Code
(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.
(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.
Explanation
This section mandates the police officer to forward the case, along with all the evidence gathered, to the Magistrate having jurisdiction over the case. This signifies the completion of the police investigation and the initiation of the judicial process.
The Magistrate, upon receiving the case, will then proceed to examine the evidence and decide whether there is sufficient ground to frame charges against the accused. If the Magistrate finds sufficient evidence, they will issue a summons to the accused, commencing the formal trial process.
Illustration
Let’s say a police officer investigates a theft case. During the investigation, the officer gathers sufficient evidence, such as witness statements, recovered stolen goods, and fingerprints, indicating the involvement of a particular individual. In this scenario, the officer, under Section 170 CrPC, will send the case, along with the collected evidence, to the Magistrate. The Magistrate will then review the evidence and decide whether to proceed with the trial.
Common Questions and Answers
Q: What happens if the Magistrate finds insufficient evidence?
A: The Magistrate can either discharge the accused or order further investigation by the police.
Q: Does the police officer have the discretion to not forward the case to the Magistrate?
A: No, the police officer is bound to forward the case to the Magistrate if they find sufficient evidence to frame charges.
Q: What if the police officer believes the evidence is insufficient but the Magistrate decides otherwise?
A: The police officer has no legal standing to challenge the Magistrate’s decision at this stage. However, they can argue their case before the Magistrate during the trial process.
