CrPC Section 367: Power to Direct Further Inquiry or Additional Evidence

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CrPC Section 367: Power to Direct Further Inquiry or Additional Evidence

1. Code:

Section 367 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of a Magistrate to direct further inquiry or call for additional evidence in a case.

2. Explanation:

This section empowers a Magistrate, after considering the police report and other materials submitted, to take one of the following actions:

  • Direct further inquiry into the case.
  • Order the police to collect additional evidence.
  • Discharge the accused if the evidence is insufficient.
  • Commit the accused to the Sessions Court if the case is triable by that court.

The Magistrate has the discretion to choose the appropriate course of action based on the specific circumstances of the case.

3. Illustration:

Imagine a case where the police submit a report alleging theft. The Magistrate, after examining the report and other materials, finds that the evidence is insufficient to establish the accused’s guilt. However, the Magistrate believes that further investigation could shed light on the matter. In such a situation, the Magistrate could use the powers under Section 367 to direct the police to conduct further inquiry or collect additional evidence.

4. Common Questions and Answers:

Q: What are the grounds for directing further inquiry or additional evidence?

A: The Magistrate can order further inquiry or additional evidence if they find that the existing evidence is insufficient or inconclusive, or if they believe that further investigation is necessary to establish the truth of the matter.

Q: Can the Magistrate order a fresh investigation?

A: No, the Magistrate cannot order a fresh investigation. They can only direct further inquiry or additional evidence within the scope of the existing investigation.

Also Read  Section 20 CrPC: Executive Magistrates - Powers & Responsibilities in India's Code of Criminal Procedure

Q: What happens if the Magistrate discharges the accused?

A: The accused is released from custody and the case is closed. However, the prosecution can appeal against the discharge order.

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