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What is Section 202 CrPC?
What is the scope of enquiry under Section 202 CrPC?
Which statements were recorded under Section 202 CrPC?
What is a bad order under Section 202 CrPC?
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, [and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction ...
- Section 202(1) in The Code of Criminal Procedure, 1973
Section 202 (1) in The Code of Criminal Procedure, 1973. (1)...
- Omprakash And 3 Others vs State Of U.P. And Another on 10 ...
The duty of a Magistrate receiving a complaint is set out in...
- Section 202(1) in The Code of Criminal Procedure, 1973
- Introduction
- Process Before Invoking Section 202 Crpc
- What Is Section 202 Crpc
- Features of Section 202 Crpc
- Objectives of Section 202 Crpc
- Relevant Judgements
- Lacunae in Section 202 Crpc
- Issue of Process Under Section 204 Crpc
- Conclusion
- Frequently Asked Questions
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There is a saying in criminal law that it is better to have ten guilty persons escape than one innocent suffer. This is the very objective of justice i.e., to ensure absolute fairness for all. It has been imbibed in the Code of Criminal Procedure, 1973. A person who is a victim of a criminal act can adopt various routes like approaching the police ...
Before the application of Section 202 in any given case, there are certain prerequisites that are needed to be fulfilled which are as follows: 1. When a criminal act is committed against the person concerned, he/she has two routes to seek justice. 1. They can either approach the police and get an FIR (First Information Report) filed with them which...
Section 202 of the Code of Criminal Procedure, 1973 primarily focuses on the postponing of the issue of process on the part of the Magistrate. In other words, a Magistrate, if he deems fit to carry out a further inquiry in a given case either by himself/herself or an investigation by the police, may postpone the issue of process. This Code primaril...
Post cognizance stage
The need for Section 202 arises after the Magistrate has taken cognizance of the offence. In other words, if the Magistrate doesn’t dismiss the case on the basis of the complaint and decides to further look into it, Section 202 could come into the picture.
Investigation
Under this section, the Magistrate has the power to investigate the specific matter of law kept for consideration under the complaint that they have received under Section 192 or Section 202. On the other hand, they can also instruct the police to carry out an investigation into the matter. The difference between the investigation by police under Sections 156(3) and 202 is that while in the former, the investigation has to be carried out from scratch regarding the entire matter, the scope of...
Postponement of issue
Under Section 202(1) of the Code of Criminal Procedure, 1973, the Magistrate upon receiving a complaint can certainly postpone the issue of the summon or the arrest warrant to the accused, and during this time period, they can either conduct the inquiry by themselves or direct the police to carry out the investigation. However, there are certain exceptions to it where they can’t order the investigation. In Section 202(1)(a), if the Magistrate is of the opinion that the case is exclusively tri...
While analyzing any criminal case, certain problems might arise. To be very sure while carrying out the investigation, this section could play a vital role. The basic objectives of this section are as follows: 1. The primary objective of this section is to provide the Magistrate with sufficient time to scrutinize and investigate the complaint filed...
Vadilal Panchal v. Dattaraya Dulaji Ghadigaonker and Anr
Thiscase was among the very first cases in which the Supreme Court of India discussed the scope of Section 202 of the Code of Criminal Procedure, 1973. In this case, the respondent Vadilal Panchal openly fired at a mob on the road when they were pelting stones at passing cars and shouting slogans. This caused serious injuries to the appellant and he was sent to the hospital. An inquiry was conducted by the police and they came to a conclusion that Vadilal was justified in his action as it was...
Chandra Deo Singh v. Prokash Chandra Bose
In this case, a First Information Report was filed by the plaintiff and others against the respondent, alleging that the respondent had committed a murder. However, the relative of the deceased filed a complaint before the court that the FIR was false and there were people other than the persons claimed in the FIR who committed the murder. He requested the Magistrate to investigate the complaint and carry out the inquiry. There were several issues in the process of investigation. The Supreme...
Mohabbat Ali v. State of Uttar Pradesh
In this case, the complainant filed a complaint against the accused for committing dacoity. A police investigation was carried out and the reports were also prepared and duly submitted. After obtaining these reports, the Magistrate issued summons to the accused to stand for their trial. Such offences were exclusively triable by the Court of Session. The Allahabad High Court, as a result, held in this case that since this case can be directly dealt with in the trial court, there was no power w...
While this section can have various benefits as seen above, it also has certain limitations which should be considered for improving the Criminal Procedure in India. Some of these issues are as follows:
Under Section 204 of this Code, the issue of the process can be carried out lawfully by the Magistrate. It is directly related to Section 202. If after carrying out the investigation under Section 202, the Magistrate is satisfied that there is sufficient ground for proceeding with the case, they can directly issue the process under Section 204 of t...
The criminal justice system in India is slowly becoming more and more outdated. This is both in terms of the fines as well as the entire procedure that is being followed. With an increasing number of criminal cases based on false evidence and complaints, there is a need to bring about certain changes in the current system. To ensure the same, the C...
What is the role of a witness under CrPC?
The main role of a witness under CrPC is to testify and tell what they exactly know about any given situation. Whatever the witness states in a court is said to be a testimony. Under Section 202 of CrPC, the issue of process can be postponed for investigating witnesses on oath.
When is the strength of evidence in supporting the conviction determined?
The strength of evidence towards supporting the conviction of an individual is to be determined at the trial stage and not at the stage of inquiry as provided under Section 202 of the Code of Criminal Procedure, 1973.
Which Section is very closely related to Section 202 of the Code of Criminal Procedure, 1973?
Both Section 202 and Section 200 work in tandem with each other. Section 200 consists of a stage, only after which Section 202 could come into force. Under Section 200, the Magistrate could take cognizance of the complaint and examine the witnesses. After taking the necessary cognizance, the Magistrate under Section 202 can postpone the issue process to critically analyze the complaint.
Learn about Section 202 CrPC, 1973, which allows a Magistrate to postpone the issue of process to the accused after taking cognizance of a complaint. Find out the features, objectives, relevant judgements, and lacunae of this section with examples and FAQs.
- Rachit Garg
Learn about the legal provision for postponing the issue of process against an accused in a criminal case. Find out the conditions, powers and procedures for inquiry and investigation under this section.
Section 202 (1) in The Code of Criminal Procedure, 1973. (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, [and shall, in a case where the accused is residing at a place beyond the area in which he exercises his ...
May 18, 2019 · The Supreme Court, in a judgment delivered recently, has succinctly explained the scope of enquiry under Section 202 of the Code of Criminal Procedure.
The duty of a Magistrate receiving a complaint is set out in Section 202 CrPC and there is an obligation on the Magistrate to find out if there is any matter which calls for investigation by a criminal court. The scope of enquiry under this section is restricted only to find out the truth or otherwise of the allegations made in the complaint in ...
4 SECTIONS 81. Procedure by Magistrate before whom such person arrested is brought. C.–Proclamation and attachment 82. Proclamation for person absconding. 83. Attachment of property of person a
