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Icfai University: Assignment of CRPC

The document discusses the process for filing a complaint before a magistrate in India under the Code of Criminal Procedure (CrPC). [1] It outlines the examination process where the magistrate examines the complainant and any witnesses on oath and records their statements. [2] It also describes the procedures for magistrates who are not competent to take cognizance of a case and allows for postponement of issuing process against the accused for further inquiry or investigation. [3] The magistrate may dismiss the complaint if after considering statements and the inquiry or investigation results, there is no sufficient ground for proceeding.

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Anshul Kumar
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109 views3 pages

Icfai University: Assignment of CRPC

The document discusses the process for filing a complaint before a magistrate in India under the Code of Criminal Procedure (CrPC). [1] It outlines the examination process where the magistrate examines the complainant and any witnesses on oath and records their statements. [2] It also describes the procedures for magistrates who are not competent to take cognizance of a case and allows for postponement of issuing process against the accused for further inquiry or investigation. [3] The magistrate may dismiss the complaint if after considering statements and the inquiry or investigation results, there is no sufficient ground for proceeding.

Uploaded by

Anshul Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ICFAI UNIVERSITY

ASSIGNMENT OF CrPC

TOPIC- COMPLAINT BEFORE MAGISTRATE


AND IT’S PROCESS

SUBMITTED BY SUBMITTED TO

ANSHUL KUMAR Mrs. SEEMA SHAARMA

ROLL NO-17FLICDDN01023 Assistant professor

BBA LL.B (Hons) 3rd YEAR THE ICFAI UNIVERSITY DEHRADUN


Section 200 – Examination of complainant

A Magistrate taking cognizance of an offence on complaint shall examine upon oath the
complainant and the witnesses present, if any, and the substance of such examination shall be
reduced to writing and shall be signed by the complainant and the witnesses, and also by the
Magistrate:

Provided that, when the complaint is made in writing, the Magistrate need not examine the
complainant and the witnesses,

1. if a public servant acting or purporting to act in the discharge of his official duties or a
Court has made the complaint; or
2. if the Magistrate makes over the case for inquiry or trial to another Magistrate under
section 192:

Provided further that if the Magistrate makes over the case to another Magistrate under
section 192 after examining the complainant and the witnesses, the latter Magistrate need
not re-examine them.

Section 201 – Procedure by Magistrate not competent to take cognizance of


the case

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence
he shall,

1. if the complaint is in writing, return it for presentation to the proper Court with an
endorsement to that effect;
2. If the complaint is not in writing, direct the complainant to the proper Court.

Section 202 – Postponement of issue of process

1. Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take


cognizance or which has been made over to him under section 192, may, if he thinks fit
and shall in a case where the accused is residing at a place beyond the area in which he
exercises his jurisdiction, postpone the issue of process against the accused, and either
inquire into the case himself or direct an investigation to be made by a police officer or
by such other person as he thinks fit, for the purpose of deciding whether or not there is
sufficient ground for proceeding:

Provided that no such direction for investigation shall be made-


1. where it appears to the Magistrate that the offence complained of is triable
exclusively by the Court of Sessions; or
2. where the complaint has not been made by a Court, unless the complainant and
the witnesses present (if any) have been examined on oath under section 200.
2. In an inquiry under Sub-Section (1), the Magistrate may, if he thinks fit, take evidence of
witness on oath:

Provided that if it appears to the Magistrate that the offence complained of is triable
exclusively by the Court of Session, he shall call upon the complainant to produce all his
witnesses and examine them on oath.
3. If an investigation under Sub-Section (1) is made by a person not being a police officer,
he shall have for that investigation all the powers conferred by this Code on an officer in
charge of a police station except the power to arrest without warrant.

Section 203 – Dismissal of complaint

If, after considering the statements on oath (if any) of the complainant and of the witnesses and
the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion
that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every
such case he shall briefly record his reasons for so doing.

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