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Supreme Court
Yearly Digest
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1881

Supreme Court
 Monthly Digest-
October 2024
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INTRODUCTION
Complete
Supreme Court
Under the criminal procedure, there are
Quarterly Digest
mainly 3 stages of criminal proceedings in (/supreme-court/supreme-court-
2024- [July To
India namely: judgments-and-orders-quarterly-
September]
digest-2024-278396)

1. The Pre-Trial Stage.

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In order to understand the various stages of
the Criminal Law Proceedings or Trial in
India, it is important to understand what is
Crime and Trial?

Crime is a term which has evolved from

the concept of law, and is regarded as
an act/omission or violation of law
against which there lies a punishment
which is imposed upon the accused by
the State and the said punishment may
vary from direct injury to indirect injury.

Also Read - When Defendant Can Be Asked To

Begin Evidence In Suit? Supreme Court Explains
Order XVIII Rule 1 CPC (/top-stories/when-
defendant-can-be-asked-to-begin-evidence-in-suit-
supreme-court-explains-order-xviii-rule-1-cpc-
278830)

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 Crime has been derived from a Latin term
called "CRIMEN" which means to charge.

Many Criminologist propounded and

expounded the terminology and meaning of
Crime. But every such definition given by
them was highly criticized due to the fact
that they have left something in the
definition or extended the scope which is
usually not a part of the same. So, the
conclusion is that it is difficult to explains
the definition of Crime in a single line
statement, as it is a Multi-dimensional term.

Also Read - S.197 CrPC | When Can Public

Servant's Offence Be Linked To Official Duties?
Supreme Court Explains Principles (/top-
stories/s197-crpc-when-can-public-servants-
offence-be-linked-to-official-duties-supreme-court-
explains-principles-278376)

According to Oxford's Dictionary[i] the

definition of Crime is:

1. Activities that involve breaking the law

2. An illegal act or activity that can be

punished by law

3. An act that you think is morally wrong

or is a big mistake.

1. PRE-TRIAL STAGE

The phase is said to be Pre-trial stage once

the criminal proceedings have initiated after
the registration of FIR under the Section 154
of CRPC, 1973 which is followed till the filing
of the Charge sheet once the magistrate is
of the view that there lies a reasonable
ground for initiating the Trial.

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 Also Read - Navigating Intersection Of Anti-
Money Laundering And Recovery Laws: The
Imperative For Collaboration And Cooperation
(/articles/prevention-of-money-laundering-and-
secured-creditor-277739)

This stage plays a pivotal or critical role

under the process of Justice because under
this phase only majority of cases comes to
an end informally through settlement
between the parties therefore, these cases
never come before the Court of Justice.

2. TRIAL

After the completion of the Pre- Trial Stage/

Proceedings, then starts a new phase called
as Trial stage which is also known as the 2nd
phase of the criminal proceedings.

Also Read - Know The Law | When Can Sex On

Promise To Marry Amount To Offence Of Rape?
(/top-stories/know-the-law-when-can-sex-on-
promise-to-marry-amount-to-offence-of-rape-
276834)

Although, Trial is not defined or explained

under the CRPC, 1973 but it is a process of
determining the guilt or innocence of the
person through adjudication by the
competent court.

In Laymen language, trial refers to a TEST or

legally it means "a formal gathering of the
parties namely prosecution and the
respondent in front of Hon'ble court, where
both the parties put forth their claims,
evidence, proofs and etc. and the court upon
hearing the same and giving equal
opportunities to both the parties to present
their views come to a conclusion whether to
acquit or convict".

In India, the Criminal Trial is divided into 3

parts namely: -

1. Warrant case- where punishment for an

offence is 7 year or more.

2. Summon case- where punishment for

an offence is 2 year or less.

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 3. Summary Trial- where punishment for
an offence is 6 month or less.

According to Section 26[ii] of the CRPC,

1973: the offences as mentioned under the
Indian Penal Code, 1860 shall be triable by: -

1. The High Court

2. The Session Court and

3. Any other court by which the offence is

shown under the 1st schedule of the
CRPC, 1973.

Further, if the case relates to rape and

attracts the provision of Section 376[iii],
376A[iv], 376B<[v], 376C[vi] and 376D<[vii] of
Indian Penal Code, 1860 in such situation the
case shall be tried by a woman Judge

3. POST TRIAL

Under this stage, generally lies following: -

1. Appeal/ Revision,

2. Hearing of quantum of punishment or

3. Execution of sentence.

India has an overarching and elaborative

Substantive and procedural laws dealing
with the various stages of Criminal
proceedings which are as:

1. INDIAN PENAL CODE, 1860-

Substantive Law

2. INDIAN EVIDENCE ACT, 1872-

Procedural Law

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 3. CODE OF CRIMINAL PROCEDURE,
1973- Procedural Law

Code of Criminal Procedure (CRPC) is a

Procedural Law and it deals with the
regulation of criminal law procedure and its
rules, it put forth the steps and provisions
which are to be followed if the criminal case
has been made out. Further, it provides the
mechanism for proper imposition and
working of Criminal Law in India.

While on the other hand, Indian Penal Code

(IPC) is a Substantive Law and is a primary
criminal law of India further it deals/ covers
all the Crimes and their related punishments.

Indian Evidence Act is also a Procedural Law

and it generally comes into play after the
initiation of Trial, where it deals with
Evidences production, Facts, Examination,
Cross-Examination, Leading Questions and
etc.

INITIATION OF CRIMINAL
PROCEEDINGS

PRE-TRIAL STAGE

The criminal proceedings initiate with the

commission of Crime which may be
Cognizable or Non-Cognizable.

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 1. NON-COGNIZABLE OFFENCE

When an act or omission is executed and the

offences for the same is Non-cognizable
(arrest warrant mandatory to arrest), then
there are two options available to aggrieved
or one to accused.

3. In case of the aggrieved, when non-

cognizable case is made out: the
aggrieved can file a private complaint
to the Appropriate authority/ Magistrate
of first class or second class as per the
section 190 of the CRPC, 1973.

4. And it is the duty of the Magistrate

receiving the complaint to examine the
same upon oath and shall reduce such
in writing (Section 200 of CRPC
CRPC).

5. Further, if the complaint is filed before

incompetent Magistrate the same can
transfer it to proper court for
consideration if the complaint is in
writing. But, if it is not in writing
Magistrate directs or tell the
complainant regarding the appropriate
court (Section
Section 201 of CRPC CRPC).

6. Moreover, if the magistrate upon

receiving the complaint is of the
opinion that the grounds stated are not
sufficient enough to institute the
proceedings then the magistrate is
empowered to dismiss the complaint
(Section 203 of CRPC)
CRPC).

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 If the magistrate has ordered for the
dismissal of the complaint as per section
203 it does not preclude the complainant to
file for the second complaint on same facts
(exceptional case).[viii]

1. In case of the Accused, when non-

cognizable case is made out: the police
release the accused upon Bail as a
matter of right of the accused.

2. And lastly, the Magistrate is

empowered to order the Police
authority to Register the FIR.

As per Section 204, if the magistrate

has taken cognizance and is of the
opinion that a case has been made out
for the purpose of initiation of the
proceedings and:

If the summon case has been made

out: the magistrate is empowered to
issue summons to the accused to call
the attendance in physical.

If the warrant case has been made out:

Magistrate is empowered to issue the
warrant.

Upon arrest it the right of the arrested to file

an application for the BAIL under section
436 of CRPC, 1973.

2. COGNIZABLE OFFENCE

When an act or omission is executed and the

offences for the same is Cognizable (arrest
warrant not mandatory to arrest), then there
are two scenarios available, which are as:

Registration of FIR.

Investigation by Police

Arrest

Anticipatory Bail

Application for quashing the FIR before

High Court.

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 Refusal to register FIR by the
Police Authority
Authority.

Filing of complaint to the Magistrate or

appropriate authority.

A complete flow chart has also been

provided to better understand various
stages of the criminal proceedings.

Step wise flow chart upon each

proceeding has also been provided.

FIRREGISTRATION
UNDERSECTION154
OFCRPC

INVESTIGATIONBY
POLICEUNDER
SECTION156

APPLICATION FOR
SEFORE" HICH
THE FIR
ARREST ANTICIPATORYBAIL BEFORE
UNDER SECTION48000F
CRPC.1973.

FACTS CIRCUMSTANCES ARREST

UPONCOMPLETIONOF
MEASURES THE INVESTIGATION
FOR INTERROGATION THEPOLICEISOFTHE
DISCOVERY VIEWTHATNOCASE
ANDARREST
HASBEENMADEOUT
ARREST.ANTICIPATORYBAILANDQUASHINGOFTHEFIR.
STATEMENT
OFACCUSED
AND UPONCOMPLETIONOF
QUASHINGOFTHE
WITNESSES
ARREST FIRUNDERTHE
THEINVESTIGATIONTHE
ANTICIPATORY
BAIL SECION482OF
POLICEISOFTHEVIEW
ARGUMENTS
THATTHECASEHASBEEN CRPC
AGAINSTORIN POLICE FILE
FAVOUROFTHE THE CHARGE MADEOUT
CHARGES SHEETUNDER
THEACCUSEDASA
FRAMED IN SECTION173 MATTEROFRIGHT THE POLICE
COURT
AFTER THE BEFORE FILE REVIEW FILE AND
REGISTRATION OF ARREST
IFTHECOURTISSATISFIEDTHAT PETITIONTOHIGHERSUBMIT THE
FIRORCOMPLETION POLICE MAY WHENTHEARRESTIS AFTER
COURTAGAINSTTHE CASE THE
THECHARGESARENOTMADE
OFINVESTGATION. SENDANOTICE CHARGESFRAMED REGISTRATION
APPREHENDED CLOSURE OF
OUT,ACCUSSEDRELEASED.
UNDER BEFORETHESESSION FIR,THEOPPOSITE
REPORT TO
IFTHECOURTISSATISFIEDTHAT
SECTION 41A PARTYFILEAN
DISCHARGEAPPLICATION
COURTTHEOPPOSITE MAGISTRATE
THECHARGESAREMADEOUT.
OFCRPC.1973. PARTYASAMATTER
TRIAL
APPLICATION FOR
OF RIGHT FILE QUASHINGTHE FIR
ANTICIPATORYBAIL. INVOKING THE
ACCUSED ACCUSED КЕРТ INHERENTPOWEROF
KEPTUNDER UNDER THE
THE HIGH COURT
THEPOLICE JUDICIAL UNDERSECTION482
CISTODY CUSTODYAFTER
OFCRPC.1913.
THEMAGISTRATE
ORDER ANTICIPATORY
BAILBEFOREHIGH
COURTWHENTHE
ACCUSED FILE PREVIOUS

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 ACCUSED FILE PREVIOUS
APPLICATION
WHEN FIR IS REGISTERED
APPLICATIONFOR BAIL
REJECTEDBYTHE
SESSION.
OPPOSITE PARTY
ACCUSED FILE BAIL
THROUGHSPECIAL
1)APPLICATION
IN CASE OF INVESTIGATION
BEFORE THE BY THE LEAVE PETITION
SESSIONSWHENTHEPREVIOUS (SLP)TOSUPREME
POLICE
APPLICATIONREJECIEDBYTHE COUKT FILE
MAGISTRATE. ANTICIPATORY
A)FIR BALLASMATTER
OFRIGHT.
ACCUSEDFILEBAILAPPLICATION
FIRST INFORMATION REPORT is a provision
BEFORETHEHIGHCOURTWHEN
THE PREVIOUS APPLICATION THENFINALLY IF ALL THE
which is enshrined under the chapter 12,
REJECTED BY THE SESSION ATTEMPTSAREREJECTEDTHE
Section
COURT.154 of the CRPC, 1973. FIR is a ACCUSEDFILE FORBAIL TO
SUPREMECOURT.
document generally written by the police
officer in-charge of the police station upon
the request or Information received by the
complainant/ informer.

Most importantly the FIR shall be reduced

into writing. and there are some pre-requisite
conditions for a valid FIR which are as:

1. The FIR lodged shall be signed by the

person who has given the information.

2. And to record and enter the substance

presented by the informer in the book
by the police.

In case a woman is the informer, and she

want to register the FIR under sections
namely 326A, 326B, 354, 354A, 354B, 354C,
354D, 376, 376A, 376B, 376C, 376D, 376E or
509 of the Indian Penal Code, 1860- for that
purpose a women police officer shall
be the in-charge for recording and
writing the FIR.

IN CASE, THE POLICE IN CHARGE OF THE

POLICE STATION REFUSES TO LODGE THE
FIR, THE INFORMER AS A MATTER OF
RIGHT AND USING SECTION 154(3) OF
CRPC, 1973 MAY SEND THE INFORMATION
ALONG WITH THE SUBSTANCE TO THE
SUPERINTENDENT OF THE POLICE (SP).

FIR put the case under motion, it plays a

pivotal role in criminal justice system, only
after the lodging of the FIR the police is
empowered to conduct investigation and it is

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 the first information received by the police in
relation to a case or an act or omission thus
is known as FIRST INFORMATION REPORT.

B) INVESTIGATION BY THE POLICE

After the police in-charge of the police

station lodge the FIR the police authority
may execute the investigation procedure as
per Section 156 of the CRPC, 1973.

Under the cognizable case, the police

authority who execute the investigation are
empowered enough to conduct the
investigation procedure without the order
from the court or magistrate.

And this power of the investigating officer to

conduct the investigation cannot be at any
time of the period of investigation or after be
called in question on the premises that the
officer was not empowered to do so (Section
156(2) of CRPC, 1973).

If no such investigation has taken place after

the lodging of FIR, the magistrate using its
power under Section 190 may order the
Police to conduct the investigation (Section
156(3) of CRPC, 1973).

What all things can Investigation officer may

conduct during his investigation:

1. To proceed to the spot of crime

(Section 157 of CRPC, 1973)

2. To investigate the facts (Section 157 of

CRPC, 1973)

3. To investigate the circumstances

(Section 157 of CRPC, 1973)

4. Take measures for the discovery and

arrest of the offender (Section 157 of
CRPC, 1973)

5. To call for attendance of the witnesses

who in the opinion of the investigating
officer is acquainted/ familiar with the
facts and circumstances of the case
(Section 160 of CRPC, 1973).

6. To Examine the witnesses orally who in

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 the opinion of the investigating officer
is well acquainted with the facts and
circumstances of the case. (Section
161 of CRPC, 1973).

Investigating officer has the sole duty or

object to investigate the allegations and
during the period of investigation the
investigating officer shall take into
consideration all those facts and
circumstances whether against or in favor of
one party or not.[ix]

7. Collection of evidences.

8. To conduct interrogation.

9. May arrest the offender (to be dealt

under arrest provision).

10. To execute search of such substance

or thing which in opinion of the
investigating officer is highly important
and is within his jurisdiction and for
that purpose he shall give in writing the
grounds for such a SEARCH (Section
165 of CRPC, 1973).

C) INVESTIGATION CONCLUSION

After the completion of Investigation, the

investigating officer comes to 3 conclusions:

1. UPON COMPLETION OF THE

INVESTIGATION THE POLICE IS OF
THE VIEW THAT THE CASE HAS
BEEN MADE OUT.

2. UPON COMPLETION OF THE

INVESTIGATION THE POLICE IS OF
THE VIEW THAT NO CASE HAS BEEN
MADE OUT

3. ARREST- to be dealt under the Arrest

provision

According to the 1st provision, if after the

completion of the investigation the police is
of the opinion that there is no ground or
sufficient or reasonable justification to
forward the offender before the magistrate, it
can release the offender as per the Section
169 of CRPC, 1973, and further submits the

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 case closure report before the magistrate as
final report under the Section 173 of CRPC,
1973.

According to the 2nd provision, After the

completion of the investigation the police is
of the opinion that there is sufficient ground
or reasonable justification to constitute a
case shall transfer the same to the
magistrate who is empowered to take the
cognizance (Section 170 of CRPC, 1973).

And soon after the completion of the

investigation it is the responsibility of the
investigating officer to submit the Police
Report/ Charge Sheet before the magistrate
under the Section 173 of CRPC, 1973.

Along with the Police report the Investigating

officer shall also submit all the documents
and the statements recorded under the
Section 161 of CRPC, 1973 (Section 173(5)
of CRPC, 1973).

Police Report is a conclusion of the

investigating officer which is drawn on the
basis of the materials, evidence collected
throughout the investigation, and police
report just form the basis for the court to
take the cognizance.[x]

2) IN CASE OF ARREST BY THE POLICE

Upon registration of the FIR under Section

154 of CRPC, 1973 and the case involves the
cognizable offence, the police has two
options either:

1. ARREST or

2. INVESTIGATION.

Upon investigation the investigating officer

is of the view/ opinion that there lies
reasonable and strong ground to arrest the
offender, in that case the police can arrest
the offender without any warrant from the
magistrate as per Section 41 of the CRPC,

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 1973. And the duty lies upon the police to
communicate to the offender the ground of
his arrest in case of arrest without warrant
as per Section 50 of CRPC, 1973.

Arrest in specific words means "to take or

keep in custody by authority of law"[xi]
[xi]

It is clear from the Section 41 of the CRPC,

1973 that the police officer is competent
enough to arrest the offender of cognizable
offence without the permission or warrant of
the magistrate if certain conditions are
fulfilled[xii]: -

1. The person commits cognizable

offence in presence of the Police.

2. Against whom the FIR has been

registered for cognizable offence.

3. Police is of the view that the offender

has committed the cognizable offence.

4. To prevent the person from committing

further crime.

5. For the purpose of investigation.

6. To avoid tampering of the evidences.

After the Arrest the arrested has some rights

namely

1. The right to meet the Advocate of

Choice.[xiii]

2. The right to know the grounds of arrest

and the right to Bail.[xiv]

3. To inform the arrest of the person to

his/ her friends, relatives and etc.[xv]

But, if the arrest is not essential or required

as per the provisions of section 41 of CRPC,
1973, then it is the responsibility of the
police authority to "issue notice" to the
person against whom a complaint or FIR has
been registered to appear before the Police
when there is a strong, reasonable, certain
and credible ground that the person has
committed a Cognizable offence (Section
41A of CRPC, 1973).

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 Now upon receiving the Notice from the
Police for appearance, the receiver is duty
bound to follow the same and comply with
the terms of the notice. Now two scenarios
can be seen namely:

1. That the person upon receiving the

Notice comply with the same and
appear before the police, in that case
the person shall not be arrested
unless the police give reasonable
justification for the purpose of arrest.
OR

2. That the person upon receiving the

Notice do not comply or fails or omit to
follow the terms and condition of the
same and attempt to hide his/ her
identity in such a case the police may
upon the order of the competent court,
arrest such person.

HOW ARREST IS EXECUTED

Before arresting the person/ accused or

against whom a FIR is registered, the Police
officers who are going to make the arrest
shall follow some procedure mandatorily
(Section 41B of CRPC, 1973)[xvi] or shall
follow the verdict of D.K BASU V. STATE
OF WEST BENGAL AIR (1997)
(1997):

1. Police shall bear/ wear accurate, visible

and clear identity of themselves.

2. To prepare memorandum of arrest,

which shall be attested by at least one
witness and the same shall be counter
signed by the person who is arrested.

3. To make aware the arrested about his

right to inform his/ her relative, family or
friends about his arrest in case the
Memorandum is not attested by the
relative/ family/ friends.

4. Time, Place and Venue of the Police

Station shall be informed to arrestee's
friend, relatives, and other within 8-12
Hours of arrest.

5. A Diary for the same shall be prepared

which contains the content namely:
Place of Detention, the person
informed of such arrest (friends,

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 relatives, family) and the officer in
whose custody such person is.

6. To prepare a memo of Major and Minor

injuries on the arrested upon the
request of arrestee himself/ herself.

7. Arrestee shall be examined by a

professional Doctor every 48 hours.

8. All the information as to arrest,

arrestee, place of detention and police
officer who made the arrest shall be
displayed on every district and State
High court concerned.

The officer who is making the arrest is

empowered to touch or even confine the
person who is going to be arrested (Section
46 of CROC, 1973). But in case, the person
against whom the complaint was made and
arrest is in process and the same attempt to
evade or forcefully resist the arrest, the
police officer in that case may use all those
necessary means in order to stop the escape
of the accused (Section 46(2) of CRPC,
1973). But, this power to the police to use
any means to restrict the escape of the
accused evading arrest do not further
empower them to kill the person accused of
an offence which is not punishable with
Death or life imprisonment (Section 46(3) of
CRPC, 1973).

THE POLICE OFFICER WHO IS MAKING

THE ARREST SHALL NOT ARREST/
TOUCH/ CONFINE A WOMAN AGAINST
WHOM THE COMPLAINT HAS BEEN
MADE, for that purpose a Female Police
Officer shall be the one to make the arrest of
the woman accused.

CERTAIN GUIDELINES TO BE FOLLOWED

BEFORE MAKING ARREST OF WOMAN:

1. That no woman shall be arrested after

the SUNSET and before the SUNRISE
( Section 46(4) of the CRPC, 1973)..

2. The above rule is not an absolute one,

as in exceptional cases if the arrest of
the woman is essential then in such
case female/ lady police officer shall

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 prepare a report in writing and submit
the same to the Judicial Magistrate of
first class for the purpose of taking
permission of arrest after Sunset or
before Sunrise (Exception of Section
46(4) of the CRPC, 1973).

The legislative intent before arrest of a

woman and provisions of Section 46(4) of
CRPC, 1973 is that to protect, preserve,
safeguard the modesty, respect, status,
character of woman and to further protect
them from any kind of insult, allegation or
harassment by the police.

In a Landmark Supreme Court Judgement of

SHEELA BARSE V. STATE OF
MAHARASHTRA
MAHARASHTRA[xvii]
[xvii] the Supreme Court
of India prescribed some guidelines in
respect to protection of woman accused in
Police Lock-Ups: -

1. For woman there shall be a separate

lock-up and which shall be headed by
a Female Constable.

2. For the purpose of interrogation of a

woman, it shall be executed or
conducted by a Female/ Woman police
Constable/ Officer.

3. Empowered the Session Judge

(preferably Female Judge) to visit the
jail premises and conduct a survey that
the guidelines put forth by the Supreme
Court of India in respect to protection
of Woman are complied with and are
strictly followed, and if the Judge found
anything contrary or the guidelines not
followed strictly the Judge may inform
the same to the Commissioner of
Police.

If the commissioner takes no action upon

such information, then the session judge
may communicate the same to Home
Department, and if still no actions are taken
then finally to approach High Court.

Upon arrest it is the obligation of the police

officer to present the arrested before the
Magistrate within 24 hours as per Section 57
of CRPC, 1973 but if the police authority is

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 not satisfied with their investigation or has
not completed the investigation within 24 hrs
and want the offender to be in their custody
they can seek permission from the
Magistrate to take the offender in REMAND
which shall not exceed the period of 15 days
after presenting the offender before the
magistrate as per Section 167 of CRPC,
1973.

After the Arrest the offender may be put

under Police Custody or under the
Judicial Custody (Judicial custody to take
place only after the orders from the
magistrate).

BAIL

Bail is the release of the accused on

conditions that he will present himself/
herself before the court of law when required
by the court itself.

After the arrest of the accused the accused

as a matter of right can file an application for
BAIL before the Magistrate under the Section
437 of CRPC, 1973.

If the magistrate rejected the Bail application

under Section 437 of CRPC, 1973 the
accused as matter of right can file the same
application for Bail before the Sessions
Court and if rejected by the Sessions then to
High Court.[xviii]

If the applicant is rejected by both the

Session and High Court he/ she can still file
the Bail Application before the Supreme
Court of India.

3) IN CASE OF ANTICIPATORY BAIL

Upon registration of the FIR offender is of

the view that he may be arrested and has
reasonable apprehension that he may get
arrested, the offender can file an application
before the Session Court of Anticipatory Bail
as per the Section 438 of CRPC, 1973.

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 If the Session Court rejects the Anticipatory
Bail of the offender the offender still has the
right to file for Pre-arrest Bail application/
Anticipatory Bail before the High Court.

If the High court also rejects the Anticipatory

Bail application then final attempt is before
the Supreme Court of India where the
Offender/ Accused file Anticipatory Bail
before Supreme Court by way of Special
Leave Petition invoking Article 136 of the
Indian Constitution, 1950 as a matter of right
and right against arrest and detention[xix]
and using Article 21<[xx] of the same.

4) IN CASE OF QUASHING OF THE FIR

UNDER THE SECTION 482 OF CRPC

After the registration or lodging of FIR as to

cognizable offence, the person/ Accused
against whom the FIR has been lodged. may
as a matter of right can file an application
before the High Court Invoking its Inherent
Power under Section 482 of CRPC, 1973
regarding the Quashing of the FIR and
request for stay of proceedings against him/
her.

The situation of quashing of the FIR arises

when the accused is of the opinion that there
are no substantive proof or ground for the
FIR against him/ her.

And it is the discretion of the High Court

whether to Stay the FIR or Quash the FIR.

WHEN REFUSAL TO REGISTER

FIR BY THE POLICE
AUTHORITY

If the aggrieved or compliant/ informer come

before the police authority to lodge FIR and
the Police in-charge of the police station
refuses to enter or lodge the FIR, the
Informer can use Section 154(3) and send
the information along with the contents and
substance of the same in writing to

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 Superintendent of Police (SP). If the SP is
satisfied with the information and draws an
opinion that a cognizable case is made than
he can by himself undergo for investigation
or order the subordinate officer to
investigate.

Moreover, other options available to the

informer is that "the aggrieved/ Informer can
file a private complaint to the Appropriate
authority/ Magistrate of first class or second
class as per the section 190 of the CRPC,
1973". (already dealt in previous pages)
when the FIR is Refused to be registered. In
that case, upon receiving the private
complaint the Magistrate can either:

ENDNOTES
ENDNOTES

[i] Oxford Learner's Dictionaries.

[ii] Courts by which offences are Triable.

[iii] Rape

[iv] Punishment for causing death or

resulting in persistent vegetative state of the
victim.

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 [v] Sexual intercourse by husband upon his
wife during separation.

[vi] Sexual intercourse by person in authority.

[vii]Gang Rape

[viii] Mohinder Singh v. State (Chandigarh

Admn), (1997) 3 Crimes 142 (P&H)

[ix] Mohd. Jainal Aladin v. State of Assam,

(1997)2 Crimes 660(Gau)

[x] Kaptan Singh v. State of Madhya Pradesh

(1997) 4 Supreme 211.

[xi]Merriam Webster Dictionary

[xii] Section 41 of CRPC, 1973

[xiii] Section 41D of CRPC, 1973

[xiv] Section 50 of CRPC, 1973

[xv] Section 50A of CRPC, 1973

[xvi] Procedure of arrest and duties of officer

making arrest

xvii] AIR 1883 378, 1983 SCR (2) 337

[xviii] Section 439 of CRPC, 1973: Special

Special
Power
Power of
of the
the High
High Court
Court or
or Session
Session
Regarding
Regarding Bail.
Bail.

[xix] Article 22 of the Indian Constitution,

1950.

[xx] Right to Life and Personal Liberty.PRE-

TRIAL STAGE IN CRIMINAL LAW

Tags #Mediatrial
(https://www.livelaw.in/tags/mediatrial)

#Criminal Trial
(https://www.livelaw.in/tags/criminal-trial)

https://www.livelaw.in/know-the-law/pre-trial-stage-in-crimi y-step-170479?code=aEr84C9xQ2oLkDdK86yVI5c5l2nvEh# 28/12/24, 12 38 PM

Page 20 of 24
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 #Summons Case
(https://www.livelaw.in/tags/summons-
case)

#warrant Case
(https://www.livelaw.in/tags/warrant-case)

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