Crimes are of two types. Those were police can arrest without
warrant, are Cognizable and serious crimes- Like murder, rape etc.
Crimes where police cannot arrest without warrant by court, are called
non-Cognizable.
When first information is given to police of crime, it is registered in a register
of FIR and serial number is given.
In 24 hours, a copy of FIR is sent to local court where also it is kept. (So that
main FIR in police station is not tempered with. This is a safeguard). Anyone
can get copy of FIR by applying to court or to police.
Then, statements of witnesses are recorded. Witnesses cannot be asked to
sign below statement recorded by police. (This is a safe guard to ensure
that police do not take statements by force).
After all evidence is gathered, in 90 days, police is supposed to report to
court in either of three format A) Crime is committed. Accused is handed
over to court for trial B) No crime appears to have been made. Let this FIR be
Closed. C) This is a False Complaint. Complainant should be prosecuted
For giving false complaint.
Then Court applies judicial mind and studies all papers produced by police.
If Judge thinks that police has not investigated some part, it can direct
Police to further investigate.
If Judge thinks that no crime is made out, he will close FIR.
If Judge finds that false complaint was made, it will start prosecution
against complainant for giving false information.
If crime appears to have been made out, court will proceed with trial accused.
If Judge finds that some one else is also involved in crime, the Judge will
also start case against him too.
If witness refuse to come to court to give evidence, court can issue warrant
against witness also. If judge finds that witness is lying, he can take
action against witness also.
Haresh Raichura
23/11/13
