pretrialstage – Advocates Chamber

Pre-Trial Stage

What is an Offence

The term “Offence” has been defined in section 40 of IPC,1860 and section 2(24) of the Bharatiya Nyaya Sanhita.2023. Which denotes an act or omission punishable by the codes. IPC, POCSO, Arms, PWDV etc.

As per the seriousness of Offence it has been divided into Cognizable or Non-Cognizable Offences.

For the purpose of granting of Bail, the offences have been divided into Bailable or Non-Cognizable Offences.

As per the Plea Bargaining, the Offences are further divided into compoundable or non-compoundable.

Reporting of Crime

it is the mandatory duty of every citizen of this country to lodge an FIR against the commission of the cognizable offence as per the rule of law and the same is re-iterated by the Bombay High Court in the recent case if ex. Commissioner of Police, Mumbai PARAMVEER SINGH VS STATE OF MAHARASTRA, 2021 and it is the mandatory duty of the police officer to register the same as per section 154(1) of the CrPc.,1973 and as per the guidelines of the apex court in the landmark case of Lalita Kumari Vs State of UP., WP Crl. 68/2008. we are free to lodge the same as he is NOT ABOVE THE LAW.

A crime can be reported by the victim and informant: Hasib Vs State of Bihar, (1972) 4 SCC 773

First Information Report

FIR shall be registered by the officer in charge of police station in the case of reporting of the cognizable offence u/s 173(1) of BNSS-2023.

For FIR shall also be registered for non-cognizable offence u/s 174.

The purpose of the registration of FIR is to set the criminal machinery in motion.

Registration of FIR is mandatory as per the guidelines of the apex court issued in the case of Lalita Kumari Vs Station of UP,2014.

None registration of FIR is the offence u/s 199 of BSN-2023. It is also a contempt of court, Department proceeding can be initiated agaisnt the erring officer.

FIR cannot be registered as a tool of harassment and to settle the civil score. Commissionerate Police Vs Devender Anand & Ors., Supreme court , Crl. Appeal No. 834 of 2017

Crime Detection

Inquiry and investigation are conducted to detect crime, accused, co-accused, weapon of crime etc.

Section 176 of BNSS-2023 provides for the procedure for Investigation.

Evidences are not made but collected from where it is available.

It is the duty of the Investigating agencies like police, CID, ANI, CBI etc. to investigate the crime and collect the evidence.

SIT can be constituted to investigate a case.; section -33 of CrPc.,1973

Inquiry & Investigation

Every Crime should be book, investigated, prosecuted and punished as per the rule of law. Free and fair Investigation of the fundamental rights of both the accused and the victim crafted in Article 21 of the COI.

Investigation should be concluded withing 24 hours. S-58. If not possible then within 60 and 90 days. s-187-BNSS-2023.

Investigation includes collection of evidence from where it is available.
Examination of Witness.
Recording of Statement of Witness u/s 180
Recoding of Confession or Statement of the Accused u/s 183.
Medical Examination of Accused & Victim & collection of MLC.
Obtaining expert opinion
Discovery of Fact u/s 23 ( proviso) of BSA-2023.
Search & Seizure
Arrest or release of the accused

Report of Investigation

When any subordinate police office has made any investigation under this Chapter, he shall report the result of such investigation to the officers in charge of the police station.

Section 173(4) of the BNSS-2023

Section 176 of the BNSS-2023.

Report of Police

S-193 of the BNSS-2023 mandates of the submission of Report of Police after the conclusion of the Investigation without unnecessary delay.

Investigation related to the sexual offence be completed within two months otherwise 60 or 90 days – Police Circular Order No.248/1982

Filling of Police report stops the investigation if further investigation not directed.

S-194 mandates for the enquiry & report in case of suicide, accidental or suspicious death.

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