Code
(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.
Explain it
This section outlines the process where a private individual can initiate a criminal investigation. It allows a Magistrate to direct the police to investigate a case based on a complaint filed by a person who alleges that a cognizable offense has been committed. This is distinct from a First Information Report (FIR), which is filed directly with the police.
Here’s a breakdown of the process:
- Complaint Filing: A person can file a written complaint with the Magistrate alleging a cognizable offense. The complaint must contain essential details like the alleged crime, the accused person, and the evidence available.
- Magistrate’s Examination: The Magistrate examines the complaint to determine if it discloses a cognizable offense. If satisfied, the Magistrate will issue an order directing the police to investigate the matter.
- Police Investigation: The police then proceed with the investigation as per the Magistrate’s order. They will collect evidence, record statements, and take necessary action based on their findings.
Illustrate it
Imagine someone accuses their neighbor of stealing their valuable antique watch. The neighbor denies the allegation, and the accuser files a complaint with the Magistrate, alleging theft (a cognizable offense). The Magistrate, after examining the complaint, directs the police to investigate the matter. The police will then interview both parties, gather evidence from the scene, and ultimately decide whether to arrest the accused or not.
Common Questions and Answers:
Q: What is a cognizable offense?
A: A cognizable offense is a crime where the police have the authority to arrest a suspect without a warrant. Examples include theft, murder, and assault.
Q: What if the Magistrate dismisses the complaint?
A: If the Magistrate finds the complaint insufficient or doesn’t disclose a cognizable offense, they can dismiss it. The complainant can then approach a higher court for redress.
Q: What is the difference between a complaint and an FIR?
A: An FIR is directly filed with the police, whereas a complaint is filed with the Magistrate, who then directs the police to investigate.
