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Gurjinder Singh (Counsel)     20 November 2012

Regarding 202 crpc

A complaint regarding 406, 498A IPC has been filed against me in the court. After taking cognizance on the matter by the magistrate, he moved the matter to the police u/s 202 CrPC. Now the police is calling upon me as well as my family members (accused) to get the statement recorded alongwith witnessess. Is there any provision that police officer can record statement of accused during the course of investigation u/s 202 CrPC??


 2 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     20 November 2012





Section 202 in The Code Of Criminal Procedure, 1973

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.



For your further help as required in detailed kindly check Q.2 of the below website blog of Mr. Mohinder Singh Teji

surjit singh (Assistant)     20 November 2012

Yes police can record your statement and the witness but cannot arrest without order from the magistrate, but in complaint case arrest are not asked for only the investigation report is submitted to the court.

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