Section 170 of CrPC : Section 170: Cases to be sent to Magistrate, when evidence is sufficient.

CrPC

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Explanation using Example

Example 1:

Scenario: A Theft Case in Mumbai

Ravi, a shop owner in Mumbai, reports a theft at his store to the local police station. The police investigate the case and find sufficient evidence that points to Ramesh as the suspect. The officer in charge of the police station decides to forward Ramesh to the Magistrate.

  1. Investigation: The police gather evidence, including CCTV footage and witness statements, which clearly show Ramesh stealing items from Ravi's shop.
  2. Forwarding to Magistrate: Since the evidence is sufficient, the officer in charge forwards Ramesh, who is in custody, to the Magistrate empowered to take cognizance of the offence.
  3. Bailable Offence: If the theft is a bailable offence and Ramesh can provide security (bail), the officer takes security from Ramesh for his appearance before the Magistrate on a specified date.
  4. Sending Evidence: The officer sends the CCTV footage and other relevant articles to the Magistrate.
  5. Witness Bonds: The officer requires Ravi and other witnesses to execute a bond to appear before the Magistrate and give evidence against Ramesh.

Example 2:

Scenario: A Case of Assault in Delhi

Priya files a complaint at a Delhi police station, alleging that she was assaulted by her neighbor, Sunil. The police investigate and find sufficient evidence to support Priya's claim.

  1. Investigation: The police collect medical reports, witness statements, and other evidence that confirm the assault.
  2. Forwarding to Magistrate: The officer in charge decides to forward Sunil, who is in custody, to the Magistrate empowered to take cognizance of the offence.
  3. Non-Bailable Offence: Since assault may be a non-bailable offence, Sunil remains in custody and is forwarded to the Magistrate without the option of bail.
  4. Sending Evidence: The officer sends medical reports and other relevant articles to the Magistrate.
  5. Witness Bonds: The officer requires Priya and other witnesses to execute a bond to appear before the Magistrate and give evidence against Sunil.
  6. Chief Judicial Magistrate: If the bond mentions the Court of the Chief Judicial Magistrate, it includes any court to which the Magistrate may refer the case, provided reasonable notice is given to Priya and the witnesses.
  7. Bond Copy: The officer delivers a copy of the bond to Priya and sends the original bond along with his report to the Magistrate.

These examples illustrate how Section 170 of The Code of Criminal Procedure, 1973, is applied in real-life situations in India.

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