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Criminal Trial Procedure in Non-cognizable offences
05-Aug-2023 (In Criminal Law)
Hello,
What is the Criminal Trial Procedure in Non-cognizable offences having punishment upto 3 years.
offences having more than 2 year of punishment are summon cases and offences having punishment more than 2 years are warrant cases.
In a case where the punishment is more than 2 years (being warrant case) but the offence is non-cognizable.
In such case, should the criminal complaint be directly file before magistrate u/s 190 crpc or first i have to file complaint u/s 155 crpc before SHO and then seek direction from magistrate u/s 155(2)crpc for conducting investigation?
Thanks
The basic premise of a non-cognizable case is that the police officer cannot arrest without a warrant ( Section 2(l) crpc. You can directly file an FIR, but the policeman will have to apply for a warrant before a magistrate. in such a case, it is advisable to directly file a complaint before the magistrate.
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Adv. Shashwat Jindal
Ludhiana | 25+ Answers
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