Complaints To Magistrates MCQ Quiz - Objective Question with Answer for Complaints To Magistrates - Download Free PDF

The correct answer is Option 3.

Key PointsSection 201 of Code of Criminal Procedure, 1973: 
Procedure by Magistrate not competent to take cognizance of the case.—
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,—
(a) if the complaint is in writing, return it for presentation to the proper Court with an
endorsement to that effect;
(b) if the complaint is not in writing, direct the complainant to the proper Court.

The correct answer is Magistrate Himself

Key PointsSection 200 of the Code of Criminal Procedure, 1973 relates Examination of a complainant.

It states that : A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate;

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses,

• if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
• if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192;

The correct answer is option 2.Key Points

•  Section 202 of Criminal Procedure code 1973 deals with postponement of issue of process.
• It says any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
  • Provided that no such direction for investigation shall be made,:
• Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or
• Where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
• In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:
  • Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
• If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant..

The correct option is Section 203.

Key Points

• Sections 201, 202, and 203 typically play a crucial role in the early stages of inquiry.
• These sections are often associated with the process of filing and initiating a criminal complaint, conducting an inquiry, and determining whether there is enough evidence to proceed with a trial.
• Dismissal of a complaint under CrPC:-
  • Section 203:-
    • This section deals with the dismissal of a complaint by a magistrate.
    • Under this section the Magistrate has a power after examining the complainant and witnesses under section 200 and conducting an inquiry under section 202, if he finds that there is insufficient ground for proceeding then he can dismiss the complaint.
• Section 202:-
  • This section deals with the postponement of the issue of process.
  • The magistrate after taking cognizance of an offence may postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer or by any other person.
• Section 201:-
  • This section pertains to the procedure for the examination of the complainant.
  • After taking cognizance of an offence, the magistrate may examine the complainant and any witnesses present to ascertain the truth of the complaint.
  • This is done to determine whether there is sufficient ground for proceeding.
• These sections play a role in the early stages of criminal proceedings such as the inquiry into the case, examination of the complainant and witnesses and the decision to proceed with the case or dismiss it based on the available evidence.

The correct option is Dismissal of a complaint by the magistrate.

Key Points

• Dismissal of a complaint under CrPC:-
  • Section 203:-
    • This section deals with the dismissal of a complaint by a magistrate.
    • Under this section the Magistrate has a power after examining the complainant and witnesses under section 200 and conducting an inquiry under section 202, if he finds that there is insufficient ground for proceeding then he can dismiss the complaint.

Additional Information

• Chapter XV (Sections 200 to 203) talks about COMPLAINTS TO MAGISTRATES
• Section 202:-
  • This section deals with the postponement of the issue of process.
  • The magistrate after taking cognizance of an offence may postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer or by any other person.
• Section 201:-
  • This section pertains to the procedure for the examination of the complainant.
  • After taking cognizance of an offence, the magistrate may examine the complainant and any witnesses present to ascertain the truth of the complaint.
  • This is done to determine whether there is sufficient ground for proceeding.

Explanation: Examination of sec 200 CrPC is done to check whether complaint presents a prima facie case or not. After examination u/s 200, if court is satisfied and does not go for postponement of issue of process u/s 202, court will take the cognizance of offence. Issue of process to the accused will be evidence of the fact that court has taken cognizance.

The correct option is Section 203.

Key Points

• Sections 201, 202, and 203 typically play a crucial role in the early stages of inquiry.
• These sections are often associated with the process of filing and initiating a criminal complaint, conducting an inquiry, and determining whether there is enough evidence to proceed with a trial.
• Dismissal of a complaint under CrPC:-
  • Section 203:-
    • This section deals with the dismissal of a complaint by a magistrate.
    • Under this section the Magistrate has a power after examining the complainant and witnesses under section 200 and conducting an inquiry under section 202, if he finds that there is insufficient ground for proceeding then he can dismiss the complaint.
• Section 202:-
  • This section deals with the postponement of the issue of process.
  • The magistrate after taking cognizance of an offence may postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer or by any other person.
• Section 201:-
  • This section pertains to the procedure for the examination of the complainant.
  • After taking cognizance of an offence, the magistrate may examine the complainant and any witnesses present to ascertain the truth of the complaint.
  • This is done to determine whether there is sufficient ground for proceeding.
• These sections play a role in the early stages of criminal proceedings such as the inquiry into the case, examination of the complainant and witnesses and the decision to proceed with the case or dismiss it based on the available evidence.

The correct option is Dismissal of a complaint by the magistrate.

Key Points

• Dismissal of a complaint under CrPC:-
  • Section 203:-
    • This section deals with the dismissal of a complaint by a magistrate.
    • Under this section the Magistrate has a power after examining the complainant and witnesses under section 200 and conducting an inquiry under section 202, if he finds that there is insufficient ground for proceeding then he can dismiss the complaint.

Additional Information

• Chapter XV (Sections 200 to 203) talks about COMPLAINTS TO MAGISTRATES
• Section 202:-
  • This section deals with the postponement of the issue of process.
  • The magistrate after taking cognizance of an offence may postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer or by any other person.
• Section 201:-
  • This section pertains to the procedure for the examination of the complainant.
  • After taking cognizance of an offence, the magistrate may examine the complainant and any witnesses present to ascertain the truth of the complaint.
  • This is done to determine whether there is sufficient ground for proceeding.

Explanation: Examination of sec 200 CrPC is done to check whether complaint presents a prima facie case or not. After examination u/s 200, if court is satisfied and does not go for postponement of issue of process u/s 202, court will take the cognizance of offence. Issue of process to the accused will be evidence of the fact that court has taken cognizance.

The correct answer is option 2.Key Points

•  Section 202 of Criminal Procedure code 1973 deals with postponement of issue of process.
• It says any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
  • Provided that no such direction for investigation shall be made,:
• Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or
• Where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
• In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:
  • Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
• If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant..

The correct answer is option 3.Key Points

• Section 202 of Cr.P.C. 1973 deals with postponement of issue of process
• (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
• Provided that no such direction for investigation shall be made:
  • Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or
  • Where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
• Section 202 (2) says In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath.
• Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
• Section 202 (3) says if an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.

 

Explanation: Sec. 202 lays down the rule that in case of an offence exclusively triable by the court of session following the schedule, the magistrate before forwarding the complaint shall examine the complainant and all his witness on oath.

The correct answer is Option 3.

Key PointsSection 201 of Code of Criminal Procedure, 1973: 
Procedure by Magistrate not competent to take cognizance of the case.—
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,—
(a) if the complaint is in writing, return it for presentation to the proper Court with an
endorsement to that effect;
(b) if the complaint is not in writing, direct the complainant to the proper Court.

The correct answer is Magistrate Himself

Key PointsSection 200 of the Code of Criminal Procedure, 1973 relates Examination of a complainant.

It states that : A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate;

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses,

• if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
• if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192;

The correct answer is option 4.Key Points

• Section 202 of Criminal Procedure code 1973 deals with postponement of issue of process.
• It says any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
• Provided that no such direction for investigation shall be made,:
  • Where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or
  • Where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
• In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:
• Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
• If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.