Subhash Kadam 11 February 2020

What is 202

what is the content of CrPC 202?

Quick Summary

CrPC Section 202 outlines the magistrate's power to postpone the issue of process. If a magistrate believes the accused's residence falls outside their jurisdiction, they can delay proceedings. The magistrate may then direct an investigation by the police or another suitable person to determine if there are sufficient grounds to proceed. However, this investigation is not permitted if the offence is exclusively triable by the Court of Sessions or if the complainant and witnesses haven't been examined on oath.

3 Replies

Joy Bose 11 February 2020

Section 202 - Postponement of issue of process.

Any case which has come to a magistrate under section 192 of the CrPC, if he thinks fit that, the area where accused resides, does not come under his jurisdiction, may postpone the proceeding. Now, the magistrate can direct police or a person he thinks fit, the purpose of deciding whether there is sufficient ground for proceeding.

Provided that no such direction for investigation shall be made—

where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Sessions; or

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.

Regards,
Joy Bose