CrPC Section 212
Section 212 of the Criminal Procedure Code (CrPC), 1973 – Power of Magistrate to Order Further Investigation
Overview:
Section 212 of the CrPC gives the Magistrate the authority to order further investigation into a case, even after a police report or final report has been submitted. This is to ensure that justice is served and no important evidence is overlooked.
Text of Section 212 (Simplified):
After receiving the police report (or charge-sheet) or complaint, if the Magistrate believes that further investigation is necessary,
The Magistrate may order the police to carry out further investigation,
And may specify the points or matters on which investigation is required.
Detailed Explanation:
Purpose of Section 212:
To provide judicial oversight over the police investigation.
To ensure that all relevant facts and evidence are thoroughly examined.
To avoid premature dismissal of cases or incomplete investigation.
When Can It Be Used?
After the police submit the final report or charge sheet,
Or after a complaint has been filed and initial investigation is done,
If the Magistrate feels that some aspects have not been fully investigated.
Scope of Further Investigation:
The Magistrate can direct the police to re-investigate,
Focus on specific questions or evidence that need more clarity,
Collect additional evidence or re-examine witnesses.
Effect on the Case:
Further investigation can delay trial proceedings but ensures completeness.
Helps in uncovering facts that may prove the innocence or guilt of the accused.
Judicial Discretion:
The Magistrate exercises discretion based on the merits of the case.
Further investigation is ordered only if there is a reasonable ground.
Practical Implications:
If important evidence emerges late, or the initial investigation is found lacking, the Magistrate can ask the police to look into those points again.
Protects the rights of the accused and complainant by ensuring no stone is left unturned.
Summary:
Section 212 of the CrPC empowers a Magistrate to order further investigation after the police report is submitted, thereby ensuring a thorough inquiry and aiding the cause of justice.
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