INQUIRY
Section 2(g) of the Code of Criminal Procedure (CrPC) defines an inquiry
as any non-trial investigation conducted by a Magistrate or Court. The
purpose is to determine if the case warrants trial, aiming to uncover the
truth. It involves a comprehensive examination of events, individuals, and
relevant occurrences associated with the alleged offence. The primary
objective is to extract crucial information essential for establishing the
criminal nature of the offence. Each inquiry serves as a foundational
starting point, elucidating whether the actions amount to criminal conduct
and paving the way for subsequent trial proceedings.
PENAL PROVISIONS UNDER CODE OF CRIMINAL PROCEDURE
(CrPC)
The power to hold investigation or preliminary inquiry as given in Section
159 of the CrPC which states that, in case the police in charge convey to
the court that they will not proceed with the investigation as there no
cognizable offence formed or if they deny to the informant that there is no
sufficient ground for investigation; in such cases, the court may direct the
police in charge to proceed with the preliminary inquiry or investigate the
matter; the alternative under this section is that the court may also proceed
to depute any Magistrate subordinate to him.
Penal Provisions Given Under Bharatiya Nagarik Suraksha Sanhita,
2023
Section 173(3) of the BNSS imparts statutory authority to the preliminary
inquiry, a departure from its previous presence solely in certain police
regulations/manuals. This inquiry is confined to cognizable offences with a
punishment ranging from three to less than seven years of imprisonment.
Notably, the BNSS introduces a time-bound constraint, mandating
completion within 14 days from the receipt of information. Moreover, it
allows for a preliminary inquiry to assess the prima facie case for FIR
registration even upon initial information about a cognizable offence,
thereby granting powers to the police.
Section 173(4) in BNSS (corresponding to CrPC's Section 154(4))
empowers the complainant to apply to the Magistrate for FIR registration
only if the Superintendent of Police refrains from investigating the case or
directing a subordinate police officer to do so, in compliance with BNSS
provisions.
BNSS introduces definitions such as "audio-video electronic" (Section
2(1)(a)) and "electronic communication" (Section 2(1)(i)). Furthermore,
Section 530 explicitly permits all trials, inquiries, and proceedings to be
conducted electronically, utilizing audio-video electronic means or
electronic communications.
Remarks
A notable and recurrent aspect within the BNSS is the incorporation of
electronic communication and audio-video electronic means across diverse
procedures, aligning with the bill's overarching goal of enhancing
technological utilization in legal processes. Concurrently, an amendment to
Section 155 of the CrPC, as reflected in Section 174(1) of the BNSS,
introduces a specific timeframe of a fortnight for a police officer to submit
the daily diary report to the Magistrate.
TRIAL
The word ‘Trial’ is not defined under the Code of Criminal Procedure, 1973
(CrPC). However, it is commonly understood that the stage of trial begins
after the framing of charge and ends with conviction or acquittal of the
accused. It is the judicial adjudication of a person’s guilt or innocence.
PENAL PROVISIONS UNDER CODE OF CRIMINAL PROCEDURE
(CrPC)
The Criminal Procedure Code (CrPC) delineates four types of trials.
Chapter XVIII, spanning from Section 225 to Section 237, encompasses
provisions regulating trials before a Court of Session. Moving forward,
Chapter XIX, from Section 238 to Section 250, governs the provisions
related to warrant cases by magistrate. Chapter XX, covering Section 251
to Section 259, outlines provisions governing summon trials. Lastly,
Chapter XXI, spanning from Section 260 to Section 265L, deals with
provisions pertaining to summary trials.
PENAL PROVISIONS UNDER BHARTIYA NAGARAIK SURAKSHA
SANHITA, 2023
Specified timelines have been prescribed for various stages of the criminal
process including to complete the investigation and file a final report and for
trial of the offence. For instance, it is mandatory for a Magistrate to decide
whether to take cognizance of the chargesheet within a period of 14 days.
Section 250 mandates a 60-day window from the date of committal for the
accused to file a discharge application. Additionally, Section 251 reinforces
this effort by setting a 60-day timeline for framing charges from the first
hearing on charge.
Section 254 allows for the use of audio-video electronic means in Sessions
cases for the deposition of evidence or statements of witnesses, police
officers, public servants, or experts. A similar provision is included in
Section 265 for the trial of warrant-cases, enabling the use of electronic
means for examining witnesses
Section 283 makes summary trial mandatory for petty and less serious
offences (like theft, receiving or retaining stolen property, house trespass,
breach of peace, criminal intimidation, etc.). In cases where punishment is
extendable up to 3 years (earlier 2 years) the Magistrate may, for the
reasons to be recorded in writing and after giving the accused a reasonable
opportunity of being heard, try such cases summarily.
Section 356, provides for an inquiry, trial to be conducted or a judgement
to be passed against a proclaimed offender, in absentia. The process
involves the issuance of two warrants of arrest within an interval of 30-
days, publication of notices in two local or national newspapers, notification
of the commencement of trial to relatives and the affixing of notices
regarding the trial’s initiation before the commencement of such trial.
Further, the trial against the proclaimed offender can only commence after
the passage of 90 days from the date of framing charges. The provision
extends the right to legal representation of the proclaimed offender with the
state appointing an advocate for the absent accused’s defence. This
innovative framework diverges from the prevailing norm limited to only
recording witness testimonies during trial in absentia.
Proviso to Section 193(9) provides a timeline for conducting further
investigation during trial. It has been provided that after filing of charge
sheet if further investigation is required, it shall be completed within 90
days, and any extension of time period beyond 90 days shall only be with
the permission of the Court. This provision serves as a safeguard against
the potential abuse of police power, makes the police more accountable,
and prevents unnecessary delays in criminal proceedings.
Section 530 explicitly permits all trials, inquiries, and proceedings to be
conducted electronically, utilizing audio-video electronic means or
electronic communications.
REMARKS-
The proposed amendments in prescribing timelines for trials and formal
adoption of audio-visual and electronic means signify a deliberate shift
towards a more efficient and technologically aligned regime for the
administration of criminal justice. Particularly noteworthy is the inclusion of
provisions pertaining to trials against absconding individuals, marking a
significant and important addition to the evolving landscape of criminal
justice procedures.
