4/12/24, 9:26 PM The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and

The Bench And The Bar [Q and A-Part-II]

Listen to this Article
The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar
[Q and A-Part-II]
Justice V Ramkumar
17 Mar 2024 11:00 AM

“POLICE REPORT”

Q.7 What is a “Police Report” ?

Ans. A “Police Report” as defined under Section 2 (r) Cr.P.C. is the “final report” filed under Section 173 (2)
Cr.P.C. by a Police Officer after the conclusion of investigation under Chapter XII Cr.P.C.

A case can be instituted before a Magistrate either by means of a “police report” or by means of
a “complaint” as defined under Section 2 (d) Cr.P.C.

Also Read - NDPS Act | Officer Must Mandatory Record In Writing Reasons For Arrest/Search As Per S.41(2), Violation
Will Vitiate Trial : Supreme Court

A “police report” can be in the form of a “charge-sheet” if after “investigation”, the SHO has been able to
collect sufficient evidence to place the accused for trial before the Magistrate having jurisdiction. A “police

https://www.livelaw.in/top-stories/police-report-private-complaint-criminal-procedure-code-252520 1/3
4/12/24, 9:26 PM The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-II]

report” can also be in the form of a “refer report”, if after “investigation” the SHO has not been able to
collect sufficient evidence to place the accused for trial.

“COMPLAINT” (private complaint)

Also Read - Breaking: Delhi Court Remands BRS Leader K Kavitha To CBI Custody Till April 15 In Liquor Policy Case

Q.8 What is a “complaint”?

Ans. A “complaint” is defined under Section 2 (d) Cr.P.C. which, excluding the Explanation thereto, reads as
follows :-

(d) “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking
action under this Code, that some person, whether known or unknown, has committed an offence, but does not
include a Police Report.

Also Read - Liquor Policy Case: Delhi Court Seeks ED, CBI Response On Manish Sisodia's Plea Seeking Interim Bail To
Campaign For Lok Sabha Polls

A case can be instituted before a Magistrate also by means of a “complaint” which is usually called a “private
complaint”. In the case of a “non-police officer” invested with the power of investigation under a statute, he,
after investigation ordinarily submits a “complaint” before the appropriate Criminal Court. A private
individual also can institute a “complaint” before a Magistrate. But, since the private individual does not
possess any power to conduct investigation, the law expects him to produce along with his “complaint” all the
supporting documents to substantiate his allegations.

Also Read - S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else
Had Information About It : Supreme Court

The procedure for taking cognizance of an offence by means of a “complaint” culminating in the dismissal of
such complaint, is dealt with in Chapter XV Cr.P.C. comprising of Section 200 to 203 Cr.P.C.

Q.9 An SHO, after registering an FIR and after conducting an investigation into a “cognizable
case” alleging Section 323 IPC (voluntarily causing hurt – a non-cognizable offence) and Section
341 (wrongful restraint – a cognizable offence) discovers after investigation that the offence of “wrongful
restraint” was not committed and that the only offence committed was “voluntarily causing hurt”. Since
the FIR was registered and investigation was conducted without the order of the Magistrate under
Section 155 (2) Cr.P.C., what is the way out for the SHO who has filed a “final report” under Section 173
(2) Cr.P.C. ?

https://www.livelaw.in/top-stories/police-report-private-complaint-criminal-procedure-code-252520 2/3
4/12/24, 9:26 PM The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-II]

Ans. This is a case falling under the Explanation to Section 2 (d) Cr.P.C. The “Report” filed by the SHO can be
treated as a “complaint” and the SHO can be treated as the “complainant”. The Magistrate can take
cognizance of the offence on such report which is deemed to be a “complaint”.

But if the offence alleged even in the “information” given to the SHO was a “non-cognizable offence” and the
SHO discovered this after completing the investigation Explanation to Section 2 (d) will not come to the rescue
of the SHO since the investigation conducted by him was without the order of the Magistrate under Section 155
(2) Cr.P.C. The Magistrate could not, therefore, take cognizance of the offence upon the report submitted on
completion of such unauthorized investigation. (Vide Keshav Lal Thakur v. State of Bihar (1996) 11 SCC 557
– M. K. Mukherjee, S. P. Kurdukar – JJ.)

DIFFERENT STAGES OF A CASE BEFORE A CRIMINAL COURT

Q.10 What are the different stages of a case coming up before a criminal Court?

Ans. The various stages of a case before a criminal court can be broadly divided into three, namely, :-

(i) The stage of “initiation of proceedings” – Chapter XIV Cr.P.C. – Sections 190 to 199

(ii) Commencement of proceedings – Chapter XVI Cr.P.C. – Sections 204 to 210

(iii) The trial proper.

https://www.livelaw.in/top-stories/police-report-private-complaint-criminal-procedure-code-252520 3/3