Section 204 (2) CrPC is confuse me

609 votes

Sir, from what you have mentioned here it's unclear as to what exactly is the status of the case. An appropriate solution to your query can be found after you provide some additional information. It's advisable to contact me and provide details to assist you better.

Advocate Ishan Parashar LawRato

982 votes

Hi, I understand your concern. Even if you’ve already mentioned the witnesses in your complaint, the court can still ask for them again under Section 204(2) CrPC before issuing process. This is because, at that stage, the court is only trying to satisfy itself whether there is sufficient ground to proceed. The court may ask for a brief examination of the witnesses listed by you to ensure that your complaint is not baseless or frivolous. This is just a procedural step and doesn’t mean your complaint is being doubted. Courts usually do this to avoid unnecessary harassment to the accused in false cases. It's a standard requirement and nothing to worry about. You just need to produce the witnesses for a brief examination, and after that the process can be issued. But yes, if the judge is insisting too much even when the complaint is clear, or if you're unsure about how to respond or what to do next, it's important to handle it properly. There could be a technical reason that’s not immediately visible. To avoid any mistake at this stage, feel free to contact me. I’ll help you understand what exactly the judge is expecting and how you should move forward.

Advocate Abhishek Kumar LawRato

749 votes

This Section ensures that the accused is aware of the witnesses against whom they will be facing trial. By requiring the list of prosecution witnesses to be filed before issuing process (summons or warrant), the accused is given prior notice of who will be testifying against them. Please explain in detail your case details

Advocate Rohit Lakra LawRato

945 votes

You would have filed complaint for lodging FIR or summoning accused. Under section 204 magistrate has powers to ask questions about incident & thereafter if you have prima facie case then magistrate shall issue process.

Advocate Prithvi Raj Sikka LawRato