The
Code of Criminal Procedure, 1973
CHAPTER XVI
: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204. Issue of process
(1) If in the opinion of a Magistrate taking cognizance of an offence
there is sufficient ground for proceeding, and the case appears to be-
(a) a summons-case, he shall issue his summons for the attendance of
the accused, or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a
summons, for causing the accused to be brought or to appear at a certain
time before such Magistrate or (if he has no jurisdiction himself) some
other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under
sub-section (1) until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every
summons or warrant issued under sub-section (1) shall be accompanied
by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or
other fees are payable, no process shall be issued until the fees are
paid and, if such fees are not paid within a reasonable time, the Magistrate
may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions
of section 87.
205. Magistrate may dispense with personal attendance of accused
(1) Whenever a Magistrate issues a summons, he may, if he sees reason
so to do, dispense with the personal attendance of the accused and permit
him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his
discretion, at any stage of the proceedings, direct the personal attendance
of the accused, and, if necessary, enforce such attendance in the manner
hereinbefore provided.
206. Special summons in cases of petty offence
(1) If, in the opinion of a Magistrate taking cognizance of a petty
offence, the case may be summarily disposed of under section 260, the
Magistrate shall, except where he is, for reasons to be recorded in writing
of a contrary opinion, issue summons to the accused requiring him either
to appear in person or by pleader before the Magistrate on a specified
date, or if he desires to plead guilty to the charge without appearing
before the Magistrate, to transmit before the specified date, by post
or by messenger to the Magistrate, the said plea in writing and the amount
of fine specified in the summons or if he desires to appear by pleader
and to plead guilty to the charge through such pleader, to authorise,
in writing, the pleader to plead guilty to the charge on his behalf and
to pay the fine through such pleader:
Provided that the amount of the fine specified in such summons shall
not exceed one hundred rupees.
(2) For the purposes
of this section, "petty offence"'
means any offence punishable only with fine not exceeding one thousand
rupees, but does not include any offence so punishable under the Motor
Vehicles Act, 1939 (4 of 1939), or under any other law which provides
for convicting the accused person in his absence on a plea of guilty.
17[(3) The State Government may, by notification, specially empower
any Magistrate to exercise the powers conferred by sub-section (1) in
relation to any offence which is compoundable under section 320 or any
offence punishable with imprisonment for a term not exceeding three months,
or with fine or with both where the Magistrate is of opinion that, having
regard to the facts and circumstances of the case, the imposition of
fine only would meet the ends of justice.]
207. Supply to the accused of copy of police report and other documents
In any case where the proceeding has been instituted on a police report,
the Magistrate shall without delay furnish to the accused, free of cost,
a copy of each of the following:-
(i) the police report;
(ii) the first information report recorded under section 154;
(iii) the statements recorded under sub-section (3) of section 161
of all persons whom the prosecution proposes to examine as its witnesses,
excluding therefrom any part in regard to which a request for such exclusion
has been made by the police officer under sub-section (6) of section
173;
(iv) the confessions and statements, if any, recorded under section
164;
(v) any other document or relevant extract thereof forwarded to the
Magistrate with the police report under sub-section (5) of section 173
:
Provided that the Magistrate may, after perusing any such part of a
statement as is referred to in clause (iii) and considering the reasons
given by the police officer for the request, direct that a copy of that
part of the statement or of such portion thereof as the Magistrate thinks
proper, shall be furnished to the accused :
Provided further that if the Magistrate is satisfied that any document
referred to in clause (v) is voluminous, he shall, instead of furnishing
the accused with a copy thereof, direct that he will only be allowed
to inspect it either personally or through pleader in Court.
208. Supply of copies of statements and documents to accused in other
cases triable by Court of Session
Where, in a case instituted otherwise than on a police report, it appears
to the Magistrate issuing process under section 204 that the offence
is triable exclusively by the Court of Session, the Magistrate shall
without delay furnish to the accused, free of cost, a copy of each of
the following:-
(i) the statements recorded under section 200 or section 202, of all
persons examined by the Magistrate;
(ii) the statements and confessions, if any, recorded under section
161 or section 164;
(iii) any documents produced before the Magistrate on which the prosecution
proposes to rely :
Provided that if the Magistrate is satisfied that any such document
is voluminous, he shall, instead of furnishing the accused with a copy
thereof, direct that he will only be allowed to inspect it either personally
or through pleader in Court.
209. Commitment of case to Court of Session when offence is triable exclusively
by it
When in a case instituted on a police report or otherwise, the accused
appears or is brought before the Magistrate and it appears to the Magistrate
that the offence is triable exclusively by the Court of Session, he shall-
18[(a) commit, after complying with the provisions of section 207 or
section 208, as the case may be, the case to the Court of Session, and
subject to the provisions of this Code relating to bail, remand the accused
to custody until such commitment has been made;]
(b) subject to the provisions of this Code relating to bail, remand
the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and
articles, if any, which are to be produced in evidence;
(d) notify the Public Prosecutor of the commitment of the case to the
Court of Session.
STATE AMENDMENTS
In Gujarat, w.e.f. 7th July, 1976
In section 209 for clause (a), the following clause shall be substituted:
-
"(a) Commit the case, after complying with the provisions of section
207 or section 208, as the case may be, to the Court of Session and,
subject to the provisions of this Code relating to bail, remand the accused
to custody until such commitment has been made".
In Uttar Pradesh
In section 209 for clauses (a) and (b), the following clauses shall
be substituted and be deemed always to have been substituted: -
"(a) as soon as
may be after complying with the provisions of section 207, commit the
case to Court of Session;
(b) subject to the provisions
of the Code relating to bail, remand the accused to the custody until
commitment of the case under clause (a) and thereafter during and until
the conclusion of the trial."
210. Procedure to be followed when there is a complaint case and police
investigation in respect of the same offence
(1) When in a case instituted otherwise than on a police report (hereinafter
referred to as a complaint case), it is made to appear to the Magistrate,
during the course of the inquiry or trial held by him, that an investigation
by the police is in progress in relation to the offence which is the
subject-matter of the inquiry or trial held by him, the Magistrate shall
stay the proceedings of such inquiry or trial and call for a report on
the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section
173 and on such report cognizance of any offence is taken by the Magistrate
against any person who is an accused in the complaint case, the Magistrate
shall inquire into or try together the complaint case and the case arising
out of the police report as if both the cases were instituted on a police
report.
(3) If the police report does not relate to any accused in the complaint
case or if the Magistrate does not take cognizance of any offence on
the police report, he shall proceed with the inquiry or trial, which
was stayed by him, in accordance with the provisions of this Code.
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