CrPC Section 202
Section 202 of the Criminal Procedure Code (CrPC), 1973 – Postponement of Issue of Process by Magistrate
Overview:
Section 202 of the CrPC empowers a Magistrate to postpone the issuance of process (summons or warrant) against the accused and conduct an inquiry or investigation before deciding whether to proceed with the case. This provision is designed to ensure that frivolous or unfounded cases do not proceed without preliminary scrutiny.
Text of Section 202 (Simplified):
When a Magistrate receives a complaint and considers that an investigation or inquiry is necessary,
He may postpone the issue of process against the accused,
And either himself conduct an inquiry or direct the police to investigate the matter,
Before deciding whether the case should continue.
Detailed Explanation:
Purpose of Section 202:
To prevent harassment of individuals through baseless complaints.
To allow Magistrates to examine the merit of the case before formally proceeding.
To ensure that only cases with sufficient grounds go forward.
When Is It Applicable?
Primarily used when a private complaint is filed,
And the Magistrate feels the need to verify facts before issuing summons or warrants.
Procedure:
Magistrate may:
Postpone issuing summons or warrant, and
Conduct an inquiry himself (if empowered),
Or order a police investigation into the complaint.
Based on the inquiry or investigation report, the Magistrate decides whether to proceed.
Effect on the Accused:
Provides temporary relief to the accused by delaying legal proceedings.
Prevents unnecessary legal burden until a prima facie case is established.
Judicial Discretion:
The power under Section 202 is discretionary.
Magistrates assess the credibility and substance of the complaint.
Practical Implications:
When a complaint alleges minor or doubtful offences, Magistrate may use Section 202 to verify facts first.
Avoids waste of judicial time and resources on frivolous complaints.
Protects individuals from being dragged into court unnecessarily.
Summary:
Section 202 of the CrPC allows a Magistrate to postpone issuing summons or warrants and conduct inquiry or direct investigation before deciding to proceed with a criminal case. This section safeguards against misuse of the legal process by ensuring only well-founded cases move forward.
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