Commencement of

Proceedings Before
Magistrates(sec 204-210)
Introduction
The Code of Criminal Procedure,1973 is one of the oldest legislation that
regulates the substantial criminal law in India. It mentions the various
procedures and processes to be followed while conducting a criminal
proceeding. Chapter XVI of The Code of Criminal Procedure deals with the
commencement of proceedings before Magistrate. The Magistrate has to
follow all the provisions provided in the chapter so that it will not be difficult
during the proceedings. 

Scope of the topic

The Magistrate in India has a lot of power to conduct criminal proceedings.
The cases in the criminal procedure code are divided into two types namely:
summary case and warrants case. The main difference between both of them
is the punishment awarded. The offences in warrants case are usually
awarded punishments like death, life imprisonment or imprisonment for up to
two years. The offences which cannot be awarded punishments like the death
penalty and life imprisonment can be tried under summary trials. This
chapter deals with the commencement of the proceedings. When an accused
is summoned to appear before the Magistrate under this chapter. This
chapter provides answers to various questions like the issue of process, the
supply of a copy of statements and documents related to the investigation
and it also deals with the procedure to be followed when there is a complaint
case.
Scrutiny of the complainant before issues of
process
The examination of the complainant is an initial process that strengthens the
entire proceedings. This process adds credibility to complaints in the
beginning stages. It is necessary to scrutinize the complaint before issuing
the process. Chapter XVI would come into play only after this examination is
over. The locus standi of the complainant is verified using this examination.
The magistrate can issue the process without postponing: when the prima
facie case is made out in the investigation. This process of scrutinizing the
complainant has to be done by the Magistrate himself and not by the
advocate, however, the concerned advocate can help in the process. 

According to this section, the Magistrate can take cognizance when:

1. After receiving a police complaint;

2. After receiving complaints of facts which constitutes any offence;
3. After receiving information from any person other than a police
officer, or upon his own knowledge, that such offence has been
committed;
4. The Chief Judicial Magistrate can empower any Magistrate of the
second class to take cognizance of offences which are within his
competence to conduct an inquiry or a trial.
The Magistrate can scrutinize the complaint and examine it completely before
issuing a process.

Examination of complainant
Section 200 of the Code of Criminal Procedure deals with the examination of
the complainant. The magistrate after taking cognizance of an offence has to
examine the complainant and witnesses present. This examination has to be
done upon oath. The magistrate also has the duty to note down the relevant
information found in such examination. The substance of such examination
should be given in writing and that has to be signed by the complainant and
the witnesses. The magistrate need not conduct this examination when:

1. If the complaint is made by a public servant who is acting or

purporting to act in the discharge of his official duties or a Court;
2. If the Magistrate makes over the case for enquiry or trial to another
Magistrate under Section 192.
If the magistrate in charge has examined the case and makes over the case
for enquiry or trial to another magistrate, then the latter magistrate does not
need to examine the cases again.

Inquiry or Investigation for further scrutiny of

the complainant
Section 202 of the act provides further scrutiny of the complainant. The
issuance of the process can be postponed if the Magistrate feels there is a
need for further investigation. The Magistrate will decide whether there is a
proper ground for conducting the proceeding. The scope of enquiry under
this section is restricted to the ascertainment of truth or falsehood made out
in the complaint.

Dismissal of complaint
Section 203 provides power to the Magistrate to dismiss a complaint. The
Magistrate can dismiss the complaint if he is of the opinion that there are no
sufficient grounds for conducting the proceedings. The Magistrate comes to
this conclusion after conducting an appropriate inquiry or investigation under
Section 202. The Magistrate can also dismiss the complaint if the processing
fee is not paid properly and this ground of dismissal is mentioned in Section
204. In the case of Chimanlal v Datar Singh, it was said that the dismissal of
a complaint is not proper if the Magistrate has failed to examine material
witness under Section 202. The Magistrate can dismiss the complaint or can
refuse the issue of the process when:

1. The Magistrate finds out no offence has been committed after the
complaint is reduced to writing according to Section 200;
2. If the Magistrate distrusts the statements made by the complainant;
3. If the Magistrate feels that there is a need to conduct further
investigation, then he can delay the issue of process.

Issuing a summons or warrant(sec 204)

Section 204 of this act provides the Magistrate power to issue a process if it
is found that there are sufficient grounds for carrying out the proceeding. The
Magistrate can issue a summons if it’s a summons case. A warrant is issued
in case of a warrant case. The Magistrate can also issue summons to the
accused in order to make him appear before the Magistrate concerned within
a certain date. No process shall be issued by the Magistrate if there are any
arrears in the payment of “process-fee” until the fee is paid within a
reasonable time. No summons or warrants can be issued against the accused
until a list of the prosecution witness has been provided.
Power to dispense with the personal
attendance of the accused(sec 205)
Section 205 provides the Magistrate powers to dispense the personal
attendance of the accused in certain situations. The Magistrate can dispense
the personal attendance of the accused and permit him to appear by his
pleader if there are proper reasons. The Magistrate can also direct the
personal attendance of the accused in any stage of the investigation if it is
necessary. The exemption from personal appearance cannot be claimed as a
right but it is completely under the discretion of the court after applying
relevant judicial principles. The Magistrate considers various factors to
dispense attendance like:

1. Social status.
2. Customs and practice.
3. The distance at which the accused resides.
4. The necessity of personal attendance with regards to the offence
and the stages of the trail.

Special summons in cases of petty

offences. (sec 206)
The Magistrate can issue some special summons in cases of petty offences
according to Section 206 (2) For the purposes of this section,” petty offence”
means any offence punishable only with a fine not exceeding one thousand
rupees, but does not include any offence so punishable under the Motor
Vehicles Act, 1939 or under any other law which provides for convicting the
accused person in his absence on a plea of guilty. When a Magistrate takes
cognizance of petty offences the case can be summarily dismissed according
to Section 260, but sometimes the Magistrate will send the summons for the
person to appear in person or by pleader when it is needed. The reason for
such a decision has to be recorded. 

Supply to the accused of copies of

statements and other documents(sec 207)
It is essential to supply relevant documents to the accused so that they can
understand the procedure followed and the status of the case. The
documents supplied might also be used for future reference whenever
necessary. The main need behind providing such documents is to avoid
prejudice during the trial. The non-supply of materials by the Magistrate that
is provided in Section 207 can be successfully used for setting aside a
conviction.

Where the proceeding is instituted on a police

report
Section 207 provides that the Magistrate has to provide certain copies of
documents to the person accused when the proceedings are instituted on a
police report. The documents must be provided free of cost. The necessary
documents that have to be provided are:

1. The police report;

2. The First Information Report(FIR) which is recorded under Section
154;
3. The statements which are recorded Sub-section (3) of Section
161 of all persons whom the prosecution proposes to examine as its
witnesses;
4. The confessions and statements that are recorded under Section
164 if available;
5. Any other relevant document which is forwarded to the Magistrate
with the police report.
In the case of Viniyoga International New Delhi v. State, it was said that the
accused is entitled to get copies of statements that are recorded under
Section 161 and of the documents sought to be relied on by the prosecution.
It was also said that it is mandatory to provide copies of challan to the
accused. This section does not deal with how to handle the situation when
some of the witnesses are not examined, but only provides furnishing of
statements of the persons examined.

Where the proceeding is in respect of an

offence exclusively triable by the Court of
Session(sec 208)
The court has to provide certain documents to the accused when the offence
is triable exclusively by the Court of Session according to Section 208. These
documents should be provided when the case is not instituted based on the
police reports. The documents are:
 1. The statements recorded under Section 200 or Section 202 after the
investigation by Magistrates;
2. Any documents that are produced before the Magistrate on which
the prosecution proposes to rely;
3. The statements and confessions that are recorded under Section
161 or Section 164 if available.

The commitment of the case to Court of

Session(sec 209)
Section 209 deals with the commitment of the case to the Court of Session.
According to this section if a Magistrate feels that if the offence is triable
exclusively by the Court of Session after instituting a case, then,

1. The Magistrate can commit the case to the Court of Session;

2. The accused can be remanded in custody until the proceedings are
subject to the other provisions relating to bail;
3. The Magistrate can send evidence and other relevant evidence to
the concerned court to carry out the proceedings;
4. The Magistrate can also notify the Public Prosecutor of the
commitment of the case to the Court of Session.

Consolidation of cases(sec 210)

Section 210 deals with the procedures to be followed when there is a
consolidation of cases instituted on a police report and on a complaint. The
Magistrate can stay the proceedings of any inquiry or trial and call for a
report on the matter from the police officer conducting the investigation if it
is done in the same subject of inquiry. If the police report does not relate to
any accused in the 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, according to other provisions in the code. If a report is
made by the investigating police officer according to Section 173 and based
on such report cognizance of any offence is taken by the Magistrate against
any person who is accused, then the Magistrate shall inquire into or try
together both the complaint case and the case arising out of the police report
as if both the cases were instituted on a police report.

Conclusion
This chapter is very essential as it deals with the commencement of
proceedings. The provisions in this chapter have to be followed properly so
that it regulates the other stages of the proceedings. The issue of
proceedings is one of the important procedures in conducting a criminal
investigation. The supply of copies of documents to the accused relating to
the proceedings is also necessary. Thus, the provisions of this chapter have
to be followed carefully so that it will not affect the other parts of the
proceedings.