Sec.

1] THE GAZETTE OF INDIA

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CHAPTER XVI
COMPLAINTS TO MAGISTRATES
223. (1) A Magistrate having jurisdiction while taking cognizance of an offence on Examination
complaint shall examine upon oath the complainant and the witnesses present, if any, and of complainant.
the substance of such examination shall be reduced to writing and shall be signed by the
complainant and the witnesses, and also by the Magistrate:
Provided that no cognizance of an offence shall be taken by the Magistrate without
giving the accused an opportunity of being heard:
Provided further that when the complaint is made in writing, the Magistrate need not
examine the complainant and the witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official
duties or a Court has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate
under section 212:
Provided also that if the Magistrate makes over the case to another Magistrate under
section 212 after examining the complainant and the witnesses, the latter Magistrate need
not re-examine them.
(2) A Magistrate shall not take cognizance on a complaint against a public servant for
any offence alleged to have been committed in course of the discharge of his official
functions or duties unless—
(a) such public servant is given an opportunity to make assertions as to the
situation that led to the incident so alleged; and
(b) a report containing facts and circumstances of the incident from the officer
superior to such public servant is received.
224. If the complaint is made to a Magistrate who is not competent to take cognizance Procedure by
of the offence, he shall,— Magistrate not
competent to
(a) if the complaint is in writing, return it for presentation to the proper Court take
with an endorsement to that effect; cognizance of
case.
(b) if the complaint is not in writing, direct the complainant to the proper Court.
225. (1) Any Magistrate, on receipt of a complaint of an offence of which he is Postponement
authorised to take cognizance or which has been made over to him under section 212, may, of issue of
process.
if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area
in which he exercises his jurisdiction, postpone the issue of process against the accused,
and either inquire into the case himself or direct an investigation to be made by a police
officer or by such other person as he thinks fit, for the purpose of deciding whether or not
there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made,—
(a) where it appears to the Magistrate that the offence complained of is triable
exclusively by the Court of Session; or
(b) where the complaint has not been made by a Court, unless the complainant
and the witnesses present (if any) have been examined on oath under section 223.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take
evidence of witnesses on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable
exclusively by the Court of Session, he shall call upon the complainant to produce all his
witnesses and examine them on oath.
(3) If an investigation under sub-section (1) is made by a person not being a police
officer, he shall have for that investigation all the powers conferred by this Sanhita on an
officer in charge of a police station except the power to arrest without warrant.
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Dismissal of 226. If, after considering the statements on oath (if any) of the complainant and of the
complaint. witnesses and the result of the inquiry or investigation (if any) under section 225, the
Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss
the complaint, and in every such case he shall briefly record his reasons for so doing.
CHAPTER XVII
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
Issue of 227. (1) If in the opinion of a Magistrate taking cognizance of an offence there is
process. sufficient ground for proceeding, and the case appears to be—
(a) a summons-case, he shall issue summons to the accused for his
attendance; or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for
causing the accused to be brought or to appear at a certain time before such Magistrate
or (if he has no jurisdiction himself) some other Magistrate having jurisdiction:
Provided that summons or warrants may also be issued through electronic means.
(2) No summons or warrant shall be issued against the accused under sub-section (1)
until a list of the prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every summons or
warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or other fees are
payable, no process shall be issued until the fees are paid and, if such fees are not paid
within a reasonable time, the Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions of section 90.
Magistrate 228. (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do,
may dispense dispense with the personal attendance of the accused and permit him to appear by his
with personal
advocate.
attendance of
accused. (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any
stage of the proceedings, direct the personal attendance of the accused, and, if necessary,
enforce such attendance in the manner hereinbefore provided.
Special 229. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the
summons in case may be summarily disposed of under section 283 or section 284, the Magistrate shall,
cases of petty
offence. except where he is, for reasons to be recorded in writing of a contrary opinion, issue
summons to the accused requiring him either to appear in person or by an advocate before
the Magistrate on a specified date, or if he desires to plead guilty to the charge without
appearing before the Magistrate, to transmit before the specified date, by post or by
messenger to the Magistrate, the said plea in writing and the amount of fine specified in the
summons or if he desires to appear by an advocate and to plead guilty to the charge
through such advocate, to authorise, in writing, the advocate to plead guilty to the charge
on his behalf and to pay the fine through such advocate:
Provided that the amount of the fine specified in such summons shall not exceed five
thousand rupees.
(2) For the purposes of this section, "petty offence" means any offence punishable
only with fine not exceeding five thousand rupees, but does not include any offence so
punishable under the Motor Vehicles Act, 1988, or under any other law which provides for 59 of 1988.
convicting the accused person in his absence on a plea of guilty.
(3) The State Government may, by notification, specially empower any Magistrate to
exercise the powers conferred by sub-section (1) in relation to any offence which is
compoundable under section 359 or any offence punishable with imprisonment for a term
not exceeding three months, or with fine, or with both where the Magistrate is of opinion
that, having regard to the facts and circumstances of the case, the imposition of fine only
would meet the ends of justice.