1. Code Statement

Section 200 of the Code of Criminal Procedure (CrPC) deals with the examination of the complainant by a Magistrate during the initial stages of a criminal investigation.

2. Explanation

This section outlines the procedure for a Magistrate to examine the complainant who files a complaint alleging the commission of a cognizable offense. The Magistrate, after recording the first information report (FIR), must examine the complainant under oath to ascertain the truth of the allegations and determine if there is sufficient ground to proceed with an investigation.

The examination of the complainant aims to:

• Verify the facts presented in the FIR.
• Gather details about the alleged offense, including the identity of the accused, the date, time, and place of the offense, and the nature of the injuries or damage caused.
• Identify witnesses who may be able to provide further evidence.
• Determine whether the offense falls under the jurisdiction of the Magistrate.

3. Illustration

Imagine a scenario where a person files a complaint alleging theft. The Magistrate, after recording the FIR, would examine the complainant under oath. The Magistrate would ask questions like:

• What items were stolen?
• When and where did the theft occur?
• Who do you suspect committed the theft?
• Did you see the theft taking place?
• Are there any witnesses to the theft?

Based on the complainant’s answers and any other evidence presented, the Magistrate will decide whether to proceed with an investigation or dismiss the complaint.

4. Common Questions and Answers

Q: Is the complainant obligated to provide all details during the examination?

A:

While the complainant is expected to be truthful and provide relevant information, they are not compelled to disclose any information that could incriminate them or violate their legal rights.

Q: What happens if the complainant refuses to answer questions?

A:

The Magistrate can use their discretion. They may attempt to persuade the complainant to cooperate, or they may proceed based on the available information. However, the refusal to answer questions might be considered in the context of the overall case.

Q: Can the complainant be represented by a lawyer during the examination?

A:

Yes, the complainant has the right to be represented by a lawyer during the examination.