INDIAN KANOON SECTION 202 CrPC - Code of Criminal Procedure - Postponement of issue of process

  • Description

    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.

Find the best lawyer for CrPC Section 202 charges

Criminal Lawyers in

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 17 years

Advocate Ricky Chopra

  Sector 51
 Experience: 17 years

View all >>

Get free assistance for your legal issue

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly

We're in News