Part 8 - Initiation of Criminal Proceedings and Complaint to Magistrate

Question 1

Section 150

Answer 1

Initiation of criminal proceedings

Criminal proceedings against any person may be initiated pursuant to an arrest, a summons, an arrest warrant, a notice to attend court or any other mode for compelling the attendance of a person in court which is provided for under this Code or any other written law, as the case may be

Question 2

Section 151

Answer 2

Examination of complaint

Complaint by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body

Magistrate examines the complainant

Question 3

Section 152

Answer 3

Dismissal of complaint

Complaint by a person who is not a police officer nor an officer from a law enforcement agency nor a person acting with the authority of a public body

Magistrate may dismiss the complaint if he decides that there is insufficient reason to proceed

Question 4

Section 153

Answer 4

Issue of summons or warrant

Issue a summons to compel the attendance before him

Question 5

Section 154

Answer 5

Personal attendance of accused may be dispensed with

Where in any case relating to an offence punishable by fine only or by imprisonment for 12 months or less, or both, personal attendance of accused may be dispensed with the accused pleading guilty through a lawyer or a letter

Question 6

Section 155

Answer 6

Absence of complainant in proceedings instituted on complaint

Discharge the accused if the complainant is absent

Question 7

Section 156

Answer 7

Absence of accused

The court may either proceed ex parte to hear and determine the complaint or may postpone the hearing to a future day

Ex parte: with respect to or in the interests of one side only or of an interested outside party