In criminal cases, the proceeding is divided into three stages:
- The Pre-trial stage
- The Trial stage
- The Post-trial stage
Crime is defined as an act or omission which constitutes a violation of the law punishable by the state for the injury caused directly or indirectly to any person.
1. PRE TRIAL STAGE– This is the initial stage in the criminal proceeding which decides that commission of the crime is cognizable or non-cognizable.
1. NON COGNIZABLE OFFENCE: Non-cognizable offence is an offence in which arrest is made by the arrest warrant and the bail is claimed as a matter of right in this offence.
- When a non-cognizable offence is made out, the aggrieved party can file a private complaint under section 190 of crpc to the magistrate of the first or second class.
- Upon receiving such a complaint, the magistrate has to examine the same on oath and shall reduce it in writing under section 200 of crpc.
- If the complaint in writing is filed before the incompetent magistrate, then the magistrate can transfer the same to the appropriate court of jurisdiction; But if the complaint is not in writing the magistrate can ask the complainant to file the same before the competent magistrate under section 201 of crpc.
- Under section 203, if the magistrate of the opinion that the ground stated in the complaint is not sufficient to institute the proceeding, then he can dismiss the same.
- If non-cognizance is made out against the accused, the police will release him on bail (in a non-cognizable offence bail is claimed as a matter of right).
- The magistrate is empowered to order the police officer to register the FIR.
- If the summon case is made out against the accused, the magistrate is empowered to send the summons to call the attendance in physical.
- If the warrant case is made out, the magistrate is empowered to issue the warrant.
- After the arrest, the accused can apply for bail under section 436 of CRPC.
2. COGNIZABLE OFFENCE: In cognizable offence arrest is mandatory and it can be made without a warrant. There are two scenarios under cognizable offence:
- Registration of FIR
- Refusal to register FIR by Police
REGISTRATION OF FIR:
- FIR: FIR stands for First Information Report enshrined under section 154 of the code of criminal procedure, 1976. FIR is generally written by the police information based on the information given by the informant. It is signed by the informant and later mentioned in the general diary kept by the police officer as a record of the substance.
When the woman is the informant of crimes punishable under section 376, 376A, 376B, 376C, 376D,376E, 509, 354, 354A, 354B, 354C, 354D,326A, 326B. The Fir is registered by the women police officer.
FIRs put the criminal law into motion, so it becomes very crucial to register the FIR.
FIR empowers the police to conduct the investigation.
- INVESTIGATION BY THE POLICE:
After lodging, the FIR police authority begins the investigation under section 153 of CRPC, 1973.
In a cognizable offence, the police have such wide powers to investigate without directions or order from the magistrate or the court.
If no investigation is taking place after the lodged FIR then the magistrate under section 190 can order the police officer to conduct an investigation. (Section 153(3))
- Police precede to the crime spot.
- Investigate the facts.
- Investigate the circumstances.
- Discover and arrest the accused.
- To call the witnesses who are in the opinion of the investigating officer are familiar with the facts and circumstances of the crime.
- To examine the witness orally who are in the opinion of the investigating officer is familiar with the facts and circumstances of the case.
- Collecting evidence.
- Conduct interrogation
- Arrest the accused.
- To make a search and seizure of the thing this is important for the case.
There can be three situations after the investigation. They are:
- The case is made out.
- There is no case.
- The arrest of the accused.
REFUSAL TO REGISTER AN FIR:
Under section 154(4) of crpc, 1973, if the police refused to lodge your FIR then you can send the information in the written form to the superintendent of the police. If the SP is satisfied with the sent information and of the opinion that the cognizance offence is made out then he can himself conduct investigation or order the subordinate to conduct investigation.
Under section 190 also the complainant can file a private complaint to the magistrate of the first or second class, which can take cognizance himself or order the police authority to register the FIR.