Commencement of Proceedings before Magistrate | Criminal Law - CLAT PG PDF Download

Cognizance on Complainant and Issues of Process 

 Meaning of Cognizance 

• The word  'Cognizance'  has not been specifically defined in procedural law.
• It generally means  taking note of  or  gaining knowledge about  something.
• In a legal context, cognizance refers to the authority of a court to recognize and act upon a matter.

 Conditions for Taking Cognizance (Section 190) 

•  Police Complaint:  When a Magistrate receives a police complaint.
•  Complaints of Facts:  Upon receiving complaints detailing facts that constitute an offence.
•  Information from Individuals:  When information about an offence is received from someone other than a police officer or based on the Magistrate's own knowledge.
•  Delegation of Power:  The Chief Judicial Magistrate can authorize any second-class Magistrate to take cognizance of certain offences.

 Scrutiny of Complaint 

• Before Issuing Process:  The Magistrate has the right to review and examine the complaint thoroughly.
• Examination of Complainant:  As per Section 200, the Magistrate is required to examine the complainant and witnesses under oath after taking cognizance of an offence.
• Documentation:  The relevant information from this examination must be documented in writing and signed by the complainant and witnesses.
• Exceptions:  The examination is not necessary if the complaint is made by a public servant in the course of official duties or if the case is transferred to another Magistrate for inquiry or trial.

Inquiry or Investigation for further scrutiny of the complainant 

• Postponement of Process:  The issuance of process can be delayed if the Magistrate believes further investigation is necessary.
• Determining Grounds:  The Magistrate will assess whether there are proper grounds for proceeding with the case.
• Scope of Inquiry:  The inquiry is limited to verifying the truth or falsehood of the allegations made in the complaint.

 Dismissal of Complaint 

•  Power of the Magistrate:  The Magistrate has the authority to dismiss a complaint if there are insufficient grounds for proceeding with the case.
•  Inquiry or Investigation:  The Magistrate arrives at this conclusion after conducting an appropriate inquiry or investigation as per Section 202.
•  Processing Fee:  The complaint can also be dismissed if the processing fee is not paid correctly, as mentioned in Section 204.
•  Chimanlal v Datar Singh Case:  It was stated that dismissing a complaint is improper if the Magistrate fails to examine material witnesses under Section 202.
•  Reasons for Dismissal: The Magistrate can dismiss the complaint or refuse to issue process if:
  • No offence is found to have been committed after the complaint is written as per Section 200;
  • The Magistrate doubts the complainant's statements;
  • Further investigation is deemed necessary, delaying the process issuance.

 Issuing a summons or warrant 

•  Power of the Magistrate:  Section 204 empowers the Magistrate to issue a process if there are adequate grounds for proceeding with the case.
•  Summons and Warrant:  The Magistrate can issue a summons in a summons case or a warrant in a warrant case.
•  Issuing Summons:  The Magistrate can also issue summons to the accused, requiring their appearance before the concerned Magistrate by a specified date.
•  Prosecution Witness List:  No summons or warrants can be issued against the accused until a list of prosecution witnesses is provided.
•  Section 87 Provisions:  This section does not affect the provisions of Section 87, which allows the Magistrate to issue a warrant of arrest when necessary.

 Power to Dispense With the Personal Attendance Of The Accused 

•  Dispensing Personal Attendance:  Section 205 gives the Magistrate the authority to waive the personal attendance of the accused under certain circumstances.
•  Permitting Pleader Appearance:  The Magistrate can allow the accused to appear through their pleader if there are valid reasons.
•  Personal Attendance Requirement:  The Magistrate can also require the personal attendance of the accused at any stage of the investigation if deemed necessary.
•  Discretion of the Court:  Exemption from personal appearance is not an automatic right but is at the court's discretion based on relevant judicial principles.
•  Factors Considered:  The Magistrate considers various factors such as social status, customs, distance of residence, and necessity of personal attendance concerning the offence and trial stages.

 Special Summons in Cases of Petty Offences 

•  Definition of Petty Offence:  A petty offence is defined as any offence punishable solely with a fine not exceeding one thousand rupees.
•  Exclusions from Petty Offence:  Offences punishable under the Motor Vehicles Act, 1939, or any law allowing for convicting the accused in their absence on a plea of guilty are not considered petty offences.
•  Magistrate's Authority:  When a Magistrate takes cognizance of petty offences, the case can be dismissed summarily as per Section 260.
•  Requirement for Personal Appearance:  In some instances, the Magistrate may require the accused to appear in person or through a pleader, and this decision must be recorded with reasons.

 Supply to the accused of copies of statements and other documents 

•  Importance of Supplying Documents:  It is crucial to provide relevant documents to the accused to ensure they understand the procedure and the status of the case.
•  Future Reference:  The supplied documents may also be used for future reference when necessary.
•  Avoiding Prejudice:  The primary purpose of providing these documents is to prevent prejudice during the trial.
•  Impact of Non-Supply:  The failure of the Magistrate to supply materials as outlined in Section 207 can be a valid ground for setting aside a conviction.

 Where the proceeding is instituted on a police report 

• Provision of Documents:  Section 207 mandates the Magistrate to provide certain copies of documents to the accused when the proceedings are based on a police report.
• Free of Cost:  The documents must be provided to the accused free of charge.
• Documents to be Provided: The necessary documents include:
  • The police report;
  • The First Information Report (FIR) recorded under Section 154;
  • The statements of all persons proposed as witnesses by the prosecution, recorded under Sub-section (3) of Section 161;
  • The confessions and statements recorded under Section 164, if available;
  • Any other relevant document forwarded to the Magistrate with the police report.

Where the proceeding is in respect of an offence exclusively triable by the Court of Session  

• Provision of Documents:  When the offence is exclusively triable by the Court of Session, the court is required to provide certain documents to the accused as per Section 208.
• Documents to be Provided: The documents that must be provided include:
  • The statements recorded under Section 200 or Section 202 during the investigation by Magistrates;
  • Any documents presented before the Magistrate that the prosecution intends to rely on;
  • The statements and confessions recorded under Section 161 or Section 164, if available.

 Commitment of the Case to Court of Session 

• Section 209 Overview:  This section addresses the commitment of a case to the Court of Session by a Magistrate.
• Exclusive Jurisdiction: If a Magistrate determines that an offence is exclusively triable by the Court of Session after initiating a case, the following actions can be taken: 
  • The Magistrate may commit the case to the Court of Session.
  • The accused may be remanded in custody until the proceedings are subject to other bail provisions.
  • The Magistrate can send evidence and relevant materials to the concerned court for further proceedings.
  • The Magistrate is also responsible for notifying the Public Prosecutor about the commitment of the case to the Court of Session.

 Consolidation of Cases 

• Definition:  Section 210 outlines the procedures for consolidating cases based on a police report and a complaint.
• Staying Proceedings:  The Magistrate can stay the proceedings of any inquiry or trial and request a report from the police officer conducting the investigation if the cases are related to the same subject of inquiry.
• Proceeding with Inquiry or Trial:  If the police report does not pertain to any accused in the case, or if the Magistrate does not take cognizance of any offence based on the police report, the Magistrate shall continue with the stayed inquiry or trial according to other code provisions.
• Cognizance and Inquiry:  If the Magistrate takes cognizance of any offence against any accused based on the police report, the Magistrate shall inquire into or try both the complaint case and the case arising from the police report together, as if both cases were initiated based on a police report.