Criminal trial FIR stages warrant case

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Criminal trial FIR is of mainly three categories that is in complaint form,

  • FIR (first information report) under section 173 BNSS, in police station.
  • Complaint before Magistrate under section 175(3) BNSS,
  • N.C non cognizable complaint under Section 174 BNSS.

In this heading we understand about FIR under section 173 BNSS which was section 154 in Crpc.

FIR , first information report to Judgement criminal trial stage

Chapter 13 of bhartiya nagarik suraksha sanhita 2023 BNSS, Information to police and their power to investigate (section 173-196 BNSS)( section 154- 176 crpc).

Information to police and their power to investigate, FIR under 173 of bnss

Section 173 of BNSS Information in cognizable cases, Every information relating to the commission of a cognizable offence, irrespective of area where the offence is committed.

May be given orally or by electronic communication to an officer in charge of police station.

  • If given orally, it shall be reduced to writing by him (in charge of police station) or under his discretion,
    • and read over to the information,
    • and signed by person giving it.
  • Electronic communication being signed within three days by the person giving information.

Information given by women against sexual offence, assault shall recorded by women police

  • Information given by women against whom an offence under BNS 2023 section 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78,79 or 124.
  • Is alleged to have been committed or attempt, then such information shall be recorded by a women police officer or any women officer, proviso 173.
Women got Physical disable by sexual, assault offence, Registration of FIR of physical disable women

Section 173 proviso 2nd physical disable, in the event that the Person against whom an offence under BNS section 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78,79 or 124.

  • Alleged to have been committed
  • Or attempt have been committed

Temporarily or permanently mentally or physically disabled, then such information shall be recorded by police officer.

  • At the residence of the Person seeking to report such offence or at convenient place of such persons choice.
  • In the presence of an interpreter or a special educator as the case may be.
  • The recording of such information shall be videograped.
  • As soon as possible police officer shall get statment of person recorded by a magistrate under BNSS section 183(6)(a).

Essential of FIR first information report, Criminal trial FIR

  • Information relating to commission of cognizable offence,
  • Officer incharge of police station.
  • Given orally, written, electronic media,
    • Oral reduce in writing by officer incharge police, and signed by informant and read over information.
    • Electronic media information must be signed within 3 days.
  • Substance thereof shall be entered in book(general diary),
  • Copy of information shall be given free of cost to informant or the victim section 173(2) bnss.

Objectives of FIR, Criminal trial FIR

  • To see the criminal law in matter,
  • To obtain the early information
  • Benifit of alleged early information, poLice can collect information.
  • Delay in giving information cast a suspens on informant and ultimately it effect the prosecution case unless delay is reasonably explained.

Case:- Umar mohd. Vs state of rajasthan 2007, FIR is not a encyclopedia of facts every detailed of the offence is not necessary be explained in the FIR. There must be something in nature of accusations(alligation).

Case:- Soma bhai vs state of gujrat 1973, Even a telephonic message may constitute FIR if it discloses the commission of cognizable offence.

Inquiry in offence punishable 3 year or more but less than 7 year section 173(3) BNSS

On receipt of information relating to the commission of any cognizable offence, which is made punishable for 3 year or more but less than 7 years.

The officer incharge of the police station may with the prior permission from an officer not below rank of Deputy superintendent of police enquire prima facie.

Prima facie enquiry in FIR, Criminal trial FIR

  • i. Considering the Nature and gravity of offence proceed to conduct preliminary enquiry to ascertain whether there exist a prima facie case for proceeding in matter within a period of 14 days.
  • ii. The Nature and gravity of offence proceed with investigation when there exist a prima facie.

Arrest & production of accused before Magistrate section 58 BNSS

  • Person arrested not to be detained more than twenty-four hours.
  • No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable.
  • And such period shall not, in the absence of a special order of a Magistrate under Section 187, exceed twenty-four hours.
  • Exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court, whether having jurisdiction or not.

Procedure when investigation cannot be completed in 24 hours section 187 BNSS

Section 187(1) BNSS, Cast duty upon police officer, it provides that when investigation cannot be completed within 24 hours.

And there is ground for believing that the accusations is well founded, the police shall forthwith transmit nearest magistrate,

  • Copy of entry in case diary
  • Forward the accused to such Magistrate.

It is Constitutional (Article 22(3) as well as legislative mandate that a person cannot detained in police custody for more than 24 hours Without the permission of Magistrate.

Sec/ 58 BNSS clearly provides that a police officer cannot detain a person for a longer period, than what reasonable such period shall not exist 24 hr excluding time of travel.

Section 187 bnss police custody or judicial custody magistrate power

Sec/ 187(2) cast an obligation on magistrate to authorized the detetion of accused in such custody.

Means either police or judicial custody, here the magistrate has discretion to send accused in either upon mentioned custody.

But the discretion should be exercised judicial and not lightly, the police custody lightly given and for this Police officer give strong reason for it.

Police custody can not be given beyond 40 days offence less than 10 years, more than 10 year, 60 days.

Default bail section 187(3) BNSS

The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so.

But no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding:-

  • (i) Ninety days Where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more.
  • (ii) Sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail.
    • If he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter.

This is called bail in lieu default of filing of police report. This is not automatic bail, if accused does not apply for bail, and does not furnish bail, then he may be detained in custody. And if the police report is file, the right of default bail expired.

Bail section 480 BNSS 2023

When bail may be taken in case of non-bailable offence section 480,

When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained.

Without warrant by an officer in charge of a police station or appears or is brought before a Court.

Other than the High Court or Court of Session, he may be released on bail, but Discretion of court.

Report of Police officer on completion of investigation section 193 BNSS

  • (1)Every investigation under this Chapter shall be completed without unnecessary delay.

Investigation offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023

  • (2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023.
    • or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months, from the date on which the information was recorded by the officer in charge of the police station.
Cognizance of the offence on a police report
  • (3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate.
    • Magistrate empowered to take cognizance of the offence on a police report. A report in the form as the State Government may, by rules provide, stating:-
      • (a) the names of the parties;
      • (b) the nature of the information;
      • (c) the names of the persons who appear to be acquainted with the circumstances of the case;
      • (d) whether any offence appears to have been committed and, if so, by whom;
      • (e) whether the accused has been arrested;
      • (f) whether the accused has been released on his bond or bail bond;
      • (g) whether the accused has been forwarded in custody under section 190;
      • (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023.

(i) The sequence of custody in case of electronic device.

(ii) The police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim.
(iii) the officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

Superior officer of police has been appointed under section 177

(4) Where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order.

So directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.

Order for the discharge of such bond or bail bond

(5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond.

The Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit.

Police officer shall forward to the Magistrate along with the report

  • (6) When such report is in respect of a case to which section 190 applies, the police officer shall forward to the Magistrate along with the report:-
    • (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;
    • (b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses.
Statement is not relevant to the subject matter of the proceedings

(7) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings.

Or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest.

He shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part, from the copies to be granted to the accused and stating his reasons for making such request.

The police officer investigating the case shall also submit to the Magistrate
  • (8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230.
    • Provided that supply of report and other documents by electronic communication shall be considered as duly served.
Preclude further investigation in respect of an offence after a report under sub-section (3)
  • (9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate.
  • And, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary.
  • He shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide.
  • And the provisions of sub sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3).
    • Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.

Plea bargaining section 289 BNSS

(1) This Chapter shall apply in respect of an accused against whom—

  • (a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death.
    • Or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force. or
  • (b) A Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life.
    • or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227.

But does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child.

Substance of accusations section 274 BNSS

When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him.

And he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

  • Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge.

Conviction on pleading guilty section 275, 276 BNSS

If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.

Conviction on plea of guilty in absence of accused in petty cases

  • (1) Where a summons has been issued under section 229 and the accused desires to plead guilty to the charge without appearing before the Magistrate.
    • He shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons.
  • (2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine.
    • Or where an advocate authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the advocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.

Framing of charges section 263 BNSS

  • (1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter.
    • Which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him.
    • He shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
  • (2) The charge shall then be read and explained to the accused,
    • And he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

Discharge section 262 BNSS

  • (1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230.
  • (2) If, upon considering the police report and the documents sent with it under section 193 and making such examination.
    • If any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary.
    • And after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless.
    • He shall discharge the accused, and record his reasons for so doing.

Evidence of prosecution section 310 BNSS

Record in summons- cases and inquiries (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive).

And in all proceedings under section 491 otherwise than in the course of a trial.

The Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court.

Record in warrant-cases
  • (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
  • Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence.
  • (2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1).
  • (3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.
  • (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.

Statement section 351 BNSS Power to examine accused.

  • (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court—
    • (a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;
    • (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:
  • Provided that in a summons case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
  • (2) No oath shall be administered to the accused when he is examined under sub-section (1).
  • (3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
  • (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for,any other offence which such answers may tend to show he has committed.
  • (5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.

Judgement section 271 BNSS Acquittal or conviction

  • (1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
  • (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
  • (3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub section (7) of section 234 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:
  • Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).

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