Vol. 12 · pages 436–440

415THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA In cases coming under (c) (No Court shall take cognizance)* except on the complaint in writing of such Court or of some other Court to which such Court is subordinate. Section 196.Prosecution for offences against the State. Unless upon complaint made by order of, or under authority from, the Governor General in Council, the Local Government, or some officer empowered by the Governor General in Council in this behalf. Section 196-A Prosecution for certain classes of Criminal Conspiracy falling under Section 120-B of the I. P. C. If they fall under sub-Section (I) then : Complaint must be under order of, or under the authority from, the Governor General in Council, the Local Government or some officer empowered by the Governor General in Council in this behalf. If they fall under sub-section (2), the Chief Presidency Magistrate or D. M. has by order in writing, consented to the initiation of the proceedings. Section 197 Prosecution of Judges, Magistrates and public servants for an offence alleged to have been committed by him, while acting or purporting to act, in the discharge of his official duty. No Court shall take cognizance of such offence except with the previous sanction of the Local Government. (2) Such Local Government may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such Judges, etc ... is to be conducted, and may specify the Court before which the trial is to be held. Section 198 Prosecution for breach of contract or defamation, or offences against marriage. No cognizance except upon a complaint made by some person aggrieved by such offence. Proviso : in certain cases some other person may with the leave of the Court, make a complaint on his or her behalf. * Inserted—ed.

416 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Section 199 Prosecution for adultery or enticing a married woman : No cognizance except upon a complaint made by the husband of the woman, or in his absence, made with the leave of the Court,” by some person who had care of such person on his behalf at the time when such offence was committed. POLICE REPORT I. How does it originate ? It originates in what is known as the first information. Information is usually given by the aggrieved party. But it may be given by any party. Even a police officer may give such information based on his knowledge. Not only that but in certain cases the law compels certain persons to give information. Section 44. Every person shall give information to the Magistrate or Police of certain offences. Section 45 Information given to the police may refer to a cognizable offence or to a non-cognizable offence. Congnizable offence is one in which the police can arrest without a warrant. Non cognizable offence is one in which the police cannot arrest without a warrant. Section 154 Information relating to a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant and every such information whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it and the substance of it shall be entered in a book to be kept by such officer in such form as the Local Government may prescribe in this behalf. Section 155 Information relating to non-cognizable offence He shall enter in a book to be kept the substance of such information and refer the informant to the Magistrate.

417THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 155 No police-officer shall investigate a non-coginzable case, without the order of a Magistrate of the 1st or 2nd class having power to try such case or commit the same for trial, or of a Presidency Magistrate. Section 156 Any officer in charge of a police-station may, without the order of a Majistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station, would have power to inquire into. The police report which can be the basis of action by a Magistrate, is based upon information relating to a cognizable offence. Section 157 If, from information received i.e. under Section 154, the officer has reason to suspect the commission of a cognizable offence then ; (1) He shall send a report of the same to a Magistrate empowered to take cognizance of it. (2) Shall proceed to the spot to investigate the facts and circumstances of the case and (3) take measures, if necessary, for the discovery and arrest of the offender. Provided (a) that the informant gives the names of the offender and the case is not of a serious nature, the officer need not proceed in person to make an investigation on the spot. (b) that if the officer thinks, there are no sufficient grounds for entering on an investigation, he shall not investigate the case. He shall state in his said report his reasons for not complying fully with the requirements of the Section. He should notify to the informant that he will not investigate the case or cause it to be investigated. But this withdrawl of the police cannot block the prosecution of the offender. They are two ways yet open.

418 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Section 159 I. The Magistrate, on receiving such report, may direct an investigation or may at once proceed and ask subordinate Magistrate to hold a preliminary inquiry into or otherwise dispose of the case in manner provided by the case. This is a preliminary report before completion of the investigation. The Magistrate can act under Section 159. But if the report is submitted after investigation, the Magistrate is not empowerd to act under this Section. II. The aggrieved party may move. If the police do not move, then they have the following powers ; Section 160 (1) to require attendance of witnesses by an order in writing. Witnesses are not required to tell the truth under this Section. If they give false testimony they cannot be prosecuted. They don’t sign it. It is made before police. Section 161 Police may examine witnesses acquainted with the facts of the case. (2) Such witnesses shall be bound to answer all questions put to them, unless the question incriminates them. Although Police can take statements from witnesses yet Section 162 (a) they shall not be signed by them, (b) they shall not be made use of at any inquiry or trial, in respect of any offence under investigation at the time when such statement was made. Provided that, on the request of the accused, the Court shall refer to such writing and direct that the accused be given a copy thereof for contradicting such witness, provided that Court may exclude that part which is irrelevant or its disclosure is inexpedient with interests of the public or does not promote the ends of justice. In short, they do not form evidence which can be said to be admissible. If such statements are to be treated as evidence, then they must be recorded by Magistrates and not Police Officers. Consequently provision is made in the Criminal Procedure Code.

419THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 164 Any Presidency Magistrate, Magistrate 1st class and Magistrate of the Second class especially empowered may, if he is not a police officer record any statement or confession made to him in the course of an investigation under this chapter. Statement shall be recorded in a manner prescribed for recording evidence. Confession is to be recorded in the manner provided for in Section 364. Provided that the Magistrate, before recording such confession, shall explain to the accused that he is not bound to make it and if he does so it may be used as evidence against him. No Magistrate shall record, unless he has reason to believe, that it is made voluntarily. On recording confession, Magistrate shall make a memorandum at the foot showing that he has observed the conditions. Search Section 165 (1) In the course of his investigation, a police officer may find it necessary to make a search in any place. Such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search or cause search to be made, for such thing in any place within the limits of that station in his charge. (2) The police officer shall, as far as possible, conduct the search in person. (3) He may authorize his subordinate after recording reasons in writing and specifying the place and thing to be searched. (4) The provisions of the Code, as to search warrants and the general provisions as to searches contained in Section 102 and Section 103, shall apply. (5) Copies of record made during search shall be sent to the nearest Magistrate and the owner or occupier of the place of search shall be given a copy of the record on payment of fees.