CODE OF CRIMINAL

PROCEDURE

TOPIC
COMMENCEMENT OF
PROCEEDINGS BEFORE
MAGISTRATE
SUBMITTED BY: SUBMITTED TO:
PRIYA SIROHI MS. NAMITA SINHA
B.A.LLB 3RD YEAR (A) (ASSISTANT PROFESSOR)
02113403819
INTRODUCTION

 Sections 204-210, chapter XVI, talk about how a proceeding can be commenced
before a magistrate. Under section 204 a magistrate can issue summon or warrant
for the attendance of the accused after the witnesses of the prosecution have been
filed.
 The Magistrate in India has a lot of power to conduct criminal proceedings. The
cases in the criminal procedure code are divided into two types namely: summary
case and warrants case. The main difference between both of them is the
punishment awarded.
 The offences in warrants case are usually awarded punishments like death, life
imprisonment or imprisonment for up to two years.
 The offences which cannot be awarded punishments like the death penalty and
life imprisonment can be tried under summary trials.
SECTION 204:- ISSUE OF PROCESS.
 Generally accused is produced with the charged sheet but when accused does not come
exceptionally when the process is issued. In complaint process is issued compulsorily.
 If Magistrate taking cognizance thinks that there is sufficient ground for proceeding.
 The magistrate in cases can issue process against accused as follows:-
• In summoning case:- shall issue summon.
• In warrant case:- shall issue the warrant.
 Summon shall be an issue against accused after the filing of witness list of the
prosecution.
 Where proceeding instituted upon a complaint made in writing, summon or warrant
shall be accompanied with a copy of the complaint.
 When any process or other fee is payable under law then no process shall be issued
until fees is paid and if not paid, Magistrate may dismiss the complaint.
 The magistrate can issue a warrant in lieu of summoning or additional arrest warrant
according to S.87. (Will apply in both charge sheet and complaint).
SECTION 205:- MAGISTRATE MAY DISPENSE
WITH PERSONAL ATTENDANCE OF ACCUSED.
 At the time of issue of summoning: Magistrate has the power to dispense personal
attendance of accused and permit him to appear by his pleader.
 But during the inquiry, at any stage of the proceeding is Magistrate considers
necessary then may direct the personal attendance of the accused.
 317:- Dispense personal appearance for a particular hearing.
 205:- Personal appearance is dispensed at the time of issuing of summoning.
SECTION 206:- SPECIAL SUMMONS
IN CASE OF PETTY OFFENCE.
 Cases of petty offences can be disposed of summarily U/S. 260 or 261.
 The court may specify while issuing special summon to appear in person or by
pleader on the specified date or if desires to plead guilty without appearing in
person, he can transmit before the specified date, said plea in writing and amount
of fine specified in summoning by post or messenger to the Magistrate and if he
desires to appear and plead guilty to charge through such pleader then authorize
pleader in writing for the same.
 Petty offence:
 Offence that can be disposed of summarily U/S. 260 and 261.
 Offense punishable only with fine not exceeding ₨.1000.
 Does not include offence so punishable under Motor Vehicles 1939 or i.e., less than Rs.
1000 under Motor Vehicle Act are not a petty offence.
 State govt. by issuing notification U/S. 206 may empower Magistrate in following
matters to issue special summon.
 Offence compoundable U/S. 320.
 An offence was punishable with imprisonment for a term not exceeding 3 years.
SECTION 207: SUPPLY TO THE ACCUSED OF
COPY OF POLICE REPORT AND OTHER
DOCUMENTS.(r.w. S.238)
 Where proceedings instituted on a police report, Magistrate shall furnish a copy of
the following, to accused free of cost:
 Police report.
 FIR.
 Statement recorded U/S. 161 excluding therefrom for which request of exclusion has
been made U/S. 1734.
 Statement recorded U/S. 164.
 Other relevant extracts and documents forwarded to Magistrate with police report U/S.
173 (5).
 But in pt. (iii) secret provision can also be made available by Court by applying
judicial mind if the court considers necessary to be given to the accused.
 Where document referred above in point (v) is voluminous then instead of
furnishing a copy to accused, Magistrate will allow inspecting such document
either personally or through pleader in Court.
SECTION 208:- SUPPLY OF COPIES OF STATEMENTS
AND DOCUMENTS TO ACCUSED IN OTHER CASES
TRIABLE BY SESSION COURT. (IN COMPLAINT
CASES)
 Where case instituted otherwise than on police report and if the offence is triable
by exclusively by Session court then Magistrate shall without delay furnishes free
of cost to accused, copy of each of the following:
• Statements recorded U/S. 200 or 202.
• Statements recorded U/S. 161 OR 164.
• Any other documents on which prosecution relies.
 When any of such document is voluminous then he shall instead of furnishing
copy of accused, direct that he will only be allowed to inspect either personally or
through pleader in Court.
SECTION 209:- COMMITMENT OF CASE TO
COURT OF SESSION WHEN OFFENCE IS
TRIABLE EXCLUSIVELY BY IT.
 When case instituted on the police report and accused appears or is brought before
Magistrate and after taking cognizance, it appears to Magistrate that offence is
exclusively session triable he shall:
 Commit, after complying provisions of S.207 or 200, case to Session court and
remand the accused to custody until such commitment has been made. Here the
process of committal is at the first stage i.e., immediately after taking cognizance.
But in S. 323, while during inquiry if Magistrate comes to know that such matter
should be triable by Session court then before giving judgment Magistrate can
commit such matter to Session court.
 Example: Cross case -> Hearing of cross-case must be on the same day and
jointly triable.: Nathi V. State of UP 1990 S.C. T. Sdva Kumar V. State of Andhra
2013 (Mad).
 Subject to the provision of CRPC relating to bail, remand the accused to custody
during and until the conclusion of the trial.
 Records, documents & articles of the case to that court.
 Notify to PP regarding committal.
SECTION 210:- PROCEDURE TO BE FOLLOWED
WHEN THERE IS COMPLAINT CASE AND POLICE
INVESTIGATION IN RESPECT OF THE SAME
OFFENCE.
 When in ease instituted otherwise than on police report i.e., complaint case, if it is
made to appear to Magistrate during inquiry or trial that an investigation by the
police is in progress in relation to the offence, Magistrate shall stay proceedings of
inquiry or trial.
 In request of an investigation by a police report is positive when Magistrate shall
inquire or try together both the case i.e. complaint case and case arising out of
police report as if both the cases were instituted on a police report. (I.e. offence is
committed).
 If the result of an investigation by a police report is negative i.e. FIR is submitted,
then Magistrate shall proceed with the proceeding which was stayed. (I.e. offence
is not committed).
Conclusion

 This chapter is very essential as it deals with the commencement of proceedings.

The provisions in this chapter have to be followed properly so that it regulates the
other stages of the proceedings. The issue of proceedings is one of the important
procedures in conducting a criminal investigation.
 The supply of copies of documents to the accused relating to the proceedings is
also necessary. Thus, the provisions of this chapter have to be followed carefully
so that it will not affect the other parts of the proceedings.
THANK YOU