Examination of complainant by Magistrate

 

The Code of Criminal Procedure, 1898

(ACT NO. V OF 1898)

PART VI

PROCEEDINGS IN PROSECUTIONS

CHAPTER XVI

OF COMPLAINTS TO MAGISTRATES

Examination of complainant

200. A Magistrate taking cognizance of an offence on complaint shall at once examine upon oath the complainant and such of the witnesses present, if any, as he may consider necessary, and the substance of the examination shall be reduced to writing and shall be signed by the complainant or witness so examined, and also by the Magistrate:

Provided as follows:-

(a) when the complaint is made in writing, nothing herein contained shall be deemed to require such examination before transferring the case under section 192;

(aa) when the complaint is made in writing nothing herein contained shall be deemed to require such examination in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in the discharge of his official duties; 

(c) when the case has been transferred under section 192 and the Magistrate so transferring it has already examined the complainant and witness if any, the Magistrate to whom it is so transferred shall not be bound to re-examine them.

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