Saturday, February 24, 2024

Understanding G.R. and C.R. Cases: Definition, Examples, and Implications

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GR case and CR case is the main topic of today’s discussion. I want to know what is the G.R. and C.R. cases. Law is a very complex and delicate subject. Many can explain the law in many ways, in detail, and with examples. Generally, notice one thing that there is a lot of lack of knowledge about the case among our common people.

What are G.R. and C.R. CASE?

Due to a lack of knowledge about the law, we face various harassment or problems every day. The Criminal Procedure Code is basically a procedural law that states how criminal cases in Bangladesh are to be conducted.

Courts and lawyers mainly conduct cases under this Code of Criminal Procedure and the police investigate cases, arrests, etc. under this Act.

However, there are many other special laws that provide for different procedures. However, the Code of Criminal Procedure is considered the main procedural law.

In one word, the cases which are entered in the police station are GR cases and the cases which are filed in court are CR cases.

Different steps of CR cases

Many people say that I will directly go to the court and file a case, this is called a CR case, which in full is a complaint registrar case or complaint case.

The concerned magistrate hears the complaint and accepts or withdraws the case. Special non-commissionable offenses are to complain to the Magistrate.

But if you want to go to the court and file a case with the magistrate, the magistrate takes a decision according to the type of case, which is usually directed to the police station to take the case, which can also be called a GR case.

According to Section 190 of the Code of Criminal Procedure, the Magistrate takes CR cases and according to Section 200, the complainant takes the sworn statement and initiates the case.

After receiving the CR case, if the Magistrate feels that there is doubt about the allegations, he can take the case at that time and order an investigation under Section 202.

The police investigated the incident and submitted a report to the court under section 173. If the Magistrate after receiving the report finds that the incident is not true then he can dismiss the case under Section 203.

In this case, the complainant can file a protest against the police investigation report, seeking re-investigation. Or the Magistrate himself may order a re-investigation.

Then the trial of the case started step by step.

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Steps in GR case

G.R. means the general registered case, and all the cases in the police station are GR cases. According to the Schedule to the Code of Criminal Procedure, those crimes which are cognizable under the Penal Code, if they are committed in the area under the jurisdiction of a police station, the police station can take direct action which is GR Cases.

A GR case is generally initiated through an FIR (First Information Report) under Section 154 of the Code of Criminal Procedure.

In the case of GR, the police investigated under section 156.

According to this section of the Criminal Procedure Code, when a GR case is filed, the police can arrest the accused by conducting an immediate investigation or determining the prima facie case, without any warrant of arrest from the court.

In CR cases, the summons or warrant of arrest is generally enforceable only after the court issues an investigation.

According to the law, all cognizable crimes are crimes against the state, so the plaintiff in all criminal cases is the state.

What are cognizable and non-cognizable offenses?

However, there is another type of case which you may not know is Non-G.R. which turns into a case from GD. NGR or Non-GR cases are made under Section 155 of the Criminal Procedure Code.

Now your question may arise which are cognizable and non-cognizable crimes? They are mentioned in column 2 of Schedule 3 of the Code of Criminal Procedure.

Serious offenses are described as cognizable here. And lighter offenses are said to be non-cognizable.

These have been described in columns in the Criminal Procedure Code in light of the sections under the Penal Code.

Bail in G.R. and C.R. cases

Bail is a constitutional right of an accused. When a CR or GR case is filed against someone, he is immediately called an accused and not a criminal.

No one can be called a criminal if a case is filed against him until the court punishes him.

Section 496 of the Code of Criminal Procedure provides details about bail. The court shall grant bail to the accused in those offenses which are bailable as mentioned in the Schedule to the Code of Criminal Procedure.

The Schedule to the Criminal Procedure Code also mentions which sections of the Penal Code are bailable and non-bailable.

Besides, other special laws also have their own provisions on bail. One thing that should be clearly stated is that Section 497 of the Code of Criminal Procedure states that if a person accused of a non-bailable offense is arrested or detained without a warrant by an officer in charge of a police station or appears in court or is produced, he can be released on bail.

But he shall not be so released if there are reasonable grounds to believe that he is guilty of an offense punishable with death or imprisonment for life.

However, it is further provided that if a person accused of a non-bailable offense is under sixteen years of age or a female or afflicted or incapacitated, the court may order him to be released on bail.

Sub-section (2) of Section 497 states that if it appears to the said officer or court at any stage of investigation or trial that there are no reasonable grounds to believe that the accused has committed any non-bailable offense, but there are sufficient grounds for further inquiry into his guilt, then such Subject to an investigation, the accused shall be released on bail or in the discretionary power of the said officer or court as hereinafter described if he executes a bond without a surety to appear.

Therefore, bail has been discussed in detail in Sections 496 and 497.

Related case references

In the light of Section 496 in a case observation, the basic idea of the expression bail is to commit any person to the custody of the police by a surety and the surety is a person who promises to produce the accused before the court whenever required by the court. [5 DLR (FC) 154]

In another case, section 497 held that the bail application should not be rejected on the ground that the accused would not be allowed to testify freely if the accused was granted bail.

On the other hand, if the accused is granted bail and there is a possibility that the witnesses will be intimidated, then the Magistrate would do well to reject the bail application. [22 Bom 539]

Our advice

Recently, the rate of CR cases is very high, among which most of the cases are cognizable, the court ordered the concerned police station to file cases regularly.

When the officer-in-charge of the police station shows inability or unwillingness to take any complaint, you can decide to file a case in court.

The course of law is open to take any direction at any time. Therefore, any legal decision should be made with the advice of a learned lawyer. Thank you.

Shipta Barua
Shipta Baruahttps://legalhome.org
Shipta Barua has been Completed LL.B(Hon's) from Cox's Bazar International University and completed LL.M in Human Rights at Southern University Bangladesh. Writing and discussion about the critical and important topics of law in his choice. For primary Legal support and enrich to the general people legal knowledge he working in the Legal Home.

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