as to constitute the benefits. That is another important aspect which has to be kept in mind. And if the complainant is a company, if you are filing a complaint on behalf of the company, you must find out whether the person who has come to you to file a complaint is the person who is competent to file a complaint under the company and in that particular company. There could be a resolution, there could be a memorandum of association and there could be an article of association where it provides the who is the person who is authorized to file a complaint or prosecuted case or filed a case and all that. All those things will have to be collected because if a complaint is filed by a person who is not competent to file a complaint, complaint itself may not be maintainable. And complain should contain material facts which constitutes an offense. As I have already told you section 119 subsection 1 class A upon receiving a complaint containing facts constituting an offense. If the ingredients of the offense itself are not found in the complaint which constitutes an offense, then how can you expect the court to take cognizance? So therefore the facts which you are narrating in the complaint must disclose that an offense has been committed. Then how much has to be done? Very simple according to me. According to me, you have to read the penal section, you have to read the penal section in respect of which you are going to file a complaint. For example, let us say section 379 IPC. Section 378 IPC defines what theft is. Theft means any person who moves a movable property from the possession of another person without his consent for the purpose of making an offense. So it should be a movable property. It should belong to the complainant and complainant must be in possession of it and the accused must have taken the property away from the possession of the accused without his consent and with the intention of causing loss. These are the ingredients. These ingredients must find a place in the complaint. Otherwise if these facts constituting the offense do not find a place in the complaint, you cannot expect the court to take cognizance. Supposing you are filing a complaint in respect of a check-bounds case, you must strictly adhere to section 138 of the Negotiable Instruments Act. And all the ingredients of section 198 must find a place in the complaint. You must show when the cause of action has arisen. You must tell whether the complaint that is filed is within the period of limitation prescribed under the act. These are the agreements which are to be made in the complaint. And ultimately all the paras in the complaint will have to be verified by the complainant. In fact, in the citation which I have just now referred to, that is honorable like Court of Convertica, one of the important para, I think it is para number 8, was not at all verified by the complaint. Therefore the honorable, so the verification is contrary to law. That is what is observed. He is not proper. He is not correct. So all the paras must be properly verified by the complaint. Next, limitation aspect. Limitation aspect is also one of the important aspect because if you read section 467 of the criminal procedure court, which deals with limitation period for taking cognizance of certain offenses, they are very heading itself says, no court shall take cognizance of an offense after the expiry of the period of limitation. So when you are presenting a complaint, what is the limitation period prescribed? If it is under the special act, if any limitation period is prescribed. If there is no limitation period prescribed under the special act, then what is the limitation period prescribed under the CRP? 467, 468, 469 to 473. All these sections meet some limitation. So you have to apply your mind to find out whether the complaint that you are filing is within the limitation period. If it is not within the period of limitation, you can't expand the court to take cognizance at all because section 467 says that no limitation period is the period prescribed under section 468. 468 says no court shall take cognizance of an offense if it is filed beyond the period of limitation prescribed here and there are three periods of limitations prescribed. So 469 up to 473, all these sections deals with limitation for taking cognizance of certain offenses. So when you want to present a complaint, which starts with the cases instituted otherwise than a police report, you have to keep all these aspects in your mind. Otherwise the complaint will be defective. It may even call for rejection of a complaint at the threshold itself. So this is how section 200 will have to be interpreted according to me. And all the documents should be produced along with the complaint. Now we have seen section 200. So statement of complainant and witnesses will have to be recorded if they are not coming under class A and B of section 200. Section 201, if the complaint is made to a magistrate who is not competent to take cognizance, then the magistrate may, if the complaint is oral, he may refer the complainant to the magistrate. If the complaint is a writing, he may return the complaint for presentation to the proper court. This is almost similar to R-7 rule 10 CPC in case of civil cases. I don't want to discuss much on that. Then we will come to section 202. Section 202 says any magistrate on the receipt of a complaint of an offense of which he is authorized to take cognizance or which has been made over to him under section 192. So they are speaking of section 190 subsection 1 plus A and also section 192 may if he thinks fit and shall in a case where the accused is deciding that a place beyond the area in which he exercises jurisdiction postpone the issue of process against the accused and either inquiring to himself or direct an investigation to be made by a police officer or this is very important or by such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground to proceeding. What does it mean? It means after examining the complainant and the witnesses whom the complainant has produced. If the court is of the opinion of the view that some more materials are required. No doubt the material that is produced at this stage shows that some offense has been committed and some more materials are required. Then the court may direct further investigation by the police. Please don't confuse this investigation with the investigation under section 156-3. That is altogether different. This is different. Don't confuse this investigation by the police with the investigation under section 156-3. I will come to 156-3 later. Or by any other person other than the police. Now you go to the definition of the world investigation. I have already told you what is investigation collection of evidence by a police officer number one or by any person authorized by the magistrate. So it is under section 202 where the magistrate has got power to authorize a person other than a police officer to investigate into the matter. The observance of section 202 is mandatory if the accused is deciding beyond the jurisdiction of the magistrate court. This is so far as section 202 is concerned. That has an exception provided no such direction for investigation shall be given. Where it appears to the magistrate that the offense complained of is liable exclusively by the court of sessions. What does it mean? It means section 202 cannot be presented to service by a magistrate according to me if the complaint discloses an offense which is liable exclusively by the court of sessions. Then what is the duty of a magistrate? Duty of the magistrate is simply to examine the complainant and the witnesses, secure the presence of the accused and commit the case to the session. So this is what section 202 says. Then coming to section 203. Section 203 says where after considering the statements are both of the complainant and the witnesses and the result of the inquiry under section 202 if any. If any, the magistrate finds that there is no sufficient ground for proceeding. Then the magistrate may dismiss the complaint. So complainant is examined, witnesses are examined, inquired section 202 if necessary also has been held and after collecting all these materials. If the magistrate were to come to the conclusion ultimately that there is no sufficient grounds for proceeding then he can dismiss the complaint. This is what section 203 says. Then section 204 very important section. If in the opinion of the magistrate taking cognizance of the offense there are sufficient grounds. If no sufficient grounds proceed into section 203 dismiss the complaint. If there are sufficient grounds proceed into section 204 and issue process and secure the evidence. This is how a private complaint procedure takes place in a magistrate court. I was telling you about section 156. When a complaint is when a complaint under section 200 CRPC is presented before a magistrate. Magistrate has got two options. Number one, he may refer the case to the police for investigation. First of all, the complaint must disclose the facts constituting an offense. Then the magistrate may refer the matter to the police for investigation under section 156 subsection 3CRPC. Instead of taking cognizance, I am using the word instead of taking cognizance, he will not take cognizance. He will simply refer the matter to the police for investigation. He may take cognizance and proceed to examine the complaint and witnesses and proceed into section 203, 204 depending upon the situation and pass appropriate. But here there is one condition. If the magistrate refers the matter to the police for investigation, he has to wait for the report from the police. He cannot take cognizance. If he takes cognizance, he cannot refer the matter to the police for investigation under section 156 CRPC, though he has got power under section 200. These are the important aspects which are to be kept in mind. Now, having understood this much, now the next topic is how the cases instituted otherwise than on police report. That is a private complaint procedure is conducted before the magistrate court. To understand this, we have to go to section 244. So far as the taking of cognizance is concerned, I will refer only two decisions because of want of time and not be able to discuss much on that. You may refer to one decision of the Karnataka High Court reported in 2006 for two Karnataka Law Journal, page 331, the judgment by the Honorable Division Bates, wherein the Honorable High Court of Karnataka has also referred to the Supreme Court judgment, Honorable Supreme Court judgment reported in 2014 criminal law journal page 586. And also 2006 part 5, Karnataka Law Journal page 337 is all again the Supreme Court decision. So referring to these two Supreme Court decisions, the Honorable High Court of Karnataka in 2006 part 2, Karnataka Law Journal 331, a division bench ruling has observed like this. The dictionary meaning of the word cognizance is judicial hearing of the matter. So taking cognizance is not the same as issue and so process. Taking cognizance is not the same as issue and so process. Issue and so process is different. Only if the material collected are sufficient, then only the process will be issued under section 204. But cognizance will be taken when the complainant discloses the facts which constitutes an offense. But before taking cognizance, if the magistrate feels that the matter has to be referred to the police, he will act under section 1563 and refer the matter to the police for investigation. So whether the magistrate refers the matter to the police for investigation or take cognizance, it is up to him and depending upon the facts and circumstances of each case. There are some complaints where the reference to the police for investigation is required. For example, a private complaint is filed where forgery is alleged. Forgery cannot be proved by a private individual. Scientific examination may be required. Therefore, the police investigation is required where the matter will be taken. Samples will be collected. So sample signatures will be collected. Disputent signature will be sent to the scientific examination and a report will be obtained. There may be a case where the accounts will have to be verified to find out whether an offense under section 420 or 419 or 406 has been committed. That also requires a detailed investigation. So it all depends upon the facts and circumstances of each case, whether the case has to be referred to the police for investigation or the magistrate can take cognizance by himself. But mere taking of cognizance does not mean that the process has been issued. For issuing process only, all these exercise will have to be done. That is, recording the statement of a complainant, recording the statement of the witness, proceeding under section 202 if necessary and all the materials. If prime officer discloses that an offense has been committed by the person who is named in the complaint, then the process will be issued. So this is what section, sorry, Honorable High Court says it is during the treatment. And there is one more judgment, one more judgments. They are just to bring it to a notice so that I think that will take care of the. You can refer to, I'm giving one second court judgment. You can refer to that. There you will get number of judgments on the aspect of taking cognizance. 2018 part five, Supreme Court cases page 557. Though it is a case under the Prevention of Corruption Act. There is a reference to series of decisions of the Honorable Supreme Court and other high courts with regard to the act of taking cognizance. This is Manju Manju Surana v. Sunil Arora and others. And you can also refer to 2013 part 10 Supreme Court cases 705. This is Anil Kumar v. MKIEPA. And you can also take one more citation because of positive time. I'm not in a position to read all the judgments. 2011 criminal law general page 1619 Supreme Court regarding phrase taking of cognizance means then you have 2005, 2005 criminal law general page 4524. Where in it is stated, cognizance is taken at the initial stage when the magistrate peruses the complaint with a view to a certain whether the commission of any offenses disclosed. So magistrate when he when he goes through the complaint, first of all, he wants to has to disclose. He has to verify whether the amendments in the complaint disclose disclose any commission of the offense that is taking cognizance. But issuance of process is at a later stage. That is often examples in the complaint and witnesses. Then there is one more judgment 2015 AR Supreme Court page 2757 2757. Then you have 2014 criminal law general page 586 Supreme Court. There are a number of citations or decisions available on this, on this topic of taking cognizance. Now, now let us say, now we are at a stage where a private complaint is filed. Complaint is examined, witnesses are examined and investigation in the section 202 is required has been done. And it is not a criminal case. It is a case traveled by a magistrate only. And it is a warrant trial procedure. How it has to be done. What is the difference? Police report, we know the procedure. Section 237 to 243 is there. Police report, when there is a charge sheet. But when there is a private complaint, when there is a private complaint, a CC case is registered. Summons have been issued to the accused. Accused is before you, as a magistrate. Before you, accused is you are a magistrate and accused is before you. What is the procedure to be on? This you will find in chapter trial of warrant cases. Trial of warrant cases, which comes under chapter 19. Chapter 19 consists of two parts, A and B. A deals with cases instituted on a police report. B deals with cases instituted otherwise than on police report. Section 244 onwards up to section 247. The procedure prescribed therein refers to cases instituted otherwise than on police report. Now, what does section 244 says? Where in any warrant case, warrant case I have already told you. A warrant trial procedure is a procedure where the offense is punishable with the death, life imprisonment or imprisonment exceeding two years. So a case before a magistrate is a warrant trial procedure. Offences alleged on more than two years, punishable with more than two years. What is the procedure? Where in any warrant case, instituted otherwise than on a police report. The accused appears or brought before a court. The magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. So you have issued summons to the accused. Accused as appear, bail application filed. You have considered bail application, whether you have granted or rejected. This is a different matter. All these formalities are over. Now the accused is before a magistrate. How he should proceed? Please have a visualization. At that stage you have only a private complaint, statement of the complainant, statement of the witnesses and the documents produced by the complainant. That's all the material which you have before you. No other material is there. If any report is collected by ordering investigation into section 202, that report will also be there. How to find out whether the accused has committed, whether the charge can be framed against the accused or not? For that section 244 is there. Section 244 says that the moment accused appears and all these bail formalities and everything is over, the court is expected to examine the complainant and the witnesses on both. Record the evidence. Please understand the difference. In section 200, evidence is not used. Statement is used. It is only a statement of the complainant and the witnesses. Here you have to record the evidence of the complainant and witnesses on both. That means when we say evidence, it is to be understood as defined under the Evidence Act. Section 137, 139, 138 of the evidence. So after examining all the complainant and the witnesses, the magistrate may also issue summons to such of the witnesses whom the complainant wants to examine them also. The magistrate also can call for documents from the custody of any person by exercising power under section 9192 CRPC on the application made by the complainant if required. After doing all that, now the magistrate has got evidence recorded before framing charge. Documents available. Markless exhibits before framing charge. Now, on the basis, on perusal of the evidence, both oral and documentary, if the magistrate comes to the conclusion that there is no evidence, even prima facie to believe that the accused has committed an offense and the charges level against him are without any basis. Then the accused make court, the magistrate make this charge the accused. That is what section 245 says. If upon taking all the evidence referred to in section 244, the magistrate considers for the reasons to be recorded in writing. So the magistrate has to pass an order. Recorded in writing that no case against the accused has been made out. If unreputed would warrant conviction, what does it mean? There is evidence of the complainant. There is evidence of the witnesses. Witness or witnesses. And also documents. If this evidence and document is not at all challenged by the accused, for example, then accused is liable to be convicted. If that is the conclusion at which the magistrate reaches, then he can proceed to frame charge. If the magistrate were to come to the conclusion that even if it is unreputed, the material placed do not disclose any offense against the accused. Commissioned by the accused, then the court may discharge the accused. This is what subsection 1 says. Subsection 2, nothing in this section shall be deemed to prevent the magistrate from discharging that is not required. If it is from ground grounders. Then section 246 supposing, let us say the magistrate comes to the conclusion that there are sufficient grounds to proceed further and accused cannot be discharged. Then what the magistrate is expected to do? Then magistrate is expected to frame charge. So the evidence recorded under section 244 is evidence before charge. For the purpose of framing charge. Now the evidence is there. So frame charge, the court has to frame charge. So what is charge? It is from section 211 to 216 of the evidence as CRPC. How to frame a charge? What are all the stages? All those things are mentioned. I am not going to touch upon that. And that charge will have to be framed. And read over to the accused. If the accused pleads guilty. Okay. If you want to proceed into section and relieve the provisions of provision of offenders act, you may proceed. Or if the plea is voluntarily made and the magistrate accepts the guilt, he can be convicted and sentenced. If the accused does not plead guilty or claim to be tried, then the magistrate should call upon the accused to state as to whom or which of the witnesses who have already been examined in section 244. He wants to cross-examine. There are already complainers examined in chief. Witnesses are examined in chief. Now come and tell me who do you want to cross-examine? So the complainant will have to, sorry, accused will have to give a list to the court about the persons whom he wants to cross-examine. And the court will call upon those persons again to the court and tender him for cross, tender him for being cross-examined by the accused. And after the cross examination of those witnesses over, and if any re-examination is also over, then the court will give again an opportunity to the complainant to say as to whom else he wants to examine. And the complainant may take summons to those witnesses also and they will be secured, they will be examined in chief, cross-examined by the accused and then re-examined if necessary and thus the process of evidence will be completed. This is how the magistrate court will have to proceed in respect of cases instituted otherwise than on police support. And after this, now the evidence is over, border and documentary. Now the rest of the things will be same. What is followed in cases instituted on police report after the recording of the evidence is the same procedure which will be followed in respect of the cases instituted otherwise than on police report also. What is it? A recording of statement under section 313 CRPC where the incriminating circumstances appearing in the evidence of the material witnesses will be put to the accused and he will be called upon to answer them. And the statement of the, the statement under section 313 CRPC will be recorded in the usual manner. After recording 313 statement then the accused will be called upon to lead evidence if any on his side. So the accused may examine any number of witnesses who are relevant for the purpose of the case. So the court will permit him to examine. But if the accused himself wants to enter into this box and say that I am ready to, I want to give evidence by myself being an accused in this case. Then the court must insist for a written requisition from him. He must give a memo in writing to the court or an application to the court stating that he is voluntarily willing to give evidence in this case and therefore he may be given permission to give evidence. Why? Why the provision is made accused can examine any number of witnesses without that prohibition. But when he wants, when he himself wants to examine himself and enter the witness box, he must make a written requisition to the court and obtain permission from the court. The reason is the accused has got constitutional protection under article 22 sub article 3, which says that no person who has been accused of an offense can be compelled to give evidence against himself. So you can't, we can't ask the accused to enter into the witness box and give evidence. It is up to him. If he voluntarily wants to enter into the witness box and give evidence, he must give that requisition in writing stating that I am voluntarily willing to come and give evidence kindly permit me. You please read section 315 CRPC. You will find that find this provision there. So on getting, after getting such permission, the accused can enter into the witness box and he can give evidence. So after the completion of the evidence on the complainant side, sorry, on the company cross examination and everything on the complainant side and regarding statement under section 313 CRPC. And also the evidence of the accused accused accused and accused side if any, then the final thing is hearing arguments and passing judgment, holding the accused either guilty or not guilty under section 248 subsection one or subsection two and produce the judgment. This is how the cases instituted otherwise they're not police report will have to pass through the stages before a master. So I think that I have completed almost all provisions relating to that. And if anything has been left out if anybody could tell me I will make an attempt to explain that also. So this is the procedure to be followed. So far as the cases instituted otherwise done on police report is concerned. Now why there is such a distinction. A question may arise. I don't want to give a lecture on that, but I will only refer to one beautiful decision on that aspect as to why there is such a difference. I am drawing your attention to a decision of the Honorable Supreme Court, reported in AIR 2018 Supreme Court, page 140. State of Goa versus Joe's Maria Albert wills. Kindly listen to me. I'm reading only about 10 lines. It is section 244 framing of charge in cases instituted on police report. That is charge sheet. And otherwise. The strikingly distinguishable future that's strikingly distinguishable feature. What is the difference between that and this in the procedure to be adopted for cases instituted in a police report. And those instituted otherwise there in a police report lies in the fact that whereas in the former that is charge sheet case whereas in the former. There is no scope for prosecution to examine any witness at that stage where the magistrate is to consider whether the charges to be framed or not. What does it mean. So let us let us just visualize a case where a charge sheet is filed by the police after completing investigation. We follow the procedure prescribed into section 237 and 238 and 239. What does it say. So where a person who has been accused of an offense tribal is a warrant case is appears are brought before the court. The first thing that the court has to do is furnish him a copy of the charge sheet and all other documents and comply with the provisions of section 207 CRPC. What we do after examine the complaint and the witnesses while issuing process to the accused we have to send a copy of the complaint to the accused along with the list of witnesses and the copies of the documents which he has filed. But there it doesn't happen. So the charge sheet and all the papers with the police have collected during investigation. The copies of the statements recorded by the police during investigation copies of the mahazats prepared copies of the report copies of the inquest copies of the postmark of report. copies of the medical certificate everything will be given to the accused. So every material is available with the accused. That is one mandatory requirement with the magistrate is expected to do. So in a voluntary procedure when the accused appears before the court the first and foremost duty that the court magistrate will have to do is he must furnish the copies of the charge sheet and all other documents to the accused as contemplated in the section 207 CRPC. Then before frame in charge, there is one stage called as that is under section 239, which says that upon consideration of the materials produced by the police. And after hearing the accused underlying the word after hearing the accused, if the court finds that the that the materials placed with placed by the police are groundless. Then the magistrate can discharge the accused. At that stage itself, because already there are materials. There is no need for recording evidence prosecution is going to do only on those materials no other material. If those materials disclose at that stage to the magistrate prime office see that the charges levied on groundless then accused can be discharged. After hearing the accused that is why in a police case there will be a charge called as hearing before charge. In cases instituted otherwise there are police report there is a stage called evidence before charge. So further they have to say what says Supreme Court says there is no scope for prosecution. There is no scope for prosecution to examine any witness. So everything is in the charge sheet at the state where the magistrate is to consider whether the charges to be framed or not. Whereas in cases instituted otherwise than in a police report after the accused appears are brought before the magistrate. The prosecution is required to use all such evidence in support of this case. Whereupon that is on the basis of which whereupon the magistrate may discharge the accused as I have told you under section 245. If there are no reasonable grounds to proceed or discharge the accused. If he is otherwise if he is of the view for the reasons to be recorded in the basis of such evidence that no case has been made out against him. Which he fund reported would warrant his conviction. However if the magistrate is with opinion that there are materials to proceed then he will proceed to frame the charge. That is the main distinction. In cases instituted otherwise than in a police report all the materials are available. The fire is there and the report given by the complainant is there. Mazur is there. Medical certificate is there. Everything is there and prosecution will have to depend only on those documents and no other documents. Therefore there is a stage for hearing before charge under section 239. But whereas in case of a private complaint such materials are not available. What is available is only the complaint, statement of the complainant on both and the statement of the witnesses on both and the report of the inquiry under section 202 if any. On that basis the charge cannot be framed. Therefore that has to be corroborated and tested in the process by recording evidence on both as contemplated under the evidence act. Therefore the evidence hearing will be evidence before charges there and where the evidence will have to be recorded even before framing charge. That is the striking difference between the cases instituted in a police report and the cases instituted otherwise than on police. It is of course a very lengthy judgment it is. But I have read only that portion of the judgment which is relevant for the purpose of our discussion. So thank you very much. I think I have covered all the important sections. And if anything is left out, if you just tell me, I will be able to make an attempt to explain that also. Thank you very much sir. Thank you. Thank you for having given a very patient listen to what I said for about, I think about one hour and 45 minutes. Thank you. You just made a rapid fire attack. I was just reminded where you're asking at 666 you just went on the front foot and just give the right time right stroke. This is by Anuradha Salogi how about someone's case is there any provision for discharge. Please repeat the question sir. She says is there any procedure for discharge in a summons case. No, no, there is no, there is no stage for ordering for a discharge in a summons case. This is can a complainant fight the case without the involvement of a public prosecutor without a public prosecutor. Without a public prosecutor. It's a private complaint. A private person can. That's what the definition of the complaint says any allegation made in writing by a person to a magistrate with the view of he taking action against a person known or unknown or their friends commit. The definition itself will say any person a private person can walk to walk into the magistrate court and present a complaint. In writing or even you can literally submit a complaint to the magistrate. That's what the definition says prosecutor is only to conduct the cases on behalf of the state prosecutors. The wage says that the case under section 144 CRPC comes under the case instituted otherwise than on the police report 144. Yes. 144 CRPC. Yes. One minute please. That I think it comes under the jurisdiction of the executive magistrates if I'm correct. It 144 CRPC is the power given to the district magistrate. Why are you confusing with the magistrate? See section three of the criminal procedure court says that wherever the word magistrate is used in the court. Please understand, let us understand this very carefully. Wherever the word magistrate is used in the court without qualification that is district magistrate or judicial magistrate. It means a judicial magistrate only. So what we have discussed from section 200 192 section 248. It is applicable only for the judicial magistrate court and not for section 144, which has to be done by the executive magistrates. I hope I have the question. Perfect. So the investigation of police under section 156 3 and section 202 same. Is there any magistrate? Suppose the magistrate has taken a cognizance in section 200, but orders investigation. How does the investigation under section 156 sub clause 202 differ? The investigation intersection 156 3 is a precognizance stage. The magistrate will order for investigation. Even before taking cognizance. So it is a precognizance stage. But whereas an investigation ordered under section 202 is a post cognizance stage. It is only after taking cognizance and recording the statement of the component and witnesses, the magistrate will order for further investigation. And even though such investigation is interested to a police officer, that will not assume the character of an investigation under section 156 3. It is a different altogether different one altogether. Yes. What is what is the effect of complaint being filed without the support of an affidavit? What is the effect of the complaint being filed without any support of an affidavit and whether the judgment of Prayank Srivastava prospective or retrospective. I have not, I have not applied my mind into that particular judgements are sorry. I may not be in a position to answer that question right now without looking to it. When a complaint is filed under section 200 CRPC, if the magistrate refers the complaint police under section 156 3 and followed by an investigation of the police files be report. Whether it is considered as a complaint case or a case on police report. Very good question. When they say police when when the matter whether the police register a case under section 154 and takes up investigation, or whether the police are ordered to investigate into the matter under section 156 3. If the investigation finally culminates into FV report. The law says that when the V report is submitted to the magistrate by the police, the magistrate court will have to issue notice to the complainant. Complaint will have to appear before the magistrate court and if you want to protest the protest to the be report, he can file a protest memo. That protest memo will be considered as a complaint because it can it should contain all the allegations of the complaint and then it will be treated as a private complaint and the court can proceed in the manner I have already state. What is the legal value of the information given writing to the police. What is the what is what is the legal value of the information given in writing to a police upon commission of a cognizable offense but FIR has not been registered. Okay, section 154 CR pieces says that when an information is received by a police officer in respect of a cognizable offense. I am underlining the word cognizable offense. Then it is the duty of the police officer to receive the complaint if it is in writing to receive that information if it is in writing. If it is oral, he must reduce that oral information into writing and enter that in a separate registered prescribed by the state and then issue a copy of the FIR to the informant after obtaining his signature. If the police officer refuses to register a complaint register a case and prepare an FIR even though the information is given, then the remedy available to the agreed person is under subsection two of section 154, where in the agreed person can send that particular written information directly to the jurisdiction superintendent of police who may either investigate the matter by himself or he may direct the subordinates to invest that remedy is there. What is the first step of proceeding with a non cognizable offense. What is the first step in proceeding with a non cognizable offense. Yes, a layman a layman a common man will not be knowing whether the offense committed on him is available he's a non sorry he's a cognizable or a non cognizant. He only knows that whenever an offense is committed he will simply walk into the police station and give information. That's all his knowledge we can't we can't blame him because it may not be knowing the law. So, police officer duties when a person gives information to a police officer about the commission of a non cognizable offense. Section 155 subsection one says that the police officer retrieving such information must record that in a separate register prescribed by the state and refer the complaint to the magistrate, because I have already told that police officer has no power to investigate into a non cognizable offense without the order of a magistrate. Then, subsection two says that if the magistrate orders investigation by the police, even in respect of a non cognizable offense, the police can proceed to investigate. Subsection three says supposing there are multiple offenses sections out of them, except one all are non cognizable, but only one is cognizable. Then the law says the police officer construction consider the entire information is cognizable and proceed with the investigation without waiting for the order from the match. This is what section 155 CRPC says. I hope I have made the point here. Yes. What is the effect of not filing the list of witnesses in the complaint case? List of witnesses has to be mandatorily filed. There are cases where when the list of witnesses are not given, the complaint has been dismissed. List of witnesses should always be appointed to the complaint itself. How to make a complaint in section 200 with the magistrate? How to make a complaint before the magistrate? I have already given seven important points to be considered while preparing a complaint. So that complaint will have to be prepared neatly typed and the complaint must contain all facts which constitutes an offense and presented before the magistrate. The magistrate will take the complaint to his hand and verify whether this is a fit case where he can take cognizance by himself or he can refer the matter to the police. If he has to refer the matter to the police, then he may pass an order under section 156-3 or if he wants to proceed to take cognizance, he may take cognizance and proceed under section 200-202. This is how the procedure will have to be conducted. Whether the list of witnesses is also compulsory when the protest petition is filed? Whether the list of witnesses is compulsory when the protest petition is filed? List of witnesses is compulsory. It has to be given. When the protest petition is filed? In the protest petition, what happens is normally the protest will be like this. I have given the list of these persons to the police but the police have not examined them. The statements recorded by the police, perpetrated to be the statements of those witnesses are not the statements of those witnesses. Such allegations will be made. And normally the protest memorial, even along with the protest memorial, the number of the list of witnesses are given. There is nothing wrong with it. Whether the accused have the right to cross with them and before the charge is framed? No. Before the charge is framed. Yes, yes. That is under, in the case instituted, otherwise there is a police report. The accused may exercise his option and show that the accused has levered to be discharged. But normally the accused will not take the risk of cross-examining at that stage. And he will wait till the examination in chief of all the witnesses is over. And then opportunity will be given by the magistrate himself to the accused to cross-examine. He may cross-examine such of those witnesses whom he wants to cross-examine. But there is no prohibition for accused to cross-examine even before framing charge. Whether the allegation has to be made? Yes. Whether the allegation has to be made in an affidavit at the time of filing a complaint under section 200. Whether any? Whether allegations have to be made in an affidavit at the time of filing a complaint. I have not said anything about the affidavit at all. I don't know which affidavit they are referring to. I have only stated that the complaint, section 190, subsection 1 clause A says, a complaint containing the facts constituting the offense. Complaint should contain the governments. I don't know which affidavit they are referring to. So thank you, sir. It was a pleasure. I'm just reminded of though, since I'm a cricket buff, just like Venkatesh Prasad, you have also made the day for everyone. Thank you. Stay blessed. Thank you very much. All the very best. May God bless you all. We will keep learning from you. And they say that in a profession, first is learn, then L automatically goes and then you start earning. Sir, we are all in the process of learning. I have a lot of things to learn from your side and you may be having something to learn from my side. It is only an exchange of ideas and views. I'm very glad that I have been given an opportunity and thanks to all the participants who have given a patient hearing to what I said. May God bless you all. All the very best. Thank you, sir. We can only say that we have everything to learn from you and you may have something to learn from us. Exactly. We have everything to learn from you and something you can learn from us. No, no, no. Right, sir. Thank you. Stay blessed. Thank you.