CrPC Section 238: Compliance with Section 207 – Code of Criminal Procedure
1. State the Code
Section 238 of the Code of Criminal Procedure (CrPC) deals with the compliance of Section 207, which pertains to the procedure to be followed by a Magistrate after taking cognizance of an offense.
2. Explanation
Section 238 mandates that if a Magistrate, after taking cognizance of an offense under Section 207, finds that:
- The case requires investigation by the police;
- There is a prima facie case against the accused;
- The accused is not in custody;
The Magistrate must, under Section 238, issue a summons to the accused to appear before the court on a specified date. The Magistrate must also send a copy of the summons to the police officer in charge of the police station concerned, directing them to investigate the case and submit a report to the court.
3. Illustration
Imagine a situation where a Magistrate takes cognizance of a theft case based on a complaint filed by the victim. The Magistrate, after examining the complaint, determines that there is a prima facie case and that the accused is not in custody. In this scenario, the Magistrate would issue a summons to the accused under Section 238, directing them to appear in court. Simultaneously, the Magistrate would also send a copy of the summons to the police station, instructing the police to investigate the case and submit a report.
4. Common Questions and Answers
Q: What happens if the accused fails to appear in court after being summoned under Section 238?
A: If the accused fails to appear in court without sufficient cause, the Magistrate can issue a warrant for their arrest under Section 239 of the CrPC.
Q: Can the Magistrate dispense with the investigation by the police under Section 238?
A: Yes, in certain cases, the Magistrate may dispense with the investigation by the police, especially if the case is simple and the evidence is readily available. However, this is rare and usually, an investigation by the police is mandatory.
