COMPLAINTS TO MAGISTRATE

Question 1

What is the general procedure a Magistrate must follow when taking cognizance of an offence on complaint?

Answer 1

The Magistrate must examine the complainant and any present witnesses under oath, reduce the substance of the examination to writing, and have it signed by the complainant, witnesses, and the Magistrate.

Question 2

Is there any requirement for the Magistrate to hear the accused before taking cognizance?

Answer 2

Yes, the Magistrate must give the accused an opportunity to be heard before taking cognizance of an offence under this section.

Question 3

Are there any exceptions to the requirement of examining the complainant and witnesses when the complaint is in writing?

Answer 3

Yes, there are two exceptions:

If the complaint is made by a public servant acting in official capacity or by a Court.
If the Magistrate transfers the case for inquiry or trial to another Magistrate under section 212.

Question 4

If a Magistrate transfers a case to another Magistrate after examining the complainant and witnesses, does the new Magistrate need to re-examine them?

Answer 4

No, the new Magistrate does not need to re-examine the complainant and witnesses in this case.

Question 5

What special procedure must be followed for complaints against public servants?

Answer 5

The Magistrate must comply with the procedure provided in section 217 for complaints against public servants.

Question 6

What should a Magistrate do if they receive a complaint but are not competent to take cognizance of the offence?

Answer 6

If the complaint is in writing, the Magistrate should return it with an endorsement directing it to the proper Court. If the complaint is not in writing, the Magistrate should direct the complainant to the proper Court.

Question 7

Can a Magistrate take cognizance of an offence without examining the complainant if the complaint is made in writing by a public servant?

Answer 7

Yes, if the complaint is made in writing by a public servant acting in their official capacity, the Magistrate need not examine the complainant.

Question 8

What happens if a Magistrate transfers a case under section 212 without examining the complainant and witnesses?

Answer 8

In this case, the Magistrate who receives the transferred case would need to examine the complainant and witnesses, as the original Magistrate did not do so.

Question 9

Is the signature of the Magistrate required on the written record of the examination?

Answer 9

Yes, the substance of the examination reduced to writing must be signed by the complainant, witnesses, and the Magistrate.

Question 10

What is the procedure for a Magistrate to take cognizance of an offense on a complaint according to Section 223?

Answer 10

The Magistrate must examine the complainant and any witnesses present under oath. The substance of their examination must be reduced to writing and signed by the complainant, witnesses, and the Magistrate. However, the Magistrate cannot take cognizance of the offense without giving the accused an opportunity to be heard. If the complaint is in writing, the Magistrate may not need to examine the complainant and witnesses if the complaint is made by a public servant or if the case is transferred to another Magistrate under section 212.

Question 11

Under what circumstances does the Magistrate not need to examine the complainant and witnesses according to Section 223?

Answer 11

The Magistrate does not need to examine the complainant and witnesses if:

The complaint is made by a public servant acting in their official capacity or by a Court.
The Magistrate transfers the case to another Magistrate for inquiry or trial under section 212.
The case is transferred after examination by the first Magistrate, the second Magistrate does not need to re-examine them.

Question 12

What special procedure must the Magistrate follow in cases where the complaint is against a public servant?

Answer 12

In cases where the complaint is against a public servant, the Magistrate must comply with the procedure provided in section 217.

Question 13

What must a Magistrate do if they decide to transfer a case to another Magistrate under section 212 after examining the complainant and witnesses?

Answer 13

The transferring Magistrate’s examination of the complainant and witnesses does not need to be repeated by the receiving Magistrate.

Question 14

What should a Magistrate do if a complaint is made to them but they are not competent to take cognizance of the offense?

Answer 14

If the complaint is in writing, the Magistrate should return it with an endorsement for presentation to the proper Court. If the complaint is not in writing, the Magistrate should direct the complainant to the proper Court.

Question 15

What is the process for handling a written complaint when the Magistrate is not competent to take cognizance of the offense?

Answer 15

The Magistrate must return the written complaint for presentation to the appropriate Court with an endorsement indicating that it should be presented to that Court.

Question 16

How should a Magistrate handle an oral complaint if they are not competent to take cognizance of the offense?

Answer 16

The Magistrate should direct the complainant to the proper Court if the complaint is not in writing.

Question 17

What options does a Magistrate have upon receipt of a complaint of an offense within their jurisdiction?

Answer 17

Upon receipt of a complaint, a Magistrate may either:

Postpone the issue of process against the accused if the accused resides outside the Magistrate’s jurisdiction.
Inquire into the case themselves or direct an investigation by a police officer or another person to determine whether there are sufficient grounds to proceed with the case.

Question 18

Under what circumstances is a Magistrate required to postpone issuing process against the accused?

Answer 18

A Magistrate is required to postpone issuing process against the accused if the accused resides beyond the area of the Magistrate’s jurisdiction.

Question 19

When can a Magistrate not direct an investigation according to the provided section?

Answer 19

A Magistrate cannot direct an investigation if:

The offense is triable exclusively by the Court of Session.
The complaint has not been made by a Court and the complainant and any witnesses have not been examined on oath as per section 223.

Question 20

What can a Magistrate do during an inquiry under subsection (1) of the provided section?

Answer 20

During an inquiry, the Magistrate may take evidence of witnesses on oath if they think it is appropriate.

Question 21

What must the Magistrate do if it appears that the offense is triable exclusively by the Court of Session during an inquiry?

Answer 21

: If the offense is triable exclusively by the Court of Session, the Magistrate must call upon the complainant to produce all their witnesses and examine them on oath.

Question 22

What powers does a person conducting an investigation, who is not a police officer, have?

Answer 22

A person conducting an investigation who is not a police officer has all the powers conferred by the Sanhita on an officer in charge of a police station, except the power to arrest without a warrant.

Question 23

Can a Magistrate direct an investigation if the complainant and witnesses have not been examined on oath?

Answer 23

No, the Magistrate cannot direct an investigation if the complaint has not been made by a Court and the complainant and any witnesses present have not been examined on oath as required under section 223.

Question 24

What are the limitations on the powers of a person conducting an investigation if they are not a police officer?

Answer 24

The person conducting the investigation has all the powers of a police officer in charge of a police station except the power to arrest without a warrant.

Question 25

What must a Magistrate do if, after considering the statements on oath of the complainant and witnesses, and the result of any inquiry or investigation under section 225, they determine there are no sufficient grounds for proceeding with the case?

Answer 25

If the Magistrate determines there are no sufficient grounds for proceeding with the case, they must dismiss the complaint. The Magistrate is required to briefly record the reasons for the dismissal.

Question 26

What should be recorded by the Magistrate when they dismiss a complaint under the given section?

Answer 26

The Magistrate must briefly record the reasons for dismissing the complaint.

Question 27

What factors must the Magistrate consider before deciding to dismiss a complaint according to the section?

Answer 27

The Magistrate must consider:

The statements on oath of the complainant and any witnesses.
The result of any inquiry or investigation conducted under section 225.

Question 28

How should the reasons for dismissal be documented by the Magistrate?

Answer 28

The reasons for dismissal should be briefly recorded by the Magistrate.

Question 29

What action does the Magistrate take if, after reviewing the inquiry or investigation, they find sufficient grounds to proceed?

Answer 29

If the Magistrate finds sufficient grounds to proceed, they would not dismiss the complaint. Instead, they would continue with the legal process as appropriate, which may involve issuing process against the accused or taking further action as required by law.

Question 30

If the complaint is dismissed, does the complainant have any recourse?

Answer 30

The complainant may have recourse through appeals or revisional proceedings, depending on the applicable legal provisions and the jurisdiction’s procedures. They can challenge the dismissal in higher courts if allowed by law.