CrPC Section 200
Section 200 CrPC: Examination of Complainant and Investigation of Complaint
What does Section 200 say?
This section provides the procedure that the Magistrate must follow upon receiving a complaint about a criminal offense.
It empowers the Magistrate to:
Examine the complainant on oath or affirmation regarding the facts of the complaint,
Order an investigation if necessary,
Decide whether there is sufficient ground to proceed with the complaint and issue process (summons or warrant) against the accused.
Exact Meaning (Paraphrased):
When a Magistrate receives a complaint about a crime,
The Magistrate shall first examine the complainant and witnesses on oath or affirmation,
If the complaint is not in writing, the Magistrate may record the statements.
After this examination, if the Magistrate thinks there is a prima facie case, they can order a police investigation or proceed to issue process against the accused.
If the Magistrate finds no sufficient ground, they may dismiss the complaint.
Purpose:
To filter out frivolous or baseless complaints early in the process,
To ensure that only genuine cases proceed to trial,
To give the complainant an opportunity to explain the case before formal proceedings begin.
Key Points:
When is Section 200 invoked?
When a complaint is filed before a Magistrate (usually in writing, but can also be oral).
What does the Magistrate do?
Examines the complainant and witnesses under oath,
May record their statements in writing,
May order police investigation if required.
Purpose of examination:
To determine if there is a prima facie case (sufficient evidence to move forward).
Magistrate’s options after examination:
If sufficient ground: Issue summons or warrant to accused (process).
If insufficient ground: Dismiss the complaint.
Practical Example:
A person files a complaint alleging assault.
The Magistrate examines the complainant and witnesses under oath.
The Magistrate finds enough initial evidence to believe an offense might have been committed.
The Magistrate orders police investigation or issues summons to accused.
If evidence is lacking, the complaint may be dismissed at this stage.
Relation to other sections:
Section 195 CrPC: Certain offenses require prior complaint before court.
Section 199 CrPC: Complaint before Magistrate.
Section 204 CrPC: Issuance of summons or warrant after complaint.
Section 202 CrPC: Postponement of issue of process for further inquiry or investigation.
Summary Table:
| Feature | Explanation |
|---|---|
| Stage of application | When complaint is made before Magistrate |
| Who acts? | Magistrate receiving the complaint |
| Actions by Magistrate | Examine complainant & witnesses on oath; order investigation |
| Purpose | To decide if there is sufficient ground to proceed |
| Outcome | Issue summons/warrant or dismiss complaint |
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