CrPC Section 251
Section 251 CrPC: Power of Magistrate to Make Further Inquiry or Order Investigation
What does Section 251 say?
This section deals with the situation after a Magistrate has taken cognizance of an offense and issued process against the accused, but before the trial starts, if the Magistrate feels that the evidence submitted with the complaint or the prosecution’s papers is insufficient to justify the trial, then the Magistrate can:
Either make further inquiry into the case, or
Order an investigation to be conducted to collect more evidence.
Exact Text (Paraphrased):
When a Magistrate takes cognizance of an offense upon a complaint or police report and issues process against the accused, the Magistrate can still examine the complainant or witnesses.
If after such examination, the Magistrate believes the evidence is insufficient to justify proceeding with the trial, the Magistrate may:
Make further inquiry into the case to find out more facts, or
Order a police investigation to be conducted.
Based on the additional inquiry or investigation, the Magistrate can decide whether to proceed with the trial or dismiss the complaint.
Purpose:
To ensure that the trial does not proceed without sufficient evidence.
To provide a chance to verify or strengthen the prosecution's case before trial begins.
To prevent harassment of accused by initiating trials on weak or unsupported complaints.
Key Points:
When does Section 251 apply?
After the Magistrate has taken cognizance and issued summons or warrants to the accused.
Before the trial formally begins.
What can the Magistrate do?
Examine the complainant and witnesses.
Make further inquiry into facts and circumstances.
Order police to investigate further.
Purpose of inquiry or investigation:
To gather more evidence or clarify doubts about the case.
To ensure a fair and just trial process.
Effect:
The Magistrate may dismiss the complaint if evidence remains insufficient after inquiry.
Or proceed with the trial if further evidence supports the charges.
Practical Scenario:
A complaint is filed for theft.
Magistrate issues summons to the accused.
Before trial, the Magistrate examines the complainant and witnesses and feels the evidence is weak.
Magistrate orders police investigation to verify facts.
If the investigation uncovers more evidence, trial proceeds; if not, case may be dismissed.
Relation to other sections:
Section 190 CrPC: Cognizance of offense by Magistrate.
Section 204 CrPC: Summons to accused on complaint.
Section 251 CrPC: Further inquiry before trial after process issued.
Section 260 CrPC: Power to require attendance of witness.
Summary Table:
| Feature | Explanation |
|---|---|
| Stage of application | After cognizance and issuance of process, before trial begins |
| Who decides? | Magistrate conducting the trial |
| Purpose | To check sufficiency of evidence; to order further inquiry/investigation |
| Options available | Further inquiry or police investigation |
| Outcome | Proceed with trial or dismiss complaint |
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