Section 202 of CrPC : Section 202: Postponement Of Issue Of Process

Explanation using Example

Imagine a situation where Mr. Arjun files a complaint with a local Magistrate in Delhi, alleging that Mr. Bikram, who resides in Mumbai, has defrauded him. The Magistrate, upon receiving this complaint, notes that Mr. Bikram lives outside his jurisdictional area. According to Section 202(1) of the Code of Criminal Procedure, 1973, the Magistrate decides to postpone issuing the summons to Mr. Bikram. Instead, he opts to conduct a preliminary inquiry to determine whether there is sufficient evidence to proceed with the case.

Following the provisions, the Magistrate decides not to order a police investigation because the alleged offence is not exclusively triable by a Court of Session. Also, before considering an investigation, he examines Mr. Arjun and the witnesses present under oath, as required by the proviso to Section 202(1)(b).

During this preliminary inquiry under Section 202(2), the Magistrate takes the testimonies of the witnesses on oath to establish the facts of the case. Since the offence is not exclusively triable by the Court of Session, he is not required to examine all witnesses at this stage.

After reviewing the evidence, the Magistrate might decide to direct a non-police officer to investigate further. According to Section 202(3), this appointed investigator would have the same powers as a police officer in charge of a police station, except for the authority to arrest without a warrant.

This example illustrates how Section 202 of the CrPC is applied when a Magistrate receives a complaint against a person residing outside his jurisdiction and needs to determine whether there is substantial ground to proceed with the case.