Рет қаралды 10,670
Procedure to be followed on completion of Investigation (s.169-s.173)
On completion of the investigation, the following procedure is to be followed:
Release of accused when evidence is deficient
When there is not sufficient evidence and reasonable grounds to justify the forwarding of the accused to the Magistrate, the police officer shall release him on him executing a bond, with or without sureties, and may direct him to appear before the magistrate when required.
Cases to be sent to Magistrate when evidence sufficient
When the police officer has sufficient evidence and reasonable grounds, he shall forward the accused to the Magistrate, so that the Magistrate can take cognizance of the offence and try the accused or commit him for trial. If the offence is bailable, the accused shall be given security and be released on bail, only to appear before the Magistrate when required, and for his day to day attendance before the Magistrate.
Diary of proceedings in an investigation (section 172)
This section relates to the contents of a case diary, which every police officer making an investigation has to maintain. The object of this section is to enable the Magistrate to know what was the day to day information by a police officer who was investigating the case. Oral statements of witnesses should not be recorded in this case diary. This diary may be used at trial or inquiry, not as evidence, but to assist the court in proceeding with the case.