Demystifying CRPC: Understanding and Navigating Criminal Procedure", Study notes of Criminal Law

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Topic - XVII Commencement of Proceedings before Magistrates and Committal of Cases to Court of Session ILthe Magistrate taking cognizance af an offance on a police report oF a complaint considers that there is sufticiont ground for proceading, ha shall issue procoss against the accused parson in the following) manner. 5) ithe case appear io be a summons case, fee shall issue his summons for tha attendanca- of tha accused; or 6) Whe case appasrs to be a warrant case, ho may issug a warrant, or if he thinks fit, @ summons for causing the accused ta be brought or to appar él 4 certain time befora such Magistrate or (if he has no jurisdiction himeott) some other Magistrate having jurisdiction (8. 204 (1}). When the accused appears or is brought before the Magisirais, he shall tumish to tha accused, free of cost, a copy of the following: () The patice report (0) The First Information Report (ii) ‘The Statements of prosecution witnesses recorded undar section 161 of the Code, (iv) Tha confession statamants rcadad under section 164 of the Code. If the case is ingtituied on a private complaint, the Magistrate shall Supply to the accused the statements recorded under section 200 of the complainant and witiesees and any other documents produced before the Magistrate on which the prosecution proposes to rely, Sommitial_ Proceedings [Ge0, 205) {10 the case instituted, on 2 police roport or otherwise, is axclusively tabla by the Court of Sesgions, the Magistrate shall, when the accusod 13 appears or Is brought before him, commit the case te the Court of Session for trial after supplying copies of all documents which the prosecution proposes to rely, The Magistrate shall send to he Coun of Sessions the record of the case and the documents and anicios which are to be produced in evidence. The Magistrate shall alee notily tha Public Presecuter of the commitment of the ease te the Court of Sossion. Topile - XIX “ What is meant by “Charge"? What are the rules governing of framing and alteration of Charge? A‘chamge" simply means an accusation, Ii signifies a formal accusation in writing agains! a person that he committed an offence. In all trints under the Cada the segueed ip to be Informed of tha Aceusation in the beginning itself. Im any trial of a warrant cast, whether it is before a Court of Sossion, or whether it is by a Magistrate, a floral charge in wriling bs oseential. Ina trial of a summons case or ina summary - thal 2 formal charge In writing is not essential. Instaad of @ femal charga, the substance of the accusation is to be stated to the accused, Form and Gonient_of Ghorae ‘Sections 211-214 daal with the contents of charge. According te these provisions: 1. Every charge shall state the offence with whieh the accused is charged. 2. iittho aw gives the offance any specific nama, the offence may be degeribed im the charge by that name only. For instance, if 4 is accused of ‘murter or ‘extortion’, the charge may siate thal A committad ‘murder’ ‘OF axiorion’ wilhout reference to the definition of these crimos_ 30