The Pre-Trial Stage Under The Code of Criminal Procedure - Step by Step Procedure - Ipleaders

3/28/24, 5:04 PM The pre-trial stage under the Code of Criminal Procedure : step by step procedure - iPleaders
The pre-trial stage under the Code of Criminal

Procedure : step by step procedure
By Shoronya Banerjee - November 26, 2021
This article is written by J Jerusha Melanie, pursuing Certificate Course in Introduction to

Legal Drafting: Contracts, Petitions, Opinions & Articles from LawSikho. The article has been
edited by Prashant Baviskar (Associate, LawSikho) and Zigishu Singh (Associate,
LawSikho).
Table of Contents
https://blog.ipleaders.in/pre-trial-stage-under-the-code-of-criminal-procedure-step-by-step-procedure/ 1/19
1. Introduction
2. The birth of a criminal case
2.1. Cognizable and non-cognizable offence
2.2. The steps involved in the pre-trial stage
2.2.1. STEP 1- Information to the Police
2.2.1.1. Information on cognizable offence
2.2.1.2. Information on non-cognizable offence
2.3. What if the police refuse to record the information?
2.3.1. STEP 2- Investigation
2.3.1.1. Report to the Magistrate
2.3.1.2. Proceed to the spot
2.3.1.3. Attendance of witnesses
2.3.1.4. Examination of witnesses
2.3.1.5. Prohibition on signing the recorded statements
2.3.1.6. Recording of confessions and statements
2.3.1.7. Medical examination of rape victims
2.3.1.8. Search by the police
2.3.1.9. Arrest of the accused
2.3.1.10. Release of accused if evidence insufficient
2.3.1.11. Forward of accused to Magistrate if evidence sufficient
2.4. What if the investigation is not complete in twenty-four hours?
2.4.1. STEP 3- Report of the investigation
2.4.1.1. Closure Report
2.4.1.2. Chargesheet
2.4.1.3. Contents of the Completion Report
2.4.1.4. End of the Pre-Trial Stage
2.4.1.5. Special protection to women victims
3. Conclusion
4. References
Introduction
The very purpose of a court is to render justice. In criminal cases, rendering justice comes
down to finding the truth. And the truth is what is sought in every trial. Now, finding the
truth is a mammoth task, and it is taken care of by the administrators of justice- the police,
the court, investigative agencies, etc. But the road to finding the truth and rendering justice
is long. So, the entire process is divided into three major stages- pre-trial, trial, and post-
trial stage. This article exclusively deals with the pre-trial stage of any criminal case, as
provided under the Code of Criminal Procedure (CrPC).
The birth of a criminal case

Every criminal case originates from the commission of an offence, and the legal proceedings
against it are kick-started when it is informed to the police, generally, by way of an
informant. The informant may be:
the victim,
someone on the victim’s behalf, or
anybody having information on the offense.
The offence may be either cognizable or non-cognizable.
Cognizable and non-cognizable offence

As defined under Section 2(c) CrPC, a cognizable offense is one in which a police officer may
arrest without a warrant. Contrarily, as per Section 2(l), a non-cognizable offense is one in
which a police officer has no authority to arrest without a warrant. If the information
received by the police relates to more than one offense out of which even one is cognizable,
the entire case is treated as a cognizable case.
The steps involved in the pre-trial stage
STEP 1- Information to the Police
Information on cognizable offence
If the information received by the police through the informant relates to any cognizable
offense, the officer in charge of the police station records it under Section 154 CrPC. The
informant can give the information in both oral and written form; if given orally, it should be
reduced to writing and read over to the informant. The informant gets a copy of the
recorded information free of cost.
This recorded piece of information received first-hand from the informant is called the First
Information Report (FIR).
The FIR is the first version of the incident as received by the police. It is vital for both the
investigation and corroboration of evidence, but it is not substantive evidence in itself. The
criminal law sets its motion upon the lodging of FIR.
Information on non-cognizable offence
Upon receiving the information, the Magistrate may take cognizance of it under Section 190
CrPC. If he takes cognizance, he examines the informant upon oath. The examination’s
substance is reduced to writing and signed by the informant and the Magistrate. After
examining, if the Magistrate finds sufficient grounds to investigate the case, he orders the
police to investigate under Section 156 and Section 202 CrPC; if not, he dismisses it. Once
the police receive the Magistrate’s order to investigate, they carry on with the case as if it
were a cognizable one, although they cannot arrest without a warrant.
What if the police refuse to record the information?

At times, the police may refuse to lodge an FIR. It may be either:
To avoid their workload, or
In the police officer’s opinion, no sufficient ground exists to enter into an investigation.
When the police refuse to enter into an investigation citing insufficient grounds, he gives a
written report stating the reasons for his refusal; the informant gets a copy of the same.
On refusal to lodge FIR, the informant has two options to set the criminal law into motion:
1. Send written information to the concerned Superintendent of Police (SP) under Section
154(3). If the SP is satisfied that the information discloses the commission of any
cognizable offense, he orders the police to investigate.
2. File a complaint directly to the Magistrate under Section 190 CrPC, which gets treated
like any information received on an NC offense under Section 190.
3. File a ‘Zero FIR‘ in a police station other than the one which refused to file FIR (Kirti
Vashisht vs State & Ors.). The station that files Zero FIR conducts any required medical
examination and transfers it to the police station having proper jurisdiction.
STEP 2- Investigation
Upon filing an FIR (in case of a cognizable offence) or receiving the Magistrate’s order (in
case of an NC offence), the officer in charge of the police station starts the investigation.
Under Section 2(h) CrPC, the police (not the Magistrate!), conduct the investigation to
collect evidence. The police have unhampered power to investigate under Section 157 CrPC,
any cognizable case, irrespective of any court’s order (Emperor v Nazir Ahmed).
The police can commence investigating a cognizable case right after the filing of an FIR.
However, for an NC case, the Magistrate’s order under Section 202 (read with Section 190
and 200) CrPC is required to commence the investigation.
Report to the Magistrate
Upon receiving information on a cognizable offense, the officer in charge of the police
station sends a preliminary report to the empowered Magistrate through a superior officer
appointed by the State Government.
Proceed to the spot
The officer in charge of the police station proceeds to the spot of the offense when:
1. He suspects the commission of a cognizable offense or
2. Receives the Magistrate’s order to investigate an NC case.
Proceeding to the spot is not mandatory if:
1. The case is not serious, and
2. The information is given against any person by name.
Attendance of witnesses
When the police officer suspects the acquaintance of any person (within certain limits) with
the case at hand, he gives a written order under Section 160 CrPC for that person to appear
before him; this is to facilitate the police to collect the required evidence. And the so-called
witness is duty-bound to oblige the order.
The order is a part of the investigation and doesn’t amount to harassment of the witness or
violation of Article 21 of the Constitution of India per se if reasonable grounds exist to
believe that the witness knows something about the offense (Sube Singh v State of
Haryana).
However, the following persons need not attend the police investigation at places other than
their residence:
1. Males under fifteen or above sixty-five years of age,
2. Women, and
3. Mentally or physically disabled persons.
Examination of witnesses
Usually, the police examine the witness orally and reduce the statements into writing. Every
witness’ statement is recorded individually in first-person form. It can be audio-video
recorded too.
The witness is legally bound to truly answer all the questions put forth to him during the
examination, except the ones that may expose him to any criminal consequence.
Prohibition on signing the recorded statements
No statement made by the witness to the police, recorded in writing while investigating, is
signed by him. Under Section 162(1) CrPC, such statements can be used by the accused or
the prosecution to contradict the witness under Section 145 of the Indian Evidence Act 1872
(Cross-examination as to previous statements in writing). Meaning, if the witness making
such statements-
comes as a ‘prosecution witness’ in the trial, then the accused can contradict him using
such statements;
comes as a ‘defense witness’ in the trial, then the prosecution can contradict him suing
such statements.
But it cannot be used for corroborating the evidence of a witness in the court (Sat Paul v
Delhi Administration). Also, no police officer should directly or indirectly induce, threaten, or
promise while investigating.
Recording of confessions and statements
A confession made by the accused to the police is inadmissible in evidence under the Indian
Evidence Act 1872. However, Section 164 CrPC provides the exception that such a recording
must fulfil the following conditions to be admissible in evidence:
1. Only a Metropolitan Magistrate or Judicial Magistrate (with or without having jurisdiction

in the case) must record the confession or statement during the investigation;
2. The recording Magistrate must be satisfied that the confession is voluntary;
3. The Magistrate must warn before recording the confession that the accused is not legally
bound to confess.
4. If the confession is recorded by audio-video means also, then the presence of the
accused’s advocate is required;
5. The recording must satisfy Section 281 CrPC.
Medical examination of rape victims
While investigating an alleged commission or attempt of rape, the victim (if consents) goes
through a medical examination by a registered medical practitioner employed in a
government hospital within 24 hours from the information’s reception. The medical
examination enables the police to get crucial information on the offense, including the
offender’s identity. The medical practitioner prepares a report of the examination and
forwards it to the investigating officer.
Search by the police
The officer in charge of a police station can search any place within the limits of his station
to find something necessary for investigating if:
1. Reasonable grounds exist that it may be found in that place; and
2. He opines that it is obtainable only without undue delay.
The officer records in writing such reasonable grounds before the search, a copy of which is
sent to the nearest empowered Magistrate. The search must satisfy Section 100 CrPC,
which mandates:
1. Presence of minimum two independent search witnesses and the occupant of the
searched area, and
2. Making of a list of items seized during the search, signed by the search witnesses.
When the suspected place is outside the limits of the investigating officer’s police station, he
asks the police officer of the station under whose limit the place falls to issue a search
warrant.
Arrest of the accused
While investigating an NC case, if an arrest is felt necessary, the court issues an arrest
warrant under Section 70 CrPC, directing any police officer to arrest the accused.
However, while investigating a cognizable case, the police officer arrests without an arrest
warrant under Section 41 CrPC, any person against whom:
A reasonable complaint is filed,
Credible information is received, or
Reasonable suspicion rises that he committed a cognizable offense punishable with

imprisonment up to seven years, fine, or both.
If an immediate arrest is not needed, the officer issues a notice to appear before him at a
given time and place, to which the accused is legally bound to oblige. If he fails to oblige,
then an arrest is expedient. Any accused arrested by the police with a warrant must be
produced before the Magistrate within twenty-four hours of arrest.
Release of accused if evidence insufficient
Within the twenty-four hours of arrest, the accused is released on executing a bond
with/without sureties under Section 169 CrPC that he will appear before the Magistrate
whenever required, if:
the investigation is complete within 24 hours of arrest, and no firm evidence exists
against the accused, and
The officer opines that no reasonable ground exists to produce the accused before the
Magistrate or prolong the detention.
The police record the release in a ‘Closure Report’.
Forward of accused to Magistrate if evidence sufficient
If the investigation is complete within 24 hours of the arrest and sufficient evidence exists
against the accused, under Section 170 CrPC the police will:
Forward him to the empowered Magistrate, or
If the offense is bailable, release him after taking security for his appearance before the
Magistrate.
What if the investigation is not complete in twenty-four

hours?
The police cannot detain anyone who is arrested without a warrant for more than 24 hours
(Section 57 CrPC); such detention exceeding 24 hours amounts to illegal arrest and
violation of Article 22(2) of the Indian Constitution. But no investigation can be practically
completed within 24 hours. Section 167 CrPC provides the solution to the dilemma as to
what to do with the detained accused.
Under the above circumstances, the police forward the accused to the nearest Judicial
Magistrate, along with a copy of the investigation diary maintained under Section 172
CrPC.
Such a Magistrate can extend the police custody for 15 days. After that, the accused is
forwarded to the Magistrate having jurisdiction over the case, who can order any further
detention (except police custody!) for the following period:
Ninety days (for any alleged offense punishable with death, imprisonment for life or for a
term not less than ten years);
Sixty days (for any other offense)
After the extended period, the accused is released on bail if he furnishes it.
STEP 3- Report of the investigation

After investigating, the subordinate officer involved in the investigation submits a report
under Section 168 CrPC to the officer in charge of the police station, who further forwards a
Completion Report to the Magistrate under Section 173 CrPC. The Completion Report is of
two types- Closure Report and Charge sheet.
Closure Report
Closure Report is the Completion Report forwarded by the police to the Magistrate when the
accused is found innocent due to lack of sufficient evidence and released on a bond under
Section 169 CrPC. Upon its reception, the Magistrate either dismisses the case under
Section 203 CrPC on the ground of insufficient evidence or takes its cognizance under
Section 204 CrPC.
Chargesheet
Chargesheet is the Completion Report forwarded by the police to the Magistrate when
sufficient evidence exists against the accused. This report is commonly called the ‘challan’.
Contents of the Completion Report
1. Parties’ names,
2. Nature of the information,
3. Witnesses’ names,
4. Possibility of the offense,
5. Accused’s name,
6. Whether the accused is arrested,
7. Whether he is released on his bond,
8. Whether he is forwarded in custody under Section 170,
9. Any records of statements and confessions, or relevant documents,
10. Medical examination of any victim woman under Section 164A, etc.
The informant is informed of the submission of the completion report to the Magistrate.
End of the Pre-Trial Stage
The Pre-Trial stage ends when the police submit the Completion Report to the Magistrate.
Next, the Trial stage starts once the Magistrate takes cognizance of the case by issuing the
process for proceedings under Section 204 CrPC.
Special protection to women victims
Throughout the Pre-Trial stage, the victims of offenses under Sections 354, 354A, 354B,
354C, 354D, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376 DB, 376E, or 509 CrPC are
specially protected in the following way:
1. If the woman victim is the informant, the information is recorded by a woman police
officer;
2. If such victim is physically or mentally disabled, the information is recorded by the police
at a place of the informant’s convenience;
3. Woman victims’ statements are recorded by a woman police officer, by audio-video

means as well.
4. The time limit for investigating such offenses- 2 months.
Conclusion
The pre-trial stage of any criminal case primarily revolves around the police. The police
investigation forms the basis of every criminal case; it establishes the initial direction of the
case. The lives of the accused and victim lie essentially upon how the investigation drives
the trial. Considering the weight of its consequence, it is imperative to conduct it with the
utmost diligence and care. At the end of 2020, a whopping number of 2134975 cognizable
cases were pending investigation, out of which 87599 were pending for more than three
years! Time decreases the possibility of finding the truth, and so does ignorance. Wipe out
ignorance; let justice prevail!
References
1. Indian Kanoon – Search engine for Indian Law
2. Crime in India 2020, National Crime Records Bureau
3. THE CODE OF CRIMINAL PROCEDURE, 1973
4. THE INDIAN EVIDENCE ACT, 1872
5. THE INDIAN PENAL CODE, 1860
6. Ratanlal and Dhirajlal’s The Code of Criminal Procedure 23rd Edition
7. https://www.humanrightsinitiative.org/publications/police/fir.pdf
8. https://www.legalserviceindia.com/legal/article-4370-zero-fir.html
9. https://bvpnlcpune.org/Article/Police%20Investigation%20and%20Closure%20Reports-
Prof%20_Dr_%20Mukund%20Sarda.pdf
10. https://www.law.cornell.edu/wex/corroborating_evidence#:~:text=Corroborating%20eviden
conviction.
11. https://lexlife.in/2020/06/28/explained-what-is-a-charge-sheet/
12. TABLE 17A.5.xlsx (ncrb.gov.in)
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3/28/24, 5:04 PM The pre-trial stage under the Code of Criminal Procedure : step by step procedure - iPleaders

The pre-trial stage under the Code of Criminal

This article is written by J Jerusha Melanie, pursuing Certificate Course in Introduction to

The birth of a criminal case

someone on the victim’s behalf, or

anybody having information on the offense.

The offence may be either cognizable or non-cognizable.

Cognizable and non-cognizable offence

The steps involved in the pre-trial stage

STEP 1- Information to the Police

Information on cognizable offence

Information on non-cognizable offence

What if the police refuse to record the information?

To avoid their workload, or

Report to the Magistrate

Proceed to the spot

1. He suspects the commission of a cognizable offense or

2. Receives the Magistrate’s order to investigate an NC case.

Proceeding to the spot is not mandatory if:

1. The case is not serious, and

2. The information is given against any person by name.

1. Males under fifteen or above sixty-five years of age,

3. Mentally or physically disabled persons.

Prohibition on signing the recorded statements

Recording of confessions and statements

1. Only a Metropolitan Magistrate or Judicial Magistrate (with or without having jurisdiction

2. The recording Magistrate must be satisfied that the confession is voluntary;

5. The recording must satisfy Section 281 CrPC.

Medical examination of rape victims

Search by the police

1. Reasonable grounds exist that it may be found in that place; and

2. He opines that it is obtainable only without undue delay.

Arrest of the accused

A reasonable complaint is filed,

Credible information is received, or

Reasonable suspicion rises that he committed a cognizable offense punishable with

Release of accused if evidence insufficient

whenever required, if:

The police record the release in a ‘Closure Report’.

Forward of accused to Magistrate if evidence sufficient

Forward him to the empowered Magistrate, or

What if the investigation is not complete in twenty-four

Sixty days (for any other offense)

STEP 3- Report of the investigation

Contents of the Completion Report

2. Nature of the information,

4. Possibility of the offense,

6. Whether the accused is arrested,

7. Whether he is released on his bond,

8. Whether he is forwarded in custody under Section 170,

9. Any records of statements and confessions, or relevant documents,

End of the Pre-Trial Stage

Special protection to women victims

3. Woman victims’ statements are recorded by a woman police officer, by audio-video

4. The time limit for investigating such offenses- 2 months.

2. Crime in India 2020, National Crime Records Bureau

3. THE CODE OF CRIMINAL PROCEDURE, 1973

4. THE INDIAN EVIDENCE ACT, 1872

5. THE INDIAN PENAL CODE, 1860

6. Ratanlal and Dhirajlal’s The Code of Criminal Procedure 23rd Edition

12. TABLE 17A.5.xlsx (ncrb.gov.in)

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