Trial begins when Police submits their Final information report U/s 173 CrPC and pre trial is the stage when final information ( Chargesheet/Challan) Is not submitted before court .

The steps involved in the pre-trial stage

STEP 1- Information to the Police

Information on cognizable offence

If the information received by the police through the informant relates to any cognizable offense, the officer in charge of the police station records it under Section 154 CrPC. The informant can give the information in both oral and written form; if given orally, it should be reduced to writing and read over to the informant. The informant gets a copy of the recorded information free of cost.

This recorded piece of information received first-hand from the informant is called the First Information Report (FIR)

Information on non-cognizable offence

Upon receiving the information, the Magistrate may take cognizance of it under section 190 CrPC If he takes cognizance, he examines the informant upon oath. The examination’s substance is reduced to writing and signed by the informant and the Magistrate. After examining, if the Magistrate finds sufficient grounds to investigate the case, he orders the police to investigate under section 156 and Section 202 CrPC; if not, he dismisses it. Once the police receive the Magistrate’s order to investigate, they carry on with the case as if it were a cognizable one, although they cannot arrest without a warrant.

STEP 2- Investigation

Upon filing an FIR (in case of a cognizable offence) or receiving the Magistrate’s order (in case of an NC offence), the officer in charge of the police station starts the investigation. Under Section 2(h) CrPC, the police (not the Magistrate!), conduct the investigation to collect evidence. The police have unhampered power to investigate under section 157 CrPC any cognizable case, irrespective of any court’s order (Emperor v Nazir Ahmed).

Report to the Magistrate

Upon receiving information on a cognizable offense, the officer in charge of the police station sends a preliminary report to the empowered Magistrate through a superior officer appointed by the State Government.

Attendance of witnesses

When the police officer suspects the acquaintance of any person (within certain limits) with the case at hand, he gives a written order under Section 160 CrPC for that person to appear before him; this is to facilitate the police to collect the required evidence. And the so-called witness is duty-bound to oblige the order.

The order is a part of the investigation and doesn’t amount to harassment of the witness or violation of Article 21 ( i.e Right to life ) of the Constitution of India per se if reasonable grounds exist to believe that the witness knows something about the offense (Sube Singh v State of Haryana).

However, the following persons need not attend the police investigation at places other than their residence:

1. Males under fifteen or above sixty-five years of age,
2. Women, and
3. Mentally or physically disabled persons.

Examination of witnesses

Usually, the police examine the witness orally and reduce the statements into writing. Every witness’ statement is recorded individually in first-person form. It can be audio-video recorded too.

The witness is legally bound to truly answer all the questions put forth to him during the examination, except the ones that may expose him to any criminal consequence.

Prohibition on signing the recorded statements

No statement made by the witness to the police, recorded in writing while investigating, is signed by him. Under Section 162(1) CrPC, such statements can be used by the accused or the prosecution to contradict the witness under Section 145 of the Indian Evidence Act 1872 (Cross-examination as to previous statements in writing). Meaning, if the witness making such statements

Medical examination of rape victims

While investigating an alleged commission or attempt of rape, the victim (if consents) goes through a medical examination by a registered medical practitioner employed in a government hospital within 24 hours from the information’s reception. The medical examination enables the police to get crucial information on the offense, including the offender’s identity. The medical practitioner prepares a report of the examination and forwards it to the investigating officer.

Search by the police

The officer in charge of a police station can search any place within the limits of his station to find something necessary for investigating if:

1. Reasonable grounds exist that it may be found in that place; and
2. He opines that it is obtainable only without undue delay.

Arrest of the accused

While investigating an NC case, if an arrest is felt necessary, the court issues an arrest warrant under section 70 CrPC directing any police officer to arrest the accused.

However, while investigating a cognizable case, the police officer arrests without an arrest warrant under Section 41 CrPC, any person against whom:

• A reasonable complaint is filed,
• Credible information is received, or
• Reasonable suspicion rises that he committed a cognizable offense punishable with imprisonment up to seven years, fine, or both.

Release of accused if evidence insufficient

Within the twenty-four hours of arrest, the accused is released on executing a bond with/without sureties under Section 169 CrPC that he will appear before the Magistrate whenever required, if:

• the investigation is complete within 24 hours of arrest, and no firm evidence exists against the accused, and
• The officer opines that no reasonable ground exists to produce the accused before the Magistrate or prolong the detention.

The police record the release in a closure Report

Forward of accused to Magistrate if evidence sufficient

If the investigation is complete within 24 hours of the arrest and sufficient evidence exists against the accused, under section 170 CrPC the police will:

• Forward him to the empowered Magistrate, or
• If the offense is bailable, release him after taking security for his appearance before the Magistrate.

What if the investigation is not complete in twenty-four hours?

The police cannot detain anyone who is arrested without a warrant for more than 24 hours (Section 57 CrPC) ; such detention exceeding 24 hours amounts to illegal arrest and violation of Article 22(2) Of Indian constitution

STEP 3- Report of the investigation

After investigating, the subordinate officer involved in the investigation submits a report under section 168 CrPC to the officer in charge of the police station, who further forwards a Completion Report to the Magistrate under Section 173 CrPC The Completion Report is of two types- Closure Report and Chargesheet .

Closure Report

Closure Report is the Completion Report forwarded by the police to the Magistrate when the accused is found innocent due to lack of sufficient evidence and released on a bond under Section 169 CrPC. Upon its reception, the Magistrate either dismisses the case under Section 203 CrPC on the ground of insufficient evidence or takes its cognizance under Section 204 CrPC.

Contents of the Completion Report

1. Parties’ names,
2. Nature of the information,
3. Witnesses’ names,
4. Possibility of the offense,
5. Accused’s name,
6. Whether the accused is arrested,
7. Whether he is released on his bond,
8. Whether he is forwarded in custody under Section 170,
9. Any records of statements and confessions, or relevant documents,
10. Medical examination of any victim woman under Section 164A etc.

The informant is informed of the submission of the completion report to the Magistrate.

End of the Pre-Trial Stage

The Pre-Trial stage ends when the police submit the Completion Report to the Magistrate. Next, the Trial stage starts once the Magistrate takes cognizance of the case by issuing the process for proceedings under Section 204 CrPC.