Module 7

COMMENCEMENT OF JUDICIAL
PROCEEDING
Course Faculty
Prof. Ashiv Choudhary
Asst. Prof.
Commencement of Judicial Proceedings
• Cognizance of offences by magistrates
• Magistrate’s power to order further investigation post-
cognizance
• Procedure relating to private complaint cases
• Committal of cases to Sessions Court
• Sessions Court’s power to summon additional accused
Commencement of Judicial Proceedings
Relevant statutory provisions
1. CrPC – Ss 190, 192-193, 200-205, 207-209
2. BNSS – Ss 230, first proviso to Sec 223, provisos to 232, proviso
to 193(9)

Mandatory readings
1. HS Bains v. UT of Chandigarh (1980) 4 SCC 631
2. Vinubhai Malaviya v. State of Gujarat (2019) 15 SCR 936
3. Kishun Singh v. State of Bihar (1993) 2 SCC 16
 Chapter 14 – Conditions Requisite
For Initiation Of Proceedings
Sec (190 -199)

Section 190 – Cognizance of offences by Magistrates

Section 191 – Transfer on application of the accused
Section 192 – Making over of cases to Magistrates
Section 193 – Cognizance of offences by Courts of Session
Section 194 – Additional and Assistant Sessions Judges to try cases made over to them
 Cognizance
Meaning
• Taking notice of
• Taking judicial notice by competent court of a cause or matter presented before it so as to decide whether there is
basis for initiating proceedings for judicial determination. [Subramanian Swamy v. Manmohan Singh, (2012) 3 SCC 64]
• The decision to initiate the judicial proceeding.
 Cognizance

DIFFERENCE BETWEEN TAKING COGNIZANCE OF A CASE AND INITITATION OF PROCEEDING?

• Cognizance is the condition precedent to the initiation of proceedings by the Magistrate.
• At the stage of taking of cognizance of offence, the court has only to see:
1. whether there is sufficient ground for proceeding or whether prima facie there are reasons for issuing the process
2. whether the ingredients of the offence are there on record. [Nupur Talwar v. CBI, (2012) 2 SCC 188.]
 Cognizance
When a complaint is filed, the magistrate is deemed to have taken cognizance when:
They apply their mind to the complaint for the purpose of proceeding with the complaint u/ 200-203
(examination of complaint, postponement of issue of process, etc.

When a complaint is filed, the magistrate is deemed not to have taken cognizance when:
They apply their mind to the complaint not for any such purpose but only for the purpose of ordering an
investigation u/s 156(3) or for issuing a search warrant u/s 93.
 Section 190 – Cognizance of offences by Magistrates

Magistrate who can take cognizance of offence:

1. Magistrate of the first class, and
2. Magistrate of the second class, only when CJM specially empowers them. [S. 190(2)]

Cognizance can be taken upon: [S. 190(1)]

3. Receiving a complaint of facts which constitute such offence;
4. A police report of such facts;
5. Information received from any person other than a police officer, or upon
magistrate’s own knowledge, that such offence has been committed.
Section 190 – Cognizance of offences by Magistrates

Can a cognizance be taken by a judge suo moto?

Only magistrate and not any other judge
Abhinandan Jha v. Dinesh Mishra AIR 1968 SC 117

Facts
Petitioners lodged an FIR informing that they saw the house burning and the
accused running away from the scene. Police investigated and submitted final
report indicating the offence complained to be false. Petitioners filed protest
petition. Magistrate perused police and heard both counsels and directed
police to submit charge sheet.
Abhinandan Jha v. Dinesh Mishra AIR 1968 SC 117

Issue – Whether the magistrate can direct the police to submit a

charge-sheet when the police had submitted a final report
indicating that no case has been made out against accused?
 Protest Petition

Meaning
Petition against a police report filed before the court once the investigation is made by
the police to protest against the report submitted by the police.

Who can file?

A victim or complainant can file to question the report made by police subsequent to
investigation.
 Protest Petition

Stage and Procedure?

When OIC sends a Closure report to the concerned Magistrate u/s 173(2). Such
Magistrate is not bound to accept the Closure report submitted by the police.
If the protest petition is filed after the closure report is submitted, three options are
available to the Magistrate:
1. Accept the Closure report and reject the protest petition.
2. Accept the Closure report and consider the petition as a complaint, following
Section 200 and 202 of CrPC. (Court still has doubt and would want to examine
the complainant/witness first before calling the accused)
3. Reject the Closure report and take cognizance of the protest petition under Section
190 of CrPC.
 Protest Petition

Notify the Informant about not taking congnizance

In a case where the Magistrate decides:
not to take cognizance of the offence and
1. to drop the proceeding or
2. takes the view that there is no sufficient ground for proceeding against some of the
persons mentioned in the first information report,
The Magistrate must give notice to the informant and provide him an opportunity to be
heard at the time of consideration of the report.
 Protest Petition

Considering Protest Petition as Complaint?

If the protest petition fulfills the ingredients of a complaint under Section 2(d), he takes
cognizance of the protest petition, and may direct further investigation under Section
156(3)
By following the procedure enumerated in Section 200 of the CrPC, the Magistrate
examines the victim and if he feels that the victim is rightly unsatisfied and the complaint
is substantive, he may order a fresh investigation of the case.
Abhinandan Jha v. Dinesh Mishra AIR 1968 SC 117

Issue – Whether the magistrate can direct the police to submit a

charge-sheet when the police had submitted a final report
indicating that no case has been made out against accused?
 Abhinandan Jha v. Dinesh Mishra AIR 1968 SC 117

Held – No
There is no power, expressly or impliedly conferred, on a Magistrate to call upon the
police to submit a charge-sheet, when they have sent a report u/s 169.
If the Magistrate feels, that the investigation is unsatisfactory, or incomplete, or that
there is scope for further investigation, it will be open to the Magistrate to decline to
accept the final report and direct the police to make further investigation u/s 156(3).
The police, after such further investigation, may submit a charge-sheet or again submit a
final report, depending upon the further investigation made by them.
If, ultimately, the Magistrate forms the opinion that the facts, set out in the final report,
constitute an offence, he, can take cognizance of the offence u/s 190(1) (c), irrespective
of the contrary opinion of the police, expressed in the final report.
Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537

Facts – Victim was allegedly burned by her husband and his parents on account of dowry.
CBI investigated the matter and submitted final report indicating no offence appeared to have been
committed. The father of victim requested that he should be heard by the magistrate before deciding on the
final report.
Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537

Issue – Whether a Magistrate can after accepting the final report where no offences
are made, acquit the accused and drop the proceedings without issuing notice to the
first informant or to the injured or in this case the relatives of the deceased?
•Bhagwant Singh v. Commissioner
of Police (1985) 2 SCC 537

Judgement
 Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537

Judgement
• Informant - Yes
"In a case where the Magistrate to whom a report is forwarded u/s 173(2)(i) decides not to take
cognizance of the offence and to drop the proceeding or takes the view that there is no
sufficient ground for proceeding against some of the persons mentioned in the First Information
Report, the Magistrate must give notice to the informant and provide him an opportunity to be
heard at the time of consideration of the report."

• Anyone other than informant?

Injured Person or Relative – No
"The injured person or any relative of the deceased, though not entitled to notice from the
Magistrate, has locus to appear before the Magistrate at the time of consideration of the report,
if he otherwise comes to know that the report is going to be considered by the Magistrate and if
he wants to make his submissions in regard to the report, the Magistrate is bound to hear him."
 Section 191 – Transfer on application of the accused

When the magistrate takes cognizance of an offence u/s 190(1),

Accused has a right to be informed that he is entitled to have the case:
• Enquired or tried by another magistrate before the evidence is taken
And If the accused objects to further proceeding before magistrate taking cognizance,
the case shall be transferred.

The case will be transferred by?

• Chief Judicial Magistrate

Whether the application of transfer can be refused by the magistrate?

 Section 191 – Transfer on application of the accused

Whether the application of transfer can be refused by the magistrate?

 Section 192 – Making over of cases to Magistrates

Which court is empowered to transfer cases after taking cognizance of the case?
Any Chief Judicial Magistrate may transfer case for inquiry or trial to any competent
Magistrate subordinate to him.
Any Magistrate of the first class may, transfer case for inquiry or trial to such other
competent Magistrate as the Chief Judicial Magistrate may specify.

Making over vs Commital?

Commital – Transfer of case from Magistrate to court of Session.
 Section 193 – Cognizance of offences by Courts of Session

Can a session court take cognizance of any offence under its original jurisdiction?
No, unless the case has been committed to it by a Magistrate under this Code.

Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as
a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.
 Kishun Singh v. State of Bihar (1993) 2 SCC 16

Facts – FIR was lodged naming 20 person including two appellants as attackers of victim who died in the occurrence.
Police submitted its investigation naming 18 people only as offenders. Magistrate committed those 18 persons to
Session court for trial.
Application u/s 319 was filed praying those 2 appellants to be summoned and added. They appeared and contended
alibi. Court rejected and impleaded them as co accused before any evidence was recorded i.e before trial
commencement.
 Kishun Singh v. State of Bihar (1993) 2 SCC 16

Section 319 – Power to proceed against other persons appearing to be guilty of offence
• Where, in the course of any inquiry into, or trial of, an offence, it appears from the
evidence that any person not being the accused has committed any offence for which
such person could be tried together with the accused, the Court may proceed against
such person for the offence which he appears to have committed.
 Kishun Singh v. State of Bihar (1993) 2 SCC 16

Issue - Whether a Court of Session to which a case is committed for trial by a Magistrate can,
without itself recording evidence, summon a person not named in the Police Report presented
u/s 173 to stand trial along with those already named therein, in exercise of power u/s 319?
 Kishun Singh v. State of Bihar (1993) 2 SCC 16

Held – The Court cannot summon u/s 319 but u/s 193
• "The two alternative modes in which the Criminal Law can be set in motion are:
• by the filing of information with the police under Section 154 of the Code or upon receipt of a complaint or
information by a Magistrate. The former would lead to investigation by the police and may culminate In a police report
under Section 173 of the Code on the basis whereof cognizance may be taken by the Magistrate under Section
190(1)(b) of the Code.
• In the latter case, the Magistrate may either order investigation by the police under Section 156(3) of the Code or
himself hold an inquiry under Section 202 before taking cognizance of the offence under Section 190(1) (a) or (c), as the
case may be, made with Section 204 of the Code.
• Once the Magistrate takes cognizance of the offence he may proceed to
o try the offender (except where the case is transferred under section 191)
o or commit him for trial under Section 209 of the Code if the offence is triable exclusively by a Court of Session.

• Once cognizance of an offence is taken It becomes the Courts duty to find out who the offenders really are and if the Court
finds that apart from the persons sent up by the police some other persons am involved, It Is his duty to proceed against
those persons by summoning then because 'the summoning of the additional accused is part of the proceeding
initiated by his taking cognizance of an offence."
 Kishun Singh v. State of Bihar (1993) 2 SCC 16

Held – The Court cannot summon u/s 319 but u/s 193
The sweep of Section 319 is limited, which can be invoked at post-cognizance stage if
evidence surfaces in the course of an inquiry or a trial disclosing the involvement of a
person not named by the investigating agency.
In the present case, since the trial had not commenced and the prosecution had not led
any evidence, the stage for the exercise of the power u/s 319 had not reached.
However, since the Court of Session had the power u/s 193 to summon the appellants as
their involvement in the commission of the crime prima facie appeared from the record
of the case, we see no reason to interfere with the impugned order as it is well-settled
that once it is found that the power exists, the exercise of power under a wrong
provision will not render the order illegal or invalid.
Appeal dismissed.
Section 194 – Additional and Assistant Sessions Judges to try cases made over to them

When?
1. Sessions Judge by general or special order, make over to them for trial or
2. When High Court may, by special order, direct him to try

Can appeals be transferred to them?

No, because the word ‘case’ does not include appeals
 Chapter 15 – Complaints To Magistrates

Section 200 – Examination of complainant

Section 201 – Procedure by Magistrate not competent to take cognizance of the case
Section 202 – Postponement of issue of process
Section 203 – Dismissal of complaint
 Complaint

• Meaning
• grievance

• Definition of Complaint - Sec 2(d) Crpc

• Complaint means any allegation made orally or in writing
• To a magistrate,
• With a view to this taking action under this code,
• That some person, whether known or unknown, has committed an offence,
• But it does not include police report.
• Exception
• Reports made by a police officer under section 195(1)(a) are complaint and not police reports.
• Sec 195(1) of Crpc – Sec 172-188 of IPC can be taken cognizance of if it is made by police officer.
 Complaint

• Complaint to Magistrate
• Under section 200 of Crpc

• Complaint to Police (Not Deemed Complaint under Crpc)

• Information regarding commission of offence under section 154 of Crpc (FIR)
 Form of Complaint

• Can the complaint be made only by the victim/injured party?

• A complaint need not necessarily be made by the person injured but by any
person aware of the offence.

• Is it important to name the accused person or persons in a complaint?

• No

• Is it important to specify the section of the law?

• One need not set the particular section of the offence
• The mention of wrong section does not vitiate the character of the complaint.
 Difference between FIR and Complaint

• Meaning:
• FIR is a written document prepared by the police where police gets information about the
crime for the first time (Sec 154)
• Whereas Complaint is a formal written document prepared by the complainant to
the magistrate. (Sec 200)
• Form:
• FIR is always in writing.
• Complaint can be oral or written.
• To Whom:
• FIR is registered by the on-duty police officer, concerning an offence by any person
• Whereas a complaint is a form of appeal made to the magistrate, concerning an offence and
making a request for justice.
• Offence:
• FIR is for cognizable offence.
• Complaint is for cognizable as well as non-cognizable offence.
 Difference between Complaint and Application

• Author
• Complaint is made by complainant whereas application is made by either party or
their counsel.
• Offence
• Complaint is concerning an offence whereas it is not so in case of application.
• Law
• Complaint arises under substantive law whereas application arises under procedural law
• Authority
• Complaint is preferred to a Magistrate whereas an application is preferred to a
Magistrate or Court
• Purpose
• Punish the accused versus seeking relief under the procedure.
 Section 200 – Examination of complainant

A Magistrate shall examine the complainant and the witnesses upon oath and the
substance of such examination shall be reduced to writing and shall be signed by the
complainant and the witnesses, and also by the Magistrate.

Exception when the Magistrate need not examine the complainant and the witnesses:
1. If a public servant acting in discharge of his official duties or
2. A Court has made the complaint; or
3. If the Magistrate transfers the case for inquiry or trial to another Magistrate under
section 192 after examining the complainant and the witnesses already.
 Section 223 – Examination of complainant (BNSS)

(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the
complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and
shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of
being heard:
Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the
witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint;
or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212:
Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the
complainant and the witnesses, the latter Magistrate need not re-examine them:
(2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been
committed in course of the discharge of his official functions or duties unless—
(a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged;
and
(b) a report containing facts and circumstances of the incident from the officer superior to such public servant is
received.
 Section 201 – Procedure by Magistrate not competent to take cognizance of the case

If complaint is in writing:
Then return it for presentation to the proper Court with an endorsement to that effect.

If the complaint is not in writing:

Direct the complainant to the proper Court.
 Section 202 – Postponement of issue of process

Any Magistrate, on receipt of a complaint of an offence shall postpone the issue of

process against the accused and either:
1. Inquire into the case himself whereby they may take evidence of witness in oath or
2. Direct an investigation to be made by a police officer or by such other person as he
thinks fit
For the purpose of deciding whether or not there is sufficient ground for proceeding:
 Section 202 – Postponement of issue of process

No such direction for Investigation shall be made-

1. When the offence is triable exclusively by the Court of Sessions [1st Proviso of 202(1)] or
2. Unless the complainant and the witnesses present (if any) have been examined on oath
under section 200.

Investigation By Person not being Police

If an investigation is made by a person not being a police officer, he shall have for that
investigation all the powers conferred by this Code on an officer in charge of a police station
except the power to arrest without warrant.
Accused Residing Outside Jurisdiction
This postponement can also be done in a case where the accused is residing outside
magistrate’s jurisdiction.
 Vinubhai Malaviya v. State of Gujarat (2019 14
SCALE 1)

Facts – The accused (legal heir and accomplice of

previous land owner) tried to grab land from its
current owners by making forged agreement to sell
and power of attorney. Investigation was
conducted and charge-sheet was submitted to
magistrate. Magistrate took cognizance and
summoned the accused. The accused filed
application requesting for further investigation u/s
173(8). Magistrate dismissed the same stating that
the facts placed by the applicants were in the
nature of defence evidence which would be taken
in trial.
 Vinubhai Malaviya v. State of Gujarat
(2019 14 SCALE 1)

Issue – Whether, the Magistrate has the

power to order further investigation u/s
173(8) after a charge-sheet is filed by the
police u/s 173, and if so, up to what stage
of a criminal proceeding.
 Vinubhai Malaviya v. State of Gujarat (2019 14 SCALE 1)

Held – Yes
“Investigation” ordered u/s 156(3) is very wide. It even includes “further investigation”
u/s 173(8)
Because “investigation” referred u/s 156(3) would, as per the definition of “investigation”
under Section 2(h), include all proceedings for collection of evidence conducted by a police officer;
which would undoubtedly include proceedings by way of further investigation under Section 173(8) of
the CrPC.
The “investigation” spoken of in Section 156(3) would embrace the entire process, which
begins with the collection of evidence and continues until charges are framed by the
Court, at which stage the trial can be said to have begun.
 Section 203 – Dismissal of complaint

If the magistrate is of the opinion that there is no sufficient ground for proceeding after
considering:
1. The statements of the complainant and the witnesses and
2. The result of the inquiry or investigation under section 202

• Magistrate shall briefly record reasons for so doing.

• Failure to Pay Processing Fee
• The Magistrate can also dismiss the complaint if the processing fee is not paid properly and this
ground of dismissal is mentioned in Section 204.
 Chapter 16 – Commencement Of
Proceedings Before Magistrates
Section 204 – Issue of process
Section 205 – Magistrate may dispense with personal attendance of accused
Section 206 – Special summons in cases of petty offence
Section 207 – Supply to the accused of copy of police report and other documents
Section 208 – Supply of copies of statements and documents to accused in other cases triable by Court
of Session
Section 209 – Commitment of case to Court of Session when offence is triable exclusively by it
Section 210 – Procedure to be followed when there is a complaint case and police investigation in
respect of the same offence
 Section 204 – Issue of process

The Magistrate takes cognizance of an offence when there is sufficient ground for
proceeding, and if the case appears to be-
a summons-case, he shall issue his summons for the attendance of the accused, or
a warrant-case, he may issue a warrant, or a summons, to appear before the magistrate.

After what stage summons or warrant can be issued against the accused?
After a list of the prosecution witnesses has been filed.

In a complaint case, every summons or warrant issued shall be accompanied by?

A copy of such complaint.
 HS Bains v. State (UT of Chandigarh) (1980) 4 SCC 631

Issue – Whether the police report submitted u/s 173 bars the magistrate from
proceeding examination of complaint u/s 200?
 HS Bains v. State (UT of Chandigarh) (1980) 4 SCC 631

Facts
Accused sister in law adopted complainant’s son. Since the adoption was not to his liking, he
went to complainant’s house and pointed gun at threatening to kill him if he didn’t take his son
back.
Complaint was filed and magistrate ordered investigation u/s 156(3). Police after investigation
submitted report u/s 173 stating that the case against accused not true and might be dropped.
Magistrate after perusing it disagreed with the conclusion and took cognizance and directed
 HS Bains v. State (UT of Chandigarh) (1980) 4 SCC 631

Held – No
The mere fact that magistrate had earlier ordered an investigation under Sec. 156(3) and received a
report under Sec. 173 will not have the effect of total erasure of the complaint and therefore the
Magistrate will not be barred from proceeding under Sections 200, 203 and 204.
Thus, a Magistrate who on receipt of a complaint, orders an investigation under Sec. 156(3) and
receives a police report under Sec. 173(1), may do one of three things:
(1) he may decide that there is no sufficient ground for proceeding further and drop action;
(2) he may take cognizance of the offence under Sec. 190(1)(b) on the basis of the police report and
issue process; this he may do without being bound in any manner by the conclusion arrived at by
the police in their report
(3) he may take cognizance of the offence under Sec. 190(1)(a) on the basis of the original complaint
and proceed to examine the complainant and his witnesses under Sec. 200
If he adopts the third alternative, he may hold or direct an inquiry under Sec. 202 if he thinks fit.
Thereafter he may dismiss the complaint or issue process, as the case may be.
 Section 205 – Magistrate may dispense with personal attendance of accused

And permit them to appear by their pleader But the magistrate may direct the personal
attendance of the accused at any stage of the proceedings.

The Magistrate considers various factors to dispense attendance like:

1. Social status.
2. Customs and practice.
3. The distance at which the accused resides.
4. The necessity of personal attendance with regards to the offence and the stages of
the trail.
 Section 206 – Special summons in cases of petty offence

Petty Offence Meaning?

Any offence punishable only with fine not exceeding one thousand rupees,
It does not include any offence punishable under:
1. The Motor Vehicles Act, 193 1, or
2. Any other law which provides for convicting the accused person in his absence on a plea of guilty.
 Section 206 – Special summons in cases of petty offence

Magistrate may dispose of such case summarily and issue summons to the accused.
In exceptional situations, the Magistrate shall issue summons to the accused requiring
him either to appear in person or by pleader. The reason for such decision has to be
recorded.
If the accused desires to plead guilty to the charge without appearing before the
Magistrate, he shall authorise his pleader to plead guilty to the charge on his behalf and
to pay the fine through such pleader.
 Section 206 – Special summons in cases of petty offence

The State Government may, by notification, specially empower any Magistrate to try case
summarily:
1. Any offence which is compoundable u/s 320 or
2. Any offence punishable with less than three months imprisonment, or with fine or
with both where the Magistrate feels that the imposition of fine only would meet the
ends of justice.
 Section 207 – Supply to the accused of copy of police report and other documents

In any case instituted on a police report, the Magistrate shall furnish a copy of each of
the following:
1. Police report;
2. Any other document or relevant extract forwarded with the police report u/s 173(5).
If such document is voluminous, then instead of giving a copy, accused only be allowed to inspect it
either personally or through pleader in Court.
3. FIR u/s 154;
4. Prosecution witnesses statements recorded u/s 161(3), excluding any part for which
the police requests u/s 173(6)
However, the magistrate after perusing, may direct such part not be excluded and be given to
accused.
5. The confessions and statements recorded u/s 164;
 Section 230 – Supply to the accused of copy of police report and other documents (BNSS)

In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay,
and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to
the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—
(i) the police report; (ii) the first information report recorded under section 173; (iii) the statements recorded
under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its
witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the
police officer under sub-section (7) of section 193; (iv) the confessions and statements, if any, recorded under
section 183; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police
report under sub-section (6) of section 193:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii)
and considering the reasons given by the police officer for the request, direct that a copy of that part of the
statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of
furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the
copies through electronic means or direct that he will only be allowed to inspect it either personally or
through an advocate in Court:
Provided also that supply of documents in electronic form shall be considered as duly furnished.
Section 208 – Supply of copies of statements and documents to accused in other cases
triable by Court of Session

In any case instituted otherwise than on a police report, the Magistrate thinks that the
offence is triable exclusively by the Court of Session, the Magistrate shall furnish to the
accused a copy of each of the following:
1. Statements recorded u/s 200 or 202, or all persons examined by the Magistrate;
2. Statements and confessions recorded u/s 161 or 164;
3. Any documents which the prosecution proposes to rely.
If such document is voluminous, then instead of giving a copy, accused only be allowed to inspect it
either personally or through pleader in Court.
 Section 209 – Commitment of case to Court of Session when offence is triable
exclusively by it

When in a case instituted on a police report or otherwise, the Magistrate thinks that the
offence is triable exclusively by the Court of Session, he shall-
1. Commit the case to the Court of Session after complying with sec 207 or 208 and
remand the accused to custody until such commitment has been made, (if bail not
given)
2. Remand the accused to custody during, and until the conclusion of the trial, (if bail
not given)
3. Send to that Court the record of the case and the documents and articles, which are
to be produced in evidence.
4. Notify the Public Prosecutor of the commitment of the case to the Court of Session.
 Section 232 – Commitment of case to Court of Session when offence is triable exclusively by it
(BNSS)

When in a case instituted on a police report or otherwise, the Magistrate thinks that the offence is
triable exclusively by the Court of Session, he shall-
1. Commit the case to the Court of Session after complying with sec 207 or 208 and remand the
accused to custody until such commitment has been made, (if bail not given)
2. Remand the accused to custody during, and until the conclusion of the trial, (if bail not given)
3. Send to that Court the record of the case and the documents and articles, which are to be
produced in evidence.
4. Notify the Public Prosecutor of the commitment of the case to the Court of Session.
Provided that the proceedings under this section shall be completed within a period of ninety days
from the date of taking cognizance, and such period may be extended by the Magistrate for a period
not exceeding one hundred and eighty days for the reasons to be recorded in writing:
Provided further that any application filed before the Magistrate by the accused or the victim or any
person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court
of Session with the committal of the case
 Section 210 – Procedure to be followed when there is a complaint case and police investigation in respect of the same
offence

Stay the Complaint Proceeding

When in a case instituted a complaint, it is made to appear to the Magistrate, during the course of the inquiry or trial held
by him, that an investigation by the police is in progress in relation to same case, the Magistrate shall stay the proceedings
of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

Try Both Complaint Case and Police Report Together or

If on the report u/s 173 received, cognizance of an offence is taken by the Magistrate, the Magistrate shall inquire into or
try together the complaint case and the case arising out of the police report as if both the cases were instituted on a
police report.

Resume the Complaint Proceeding

The Magistrate shall proceed with the inquiry or trial, which was stayed by him if:
1. The police report does not relate to any accused in the complaint case or
2. The Magistrate does not take cognizance of any offence on the police report
 Types of Investigations

1) Ordinary Investigation by Officer in Charge (OIC) [156(1)]

Investigation by police upon receiving information of cognizable offence u/s 154(1).
After completion of investigation, A report will be submitted to magistrate u/s 173(2).

2) Investigation through SP [154(3)]

When OIC refuses to record info. u/s 154(1) then, on application by informant:
1. SP can investigate the case themselves or
2. SP can direct investigation to be made by subordinate police officer
 Types of Investigations

3) Investigation ordered by Magistrate

A) When Police refuse to Investigate [156(3)]
Investigation ordered by magistrate when police refused to investigate a cognizable offence
u/s 156(1)

B) On Complaint Case [202(1)]

i. By Police
Investigation ordered by magistrate to police upon receiving complaint relating to either cognizable or non
cognizable offence u/s 200 for deciding whether there is sufficient ground for proceeding.
ii. By Any Person
Investigation ordered by magistrate to any person upon receiving complaint relating to either cognizable or
non cognizable offence u/s 200 for deciding whether there is sufficient ground for proceeding.
 Types of Investigations

4) Further Investigation
a) Further Investigation ordered by magistrate u/s 173(8) upon receiving police report
u/s 173(2)
b) Further Investigation conducted by police on its own u/s 173(8) (Though case law
including Vinubhai case suggests that prior permission of magistrate should ideally
be sought.)
After completion of further investigation, A supplemental report will be submitted to
magistrate u/s 173(8)
 Types of Investigations

5) Re-Investigation or Fresh Investigation

Investigation ordered by High Court or Supreme Court under their Constitutional or
Supervisory jurisdiction.
After completion of investigation:
A report indicating findings of investigation. Courts much controversial ‘sealed cover jurisprudence’
whereby after setting up Special Investigation Team (SIT), their reports are submitted to the courts in a
‘sealed cover’.