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Bengal Presidency - Section

Section 536 in Police Regulations, Bengal , 1943

536. Magistrate's general register of cases. [§ 12, Act V, 1861].

(a)A register in Bengal Form No. 3817 shall be kept in order that the Magistrate having jurisdiction shall see in a convenient form all cognizable cases reported to the police and the Magistrate who tries a case shall enter his orders in the column allotted for this purpose.
(b)Cognizable cases in which the Magistrate issues process on complaint made to him or of his own motion, but in which no first information has been laid to the police or enquiry conducted by them, shall not be entered in the register.
(c)The senior Court officer is responsible that the register is properly written up, but in order to leave him free to prosecute cases the actual writing of the register and its submission to the Magistrate may be entrusted to the next senior officer below him.
(d)On receipt of the First Information Report of a case the Court officer shall fill in columns 1 to 8 of the register, and, after recording on the top of the First Information Report its number in the general register, shall submit it and the register to the Magistrate, who will initial column 9. First Information Reports of heinous or important cases shall, however, be submitted to the Magistrate immediately after receipt.
(e)Every case which is reported at a police-station during a year, no matter when the crime was committed, shall be entered in the register and shall receive a consecutive number for that year, even though the first information may not have been received until after the end of the year. The monthly, consecutive number shall also be given below the yearly number, thus
19(yearly number)5(monthly number)
(f)Cognizable cases instituted by complaint or petition to a Magistrate, and referred to the police for investigation shall also be entered in the register, and shown in red ink in the crime compilation sheet.
(g)As soon as the final papers of a case are received by the Court officer, whether a chargesheet or a final report form, he shall fill in columns 10 to 14 of the register and again submit it with the final report or chargesheet to the Magistrate. The Magistrate, if a chargesheet has been submitted, shall either take the case on to his own file or shall pass orders, to be entered in column 15 as to what Magistrate is to try the case. If a chargesheet has not been submitted, but a final report, the Magistrate shall pass such preliminary order as he may consider necessary, e.g., for further enquiry or for the complainant to produce his witnesses, and such order shall be entered in column 15, or if no preliminary order is required he shall pass final orders and enter them in column 16. The entry in column 16 shall indicate clearly how the case is to be shown in the returns, what amount of property is to be entered as stolen and recovered in the khatian register, and how any property of which possession has been taken by the police is to be disposed of.
(h)When the case has been tried and disposed of, the Court officer shall enter in column 16 the order of the Magistrate as to the commitment, conviction, acquittal, or discharge of the accused, and obtain the Magistrate's initial to the entry, which should indicate clearly how the case is to be shown and, where appropriate, the other details mentioned in clause (g) above.
(i)In cases of alleged theft of property in which investigation has been refused by the police on the ground that the matter in dispute should be decided by a Civil Court, property should not be shown by the Magistrate as stolen or recovered in the general register. Court officers should draw the attention of Magistrates to the above and make entries in the compilation sheet accordingly.
(j)The order in column 16 for entry of the cases in the returns shall take one of the following forms :-
Not investigated. Enter section ----
True. Enter section ----
Intentionally false. Enter section ----
Mistake of law. Enter section ----
Mistake of fact. Enter section ----
Non-cognizable. Enter section ----
These represent the classification recognised for statistical purposes in Crime Statement A-I prescribed by the Central Government, and all cases shall be brought under one or other of the above classes. Orders such as "dismissed," "struck off as false," "doubtful," are not explicit and do not indicate how the case is to be entered. If a Magistrate, notwithstanding, treats a case as doubtful, it must be entered in the returns as true.
(k)The names of all accused persons charged with offences under Chapters XII and XVII of the Indian Penal Code, whose real names and residences are not known, shall be underlined in red ink. The names of persons residing outside the district shall be doubly underlined.
(l)Persons who have been arrested and subsequently released by the police on bail and have not, been required to appear before a Magistrate shall not be shown as acquitted.
(m)The entries in columns 10 to 14 relating to a case in which the final report has not been submitted within 14 days from the date of drawing up the First Information Report shall be made in red ink. Similarly, entries in columns 15 and 16, subsequent to a case having been remanded four times, will be made in red ink.
(n)In case in which the accused are absconding and should be arrested, a conspicuous red cross shall be made in the column of remarks, so that it may be easily seen what cases are pending on this account. The various steps taken from time to time to cause the appearance of absconders shall be briefly noted.
(o)To ensure absconders not being overlooked, the number of persons charged shall always be shown in column 8, and all these persons should be accounted for in column 12, thus :-
Sent up-Madar Baksh.Not proved against-Shaikh Salim.Absconded-Muhammad Ali
(p)When an offender who has been previously convicted is sent up for trial, the letters "P.C." shall be written in red ink in column 12 against his name. If a case ends in conviction, the orders shall be entered on conviction and not on expiry of the period allowed for appeal. If a sentence be quashed or modified on appeal, a note of the order shall be made in red ink in the general register to ensure entry of the amended order in the compilation sheets, and information shall be sent to the police-station as required by regulation 535(d).
(q)Against the name of any convict regarding whom orders under section 565 of the Code of Criminal Procedure,
have been passed,| P.R.T.565| shall be noted in the general register in the column of remarks.
(r)In column 17 the Court officer shall enter a reference to the corresponding entry in the compilation sheets and note the date of the despatch of the final memorandum. Remands shall be noted in column 15.
(s)All railway cases shall be distinguished by a conspicuous red ink "R".
(t)At the end of the year charge-sheet cases in which there are absconders shall be shown as pending.