Private Complaint

200. Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall at
once examine the complainant upon oath, and the substance of the examination shall be reduced to writing
and shall be signed by the complainant, and also by the Magistrate:
Provided as follows:
(a) when the complaint is made in writing nothing herein contained shall be deemed to require a Magistrate
to examine the complaint before transferring the case under section 192 [or sending it to the Court of
Sessions].
(aa) when the complaint is made in writing nothing herein contained shall be deemed to require the
examination of a complainant in any case in which the complainant has been made by a Court or by a
public servant acting or purporting to act in the discharge of his official duties:
(b) * * * * *
(c) when the case has been transferred under section 192 and the Magistrate so transferring it has already
examined the complainant, Magistrate to whom it is so transferred shall not be bound to re-examine the
complainant.

201. Procedure by Magistrate not competent to take cognizance of the case. (1) If the complaint has
been made in writing to a Magistrate who is not competent to take cognizance of the case, he shall return
the complaint for presentation to the proper Court with an endorsement to that effect.
(2) If the complaint has not beep made in writing such Magistrate shall direct the complainant to the proper
Court.
[202. Postponement of issue of process. (1) Any Court, on receipt of a complaint of an offence of which
it is authorized to take cognizance, or which has been sent to it under Section 190, sub-section (3), or
transferred to it under Section 191 or Section 192, may, if it thinks fit, for reasons to be recorded postpone
the issue of process for compelling the attendance of the person complained against, and either inquire into

the case itself or direct an inquiry or investigation to be made by [any Justice of the Peace or by] a police-
officer or by such other person as it thinks fit, for the purpose of ascertaining the truth or falsehood of the

complaint.
Provided that, save where the complaint has been made by a Court, no such direction shall be made unless
the complainant has been examined on oath under the provisions of Section 200.
(2) A Court of Session may, instead of directing an investigation under the provisions of sub-section (1),
direct the investigation to be made by any Magistrate subordinate to it for the purpose of ascertaining the
truth or falsehood of the complaint.
(3) If any inquiry or investigation under this section is made by a person not being a Magistrate [or Justice
of the Peace] or a police-officer, such person shall exercise all the powers conferred by this Code on an
officer-in-charge of a police-station, except that he shall not have power to arrest without warrant.
(4) Any Court inquiring into a case under this section may, if it thinks fit, take evidence of witnesses on
oath.]
203. Dismissal of complaint. [The Court] before whom a complaint is made or to whom it has been
transferred or [sent] may dismiss the complaint, if, after considering the statement on oath (if any) of the
complainant and the result of the investigation or inquiry if any under section 202 there is in his judgment
no sufficient ground for proceeding. In such case he shall briefly record his reasons for so doing.

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