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Complaint to Magistrate under Chapter 15 Cr.P.C.

The Code of Criminal Procedure Act, 1973 : Complaint

CHAPTER XV COMPLAINTS TO MAGISTRATES

200. Examination of complainant.

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-

(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint ; or

(b) 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.


  1. State of West Bengal v. Bejoy Kumar Bose, AIR 1978 SC 188 : 1978 (2) SCR 382
  2. Ajit Kumar Palit v. State of West Bengal [1963] Supp. (1) SCR 953
  3. Gopal Das Sindhi v. State of Assam, AIR 1961 SC 986

201. Procedure by Magistrate not competent to take cognizance of the case.

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,-

(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.


  1. Devendra Kishanlal Dagalia v. Dwarkesh Diamonds (P) Ltd., (2014) 2 SCC 246

202. Postponement of issue of process.

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, 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,–

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session ; or

(b) 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 witnesses 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.


  1. Bhagat Ram v. Surinder Kumar, (2004) 11 SCC 622
  2. Rosy v. State of Kerala, (2000) 2 SCC 230
  3. Kewal Krishan vs. Suraj Bhan, 1980 Supp. SCC 499
  4. Mohinder Singh v. Gulwant Singh, (1992) 2 SCC 213
  5. Tula Ram v. Kishore Singh, AIR 1977 SC 2401
  6. Nagawwa v. Veeranna Shivalingappa Kongalgi, AIR 1976 SC 1947
  7. Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy AIR 1976 SC 1672
  8. Nirmaljit Singh Hoon vs State of W.B., (1973) 3 SCC 753
  9. Jamuna Singh vs. Bhadai Shah, AIR 1964 SC 1541
  10. Chandra Deo Singh v. Parkash Chandra Bose, AIR 1963 SC 1430
  11. Pramatha Nath Talukdar vs Saroj Ranjan Sarkar, AIR 1962 SC 876
  12. Vadilal Panchal vs. Dattatraya Dulaji Ghadigaonkar, AIR 1960 SC 1113

203. Dismissal of complaint.

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.


  1. D.N. Bhattacharjee v. State Of West Bengal, AIR 1972 SC 1607 : 1972 (3) SCR 973

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