CrPC Section 204
Detailed Explanation of CrPC Section 204
Section 204 of the Code of Criminal Procedure (CrPC), 1973 deals with the summons or warrant to person accused of an offense by a Magistrate. It describes the procedure for issuing summons or warrants to ensure the accused appears before the court.
Text of Section 204 (Simplified Summary):
"When a Magistrate taking cognizance of an offense directs that the accused be summoned or arrested, he shall issue a summons or warrant for the person accused of the offense, either in the form prescribed by law or as near to it as possible."
Explanation:
When Does Section 204 Apply?
This section applies when a Magistrate takes cognizance of an offense either on a police report, complaint, or otherwise.
The Magistrate decides to summon or arrest the accused to face trial.
Purpose of Section 204:
To formally notify the accused of the charges and require their appearance before the Magistrate’s court.
To ensure the accused is aware of legal proceedings and can defend themselves.
Types of Process Issued:
Summons: A notice directing the accused to appear in court on a specified date.
Warrant: An order for the arrest of the accused, used when the Magistrate believes the accused might not appear voluntarily.
Procedure for Issuing Summons/Warrant:
The summons or warrant must be in the prescribed form (as per the law) or as close to the prescribed form as possible.
The document should clearly state the name of the accused, the offense, and the court details.
The summons/warrant is then served on the accused or executed by the police.
Legal Importance:
Issuance of summons/warrant under this section marks the beginning of the trial process.
It protects the rights of the accused by ensuring they are informed.
Failure to comply with summons can lead to the issuance of a warrant.
Difference Between Summons and Warrant:
A summons is generally issued when the accused is likely to appear voluntarily.
A warrant is issued when the accused is unlikely to appear or has absconded.
Practical Example:
A Magistrate receives a complaint about theft.
The Magistrate takes cognizance and issues a summons to the accused to appear in court.
If the accused does not appear, the Magistrate may issue a warrant for arrest.
Summary:
Section 204 CrPC empowers the Magistrate to issue summons or warrants after taking cognizance of an offense.
It ensures the accused is officially notified to appear before the court.
It is a crucial step in initiating the criminal trial process.
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