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INQUIRY, INVESTIGATION AND TRIAL
1. Introduction
The definition of the word “investigation” is not exhaustive. An investigation by the police commences with the first step taken by the police-officer in the matter of the offence and the culprit thereof. The word ‘inquiry’ means to include everything done in a case by a Magistrate whether the case has been challenged or not. It does not always mean a judicial inquiry. The word “inquiry must be distinguished” from “investigation” under Chapter XIV on the one hand and a “trail” on the other. A “trail” is a judicial proceeding which ends in conviction or acquittal. All other proceedings are inquiries which have various endings according to circumstances.
2. Relevant Provisions Section 4(1)(k) Cr.P.C 1898 for Inquiry Section 4(1)(I), 1898 for investigation 3. Inquiry i. Literal Meaning of Inquiry a. Research b. Interrogation c. Investigation
ii. Meaning of Inquiry a. Any proceedings conducted by Magistrate b. Any proceedings conducted by a Court
iii. Definition u/s 4(1)(k) Cr.P.C “ Inquiry includes every inquiry other than a trial conducted under this code by a magistrate or Court ”.
(iv) Object of Inquiry Determination of truth
(v) Kinds of Inquiry a. Departmental Inquiry b. Judicial Inquiry
(vi) Inquiry vs Trial Inquiry is the proceeding which may be prior to trial.
(vii) Authority to conduct Inquiry Magistrate or Court
4. Investigation i. Literal Meaning of Investigation a. Study b. Search c. Inquiry ii. Meaning of Investigation a. Proceeding conducted by Police Officer b. Proceeding for the collection of evidence
iii. Definition of Inquiry
“ Investigation includes all the proceedings under this code for the collection of evidence ”.
iv. Nature of Investigation Criminal in nature
v. Object of Investigation To collect evidence relating to commission of an offence.
vi. Authority to Investigate The Police officer or any person authorized by a Magistrate not a Magistrate.
vii. Step of Investigation a. Commission of offence b. Cognizable offence c. Registration of FIR d. Visit of place of occurrence by Police Officer incharge e. Ascertainment of facts by Police Officer incharge f. Calculation with reference to circumstances g. Recovery of any material i. Arrest of suspected persons j. Arrest of nominated accused persons k. Collection of evidence I. Examination of various persons m. Reduction of their statement into written form n. Search or censor of place of occurrence o. Formation of opinion p. writing of daily diary (Zimni) q. Preparation of final report
5. Trial i. Literal meaning of Trial a. Attempt b. Examination by a test c. Judicial examination or investigation
ii. Meaning of Trial The judicial proceedings conducted by Court.
iii. Commencement of Trial Trial starts after submission of challan till announcement of judgment.
iv. End of Trial a. In acquittal or b. Conviction
v. Procedure for Trial under Cr.P.C a. Trial by Magistrate b. Summary Trial c. Trial by High Court & Court of Session
6. Distinction between Inquiry, Investigation and Trial Following are the distinction between inquiry, investigation and Trial
examination of various persons (including the accused) and the reduction of their statement into writing, if the officer thinks fit, b the search of places or seizure of things considered necessary for the investigation and to be produced at the trial.
BAIL, IT'S KINDS AND GROUNDS
1. Introduction The concept of bail is not new. Basic Philosophy behind the concept of bail is that accused should be released from the custody of law enforcing agency into the custody of sureties. This is an interim order which can be withdrawn by the court at any stage according to circumstances. 2. Relevant Provisions Section 496, 497 and 498 of Cr.P.C is a relevant provision 3. Meaning of Bail Bail means the security, which court requires for release, of some accused. It is, in fact, transfer of accused from judicial custody to sureties with this condition that sureties will remain bound for future appearance of accused in court whenever accused appearance will be required. 4. Kinds of Bail Bail is of the following three kinds.
i. Bail After Arrest / Post Arrest Bail It is a bail which is granted to the accused person, after his arrest, both in bailable and non-bailable offence. When the accused has been arrested by the law enforcing agency, bail may be generated to him under section 497 of Cr.P.C.
ii. Bail before Arrest / Pre-Arrest bail Bail before arrest is a bail which is granted in a case where court feels perhaps accused has falsely involved in case and he is likely to suffer irreparable injury to his dignity, honor, or reputation by his arrest. Note: In bail before arrest, registration of case is necessary.
i. Protective bail The protective bail is granted to accused enable him to approach the concerned court of other provinces for the purpose of obtaining pre-arrest bail without touching its merits.
ii. Direct approach to High court Superior courts can entertain application for pre-arrest bail and can grant relief to accused in appropriate cases where accused could inter alia, established that he was prevented from approaching lower court concern.
iii. Bail after Conviction It is granted when after conviction of accused, the appeal has been accepted for hearing and the court observes that there are grounds for the release of the accused, therefore, it accepts the bail petition and allows bail also under section 426.
5. Kinds of Bail by Nature By nature, bail may be divided into following two kinds.
i. Interim Bail
It is a bail which is granted by the court without hearing the prosecution for a specified period of time.
ii. Permanent or Confirmed bail It is a bail which is granted by the court after hearing both the parties, i.e., petitioner and prosecution.
6. Pre-conditions or Essential ingredients of Confirmation of Pre-arrest / before arrest Bail Following confirmation of pre-arrest / before arrest bail, following are pre-conditions or essential ingredients.
i. Ulterior Movies Arrest of petitioner should be for some ulterior motives. In fact, there should be doubt that motive for involvement of accused in some criminal case in not pure. If ulterior motive is proved, pre-arrest bail can be confirmed. If it is also proved that apprehension of imminent arrest, humiliation and unjustified harassment of accused due to some ulterior motive or mala fide on part of authorities or other influential persons.
ii. Heinousness of offence Heinousness of offence is of no importance as far as granting of pre-arrest bail is concerned. In fact, pre- arrest bail cannot be refused due to heinousness of offence.
iii. Commission of offence Pre-arrest bail can be confirmed when investigation is completed and it shows that accused has not committed offence.
iv. Physical Surrender Petitioner / accused should physically surrender himself before court. It means that no pre-arrest bail can be granted to absconder.
v. Fit case Case of petitioner should be fit case so that court can exercise its discretion of confirmation of bail. If case of petitioner is fit case for court to exercise its discretion, pre-arrest bail can be granted.
vi. Bail Bond Pre-arrest bail can be confirmed when accused is ready to submit bail bond is prescribed manner under Criminal Procedure Code.
Conclusion
To conclude, it can be started that bail in case of bailable offence is matter of right and it should be granted in cases of bailable offence. However, bail in case of non-bailable offence is not a matter of right. Rather it is a statutory concession, which court can grant in exceptional circumstances where pre- conditions or essential ingredients for granting of bail exist.
CHARGE, ITS CONTENTS AND PURPOSE
1. Introduction One basic requirement of fair trial in criminal cases is to give precise information to accused about accusation against him. Reason is that such information is considered important for accused for preparation of his defense against accusation. Such precise information is given in form of charge. 2. Relevant Provisions Section 221, 222, 223, 227, 228, 229, 230, 237, 238 of Criminal Procedure Code.
6. Purpose of Framing of Charge Followings points are important for explanation of purpose of Framing of charge
i. Precise and Concise Statement about offence Object of charge is to give accused precise and concise statement about the offence which is charged against him.
ii. Proof against Accused Charge is to convey to accuse with possible and sufficient clearness and certainty what prosecution is to prove against him.
iii. Prosecution of case Purpose of charge is to inform accused about the case, which he is going to be prosecuted.
iv. Defense against case Charge is to enable accused to concentrate on his defense against that case, which is bring tried against him in court.
v. No Prejudice against Accused Object of charge is that there should be no prejudice against accused during trial before court.
vi. Certain and Accurate Information Charge is to deliver accused certain and accurate information about that offence against which accused is being tried.
vii. Knowledge about Substantive Charge Purpose of charge is to make accused known to substantive charge and is to make him prepared for such charge before production of evidence.
viii. Knowledge about case Charge is to give knowledge to accused about that case, which is being brought against him and which is being tried in court.
7. When can Charge be changed & altered / Amendment? At any time before pronouncement of judgment, charge can be altered or added. However, it is essential that charge can only be altered on justification on basis of material on record, and that every such alteration or addition should be read and explained to accused.
Final Analysis
To conclude, it can be stated that court can convict accused for that offence with which he is not charged, but he should have committed such offence. However, if charged is framed is such a vague manner that essentials of offence with which accused is convicted is not brought out in charge, charge is then considered defective.
PROCEDURE FOLLOWED BY MAGISTRATE WHILE CONDUCTING A TRIAL:
Before mentioning the procedure followed by the magistrate while conducting a trial, the magistrate takes cognizance of the offence in different three ways, which are mentioned in section 190 of the criminal procedure code and are as follow:
(a) upon complaint. (b) upon police report or FIR (c) upon information of any person other than police.
A trial is conducted by the magistrate in accordance with the following procedure provided in crpc.
- Submission of charge sheet or challan or inquiry report:
The procedure in court for conducting a trial of an offence begins after the inquiry or investigation.
Under section 173 crpc, the police officer made charge sheet which is also known as challan or completion report, and forward the same through public prosecutor to magistrate who has jurisdiction for conducting the trial.
- Commencement of proceeding:
according to section 204, if in the opinion of the court taking cognizance of an offence, there are sufficient grounds for proceedings, then if the case appears a summon case, summon shall be issued for the attendance of accused, and if the case appears a warrant case, a warrant may be issued for causing the accused to be brought before the court.
- Procedure in trial of case
According to chapter 20 of the crpc, section 241-A states that the court shall supply free of cost all statements and documents to the accused, not less than seven days before the commencement of trial.
- Charge to be framed.
According to sections 242 and 243 crpc, when the accused appears or is brought before the magistrate, a formal charge shall be framed relating to the offence of which he is accused.
And he shall be asked whether he pleads guilty or not, If he pleads guilty, his admission shall be recordedin words used by him. If the accused says "i do not plead guilty I claim trial", then the court is bound to proceed according to law by examining the witnesses of the prosecution and defence.
- Examination of witnesses:
According to section 244, the magistrate shall on the application of complainant or accused, issue summon to any witness directing him to attend or to produce any documents or materials.
So firstly it is the duty of complainant to call his witnesses for recording evidence under section 164 crpc, for the purpose of proving his allegations, which he has imposed on accused.
Secondly , the magistrate is bound to examine all the witnesses produced by the accused in his defence.
At the time of recording statement of every witness, the following are the rights of either party:-
A)-- To examine-in-chief, the witness, "the party who call it"
B)-- To cross-examine, " every witness of adverse party".
Post = after Mortem = death Postmortem examination means, to have view of dead body after death. Postmortem examination is a special type of scientific examination of a dead body called out under the laws of the state for the protection of its citizens and to assist the identification and prosecution of the guilty persons. When postmortem is conducted and objects of medico-legal autopsy (postmortem for the determination of cause of death): The objects of medico-legal autopsy are following:
- To determine the identity of a person.
- To determine the cause of death whether natural or unnatural, if unnatural, whether suicide, homicide, or accidental.
- To trace the evidence if it has been left by the accused on the victim.
- For determining the time since death.
- In case of newly born infants to the question of live birth and viability of the child.
- In case of mutilated structure remains, to determine if they are human, the probable cause of death and approximate time since death.
- In case of accident to determine that his death was really due to accident.
MLC
Injury report is a kind of medicolegal report. A medicolegal case is a case of injury or ailment where attending doctor after taking history and clinical examination of the patient thinks that some investigations by law enforcing agencies are essential so as to fix the responsibility regarding the case.
It can also be defined as a case of injury or ailment, etc., in which investigations by the law -enforcing agencies are essential to fix the responsibility regarding the causation of the said injury or ailment. Simply put, it is a medical case with legal implications or a legal case requiring medical expertise.
EXHUMATION
Exhumation (unearths or disclosed of grave): When any unnatural death is happened and dead body is put into earth to conceal the causes of death then examination of dead body is required to determine the causes of death and to fix the liability to accused. Grave is disclosed and dead body is taken and examined for the suspicion of a death because of poisoning or any other foul play. Order of exhumation: Only District Magistrate, Coroner, or Sub-Divisional Magistrate can pass such order for the disclosure of grave. A police officer is not authorized to pass such orders. Exhumation is conducted during the presence of Magistrate and not in the presence of police officer. This function can be performed only day light. To start work in evening or night is prohibited. Preferable time for the exhumation is before the commencement of body decomposition. In hot climatic conditions, dead body undergoes decomposition soon. As the time passes, required results become quite difficult. Time limit for exhumation: Pakistan and England do not follow any time limit for the purpose of exhumation. But other countries, such as:
- France allows 10 years,
- Scotland provides 20 years, and
- Germany permits 30 years for the disclosure of grave.
Identification: It is determination or establishment of a person either living or dead by recognizing him by certain characteristics which are unique for him, i.e., finger print etc. To identify a thing or person is to prove that the thing or person produced or shown is the one in question in the proceedings.
FINGER PRINTS
Methods of fingerprints – introduction: With the development of human mind and in science field, a lot of new lines discovered for identifying of accused. One of them is by fingerprints. By the help of fingerprint we can easily identify the criminal persons. This system is the most modern system of the world and has great importance in any criminal investigation. All investigating agencies adopt this method of investigation. It is very simple and authentic system. The pattern of thumbs is classified on the basis of arrangement of ridges into four main types, i.e., arches, loops, whorls, and compounds. All these are discussed in the coming paragraphs.
Background of fingerprint system: The fingerprint system was discovered by Sir William J. Herschel, ICS, who introduced it in Hugli District of Bengal in 1877. It was systematized in 1892 by Sir Francis Galton.
Meaning of fingerprints: A fingerprint means an impression made by the ball of a finger. The fingerprint system, also known as dactylography (study of fingerprints for identification purposes) is based on the principle that the skin of the balls of the fingers and thumbs are covered with characteristic ridges and grooves (lifestyle), the pattern of which makes absolute identification possible.
INJURY AND ITS KINDS UNDER MEDICAL JURISPRUDENCE
1. Introduction
Injury and wound are usually intermixed with each other. Reality is that these two terms are different from each other. Main difference between them is that all wounds can be injuries while all injuries cannot be wounds. There are various kinds of injury and different punishment has been provided for each kinds of injury.
2. Meaning under section 44 of Pakistan Penal Code The word injury denotes any harm whatever illegally caused to person in body, mind, reputation or property.
i. Meaning under Medical Jurisprudence An injury means a solution or disruption of anatomical continuity of any tissues of body.
3. Different Kinds of Injury Under Pakistan Penal code, different kinds of injury have been mentioned in form of itlaf-i-udw, itlaf-i- salahiyyat-udw, shajjah, jurh and all kinds of other hurt. As far as medical jurisprudence is concerned, followings are kinds of injury.
i. Thermal Injury For explanation of thermal injury, following points are important
a. Meaning Tissue injury, which results from application of heat in any form to external or internal surface of heat, is termed as thermal injury.
b. Forms Followings are different forms of thermal injury:
b-i. Injury due to explosion Such injury can be cussed by flame, missiles, blast or hot gases.
a. Meaning If some injury is caused to human body through physical violence, such injury is called mechanical injury.
b. Forms Some forms of mechanical injury are abrasions, stab wounds, bruises, incised wounds, lacerations, fabricated wounds, firearm wounds, and defense wounds.
iv. Accidental Injury For explanation of accidental injury, following points are important.
a. Meaning These are those injuries, which are caused by traffic accidents.
b. Forms Injuries of scalp, lacerated wounds and chest injuries are different forms of accidental injuries.
4. Fabricated Injury Following points are important for explanation of fabricated injury.
i. Meaning When some person causes injury on his own body or allows another person to cause some injury on his body, such injury is called fabricated injury. It reveals that such injury is, in fact, forged or fictitious injury.
ii. Forms As some person can cause fabricated injury on his body or another person, with his permission, can cause such injury, therefore fabricated injury can be self inflicted injury or can be friendly handed injury,.
ii. Purpose Main purpose of fabricated injury is to prove victim’s false charge against accused.
iii. Fabricated Injury & Chare Fabricated injury remains fruitless to support charge against accused especially when medical legal report reveals that such injury is either self inflicted one or friendly handed one.
